Title 5, Consumer Credit Code

The short title of this article 16 is the Colorado Fair Debt Collection Practices Act. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1079, � 1, effective August 9. Editor's note: This section is similar to former � 12-14-101 as it existed prior…

(1) This article 16 shall apply to any collection agency, solicitor, or debt collector that has a place of business located: (a) Within this state; (b) Outside this state and collects or attempts to collect from consumers who reside within this state for a creditor with a place o…

As used in this article 16, unless the context otherwise requires: (1) Administrator means the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of this title 5, whose office is created in the department of law in section 5-6-103. (2) Repealed. (3) (a) Collection…

(1) Any debt collector or collection agency communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall: (a) Identify himself or herself, state that he or she is confirming or correcting location information con…

(1) Without the prior consent of the consumer given directly to the debt collector or collection agency or the express permission of a court of competent jurisdiction, a debt collector or collection agency shall not communicate with a consumer in connection with the collection of…

(1) A debt collector or collection agency shall not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the following conduct: (a) The use or threat of use of…

(1) A debt collector or collection agency shall not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including the following conduct: (a) The false representation or implication that the debt collector or collection ag…

(1) A debt collector or collection agency shall not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the following conduct: (a) The collection of any amount, including any interest, fee, charge, or expense incidental to …

(1) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector or collection agency shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the …

(1) (a) A debt collector or collection agency collecting on a medical debt that agrees to a payment plan with a consumer for the medical debt that is payable in four or more installments shall provide a written copy of the payment plan to the consumer within seven days after ente…

If any consumer owes multiple debts and makes any single payment to any collection agency with respect to such debts, the collection agency shall not apply the payment to any debt which is disputed by the consumer and when so informed shall apply the payment in accordance with th…

(1) Any debt collector or collection agency who brings any legal action on a debt against any consumer shall: (a) In the case of an action to enforce an interest in real property securing the consumer's obligation, bring the action only in a judicial district or similar legal ent…

(1) Except as described in subsection (2) of this section, a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or due to any political subdivision within the state, may add t…

(1) It is unlawful for any person to design, compile, and furnish any form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection or in the attempted collection of a deb…

(1) In addition to administrative enforcement pursuant to section 5-16-114 and subject to section 5-16-132 and the limitations provided by subsection (10) of this section, and except as otherwise provided by this section, any debt collector or collection agency who fails to compl…

Compliance with this article 16 shall be enforced by the administrator. The administrator may make reasonable rules for the administration and enforcement of this article 16, including standards of conduct for licensees and collection notices and forms. Source: L. 2017: Entire ar…

(1) It is unlawful for any person to: (a) Conduct the business of a collection agency or advertise or solicit, either in print, by letter, in person, or otherwise, the right to make collection or obtain payment of any debt on behalf of another without having obtained a license un…

Source: L. 2017: Entire section repealed, (SB 17-216), ch. 285, p. 1579, � 6, effective June 1; entire article added with relocations, (HB 17-1238), ch. 260, p. 1092, � 1, effective August 9. Editor's note: This section was numbered as � 12-14-116 in SB 17-216 (see L. 2017, p. 15…

(1) Repealed. (2) The administrator is authorized to approve or deny any application submitted pursuant to this article 16 and to issue any license authorized by this article 16. (3) Any complaint received by the administrator regarding violations of this article 16 by an attorne…

Any person acting as a collection agency must possess a valid license issued by the administrator in accordance with this article 16 and any rules adopted pursuant thereto. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1093, � 1, effective Augu…

(1) As requisites for licensure, an applicant for a collection agency license shall: (a) (I) Be owned by, or employ as collections manager or an executive officer of the agency, at least one individual who has been engaged in a responsible position in an established collection ag…

(1) Upon the approval of the license application by the administrator and the satisfaction of all application requirements, the administrator shall issue the applicant a license to operate as a collection agency. (2) The administrator may deny any application for a license or its…

Each licensee shall make an application to renew its license in the form and manner prescribed by the administrator. The application shall be accompanied by a nonrefundable renewal fee in an amount determined by the administrator. Source: L. 2017: Entire article added with reloca…

(1) (a) Upon any of the following changes, the licensee shall notify the administrator in writing of the change within thirty days after its occurrence: (I) Change of business name or address; (II) If a corporation or limited liability company, change in ownership of ten or more …

(1) A licensee shall: (a) Maintain, at all times, liquid assets in the form of deposit accounts in the total sum of not less than two thousand five hundred dollars more than all sums due and owing to all of its clients; (b) (I) (A) Maintain, at all times, an office within this st…

(1) Each licensee shall maintain at all times and each applicant shall file, prior to the issuance of any license to the applicant, a bond in the sum of twelve thousand dollars plus an additional two thousand dollars for each ten thousand dollars or part thereof by which the aver…

(1) In addition to the unlawful acts specified in sections 5-16-112 and 5-16-115, it is unlawful and a violation of this article 16 for any person: (a) To refuse or fail to comply with section 5-16-104, 5-16-105, 5-16-106, 5-16-107, 5-16-108, 5-16-109, 5-16-110, 5-16-118, 5-16-11…

An action or proceeding brought by the administrator pursuant to this article 16 or pursuant to any rule issued by the administrator under this article 16 must be brought within two years after the date on which the violation occurred. Source: L. 2017: Entire section added, (SB 1…

Any person who violates any provision of section 5-16-125 (1), (2), (3), or (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1101, � 1, effective August 9. …

(1) Upon filing with the administrator by any interested person a written complaint charging any person with a violation of this article 16, any rule adopted pursuant to this article 16, or any lawful order of the administrator, the administrator shall conduct an investigation. (…

(1) Any interested person may file a written complaint with the executive director of the department of personnel charging a debt collector in the employ of the department of personnel with a violation of: (a) This article 16 or a rule promulgated pursuant to this article 16; (b)…

The administrator shall keep a suitable record of all license applications and bonds required to be filed. The record shall state whether a license has been issued under the application and bond and, if revoked, the date of the filing of the order of revocation. The administrator…

County courts shall have concurrent jurisdiction with the district courts of this state in all criminal prosecutions for violations of this article 16. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, � 1, effective August 9. Editor's note: …

It is the duty of the district attorney to prosecute all violations of the provisions of this article 16 occurring within his or her district. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, � 1, effective August 9. Editor's note: This sect…

The remedies provided in this article 16 are in addition to and not exclusive of any other remedies provided by law. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, � 1, effective August 9. Editor's note: This section is similar to former �…

The district court in and for the city and county of Denver, upon application of the administrator, may issue an injunction or other appropriate order restraining any person from a violation of this article 16 and may appoint a receiver or award other relief to effectuate the pro…

(1) (a) All revenue, except fines, collected pursuant to this article 16 before July 1, 2024, shall be collected by the administrator and transmitted to the state treasurer, who shall credit the money to the collection agency cash fund, which fund is created and referred to in th…

This article 16 applies to debt buyers with respect to consumer debts sold or resold on or after January 1, 2018. Source: L. 2017: Entire section added, (SB 17-216), ch. 285, p. 1581, � 11, effective June 1. Editor's note: This section was numbered as � 12-14-136.5 in SB 17-216 (…

This article 16 is repealed, effective September 1, 2028. Before its repeal, this article 16 is scheduled for review in accordance with section 24-34-104. Source: L. 2017: Entire section amended, (SB 17-216), ch. 285, p. 1577, � 2, effective June 1; entire article added with relo…