Title 6, Consumer and Commercial Affairs
0 chapters · 428 sections in this title.
Colo. Rev. Stat. § 6-2-108 Secret rebates or refunds prohibited
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The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers upon like terms and conditions, to the inj…
Colo. Rev. Stat. § 6-2-109 Contract illegal - when
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Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 6-2-103 to 6-2-108 is an illegal contract, and no recovery thereon shall be had; except that no part of this article shall prevent the payment of patronage…
Colo. Rev. Stat. § 6-2-110 When provisions not applicable
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(1) The provisions of sections 6-2-105 to 6-2-107 shall not apply to any sale made: (a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or t…
Colo. Rev. Stat. § 6-2-111 Unlawful acts - remedy - license - rules
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(1) Any person, firm, private corporation, municipal corporation, public corporation, or trade association may maintain an action to enjoin a continuance of any act in violation of sections 6-2-103 to 6-2-108 or section 6-2-110 and, if injured thereby, for the recovery of damages…
Colo. Rev. Stat. § 6-2-111.5 Civil discovery requests
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(1) When the attorney general has reasonable cause to believe that any person, partnership, firm, corporation, joint stock company, or other association has engaged in or is engaging in a violation of any provision of this article, the attorney general may: (a) Request such perso…
Colo. Rev. Stat. § 6-2-112 Testimony - books and records
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In an action brought under this article, any defendant may be required to testify under subpoena duly issued in pursuance to the Colorado rules of civil procedure, and the books and records of any such defendant may be brought into court and introduced into evidence. No informati…
Colo. Rev. Stat. § 6-2-113 Selling below cost
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For the purposes of this article, in all sales involving more than one product or service and in all sales involving the giving of any concession of any kind, the combined total selling price of all products or services shall be compared to the combined total cost of all products…
Colo. Rev. Stat. § 6-2-114 Advertising goods not available
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It is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement. Source: L. 49: p. 347, � 12. C…
Colo. Rev. Stat. § 6-2-115 Evidence to establish legal price. (Repealed)
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Source: L. 49: p. 348, � 13. CSA: C. 48, � 302(9d). CRS 53: � 55-2-13. C.R.S. 1963: � 55-2-13. L. 2007: Entire section repealed, p. 515, � 6, effective April 16.
Colo. Rev. Stat. § 6-2-115.5 State agencies - authority to contract with private enterprise
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(1) Any state agency which is provided goods or services or which provides goods to the public, including manufacturing, processing, selling, offering for sale, renting, leasing, delivering, distributing, or advertising, shall determine if such goods can also be provided for by c…
Colo. Rev. Stat. § 6-2-116 Penalty
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Any person, firm, or corporation, whether as principal, agent, officer, or director, for himself, herself, or itself, or for another person, or for any firm or corporation who violates any of the provisions of sections 6-2-103 to 6-2-108 or section 6-2-110 commits a class 2 misde…
Colo. Rev. Stat. § 6-2-117 Remedies cumulative
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The remedies prescribed in this article are cumulative. Source: L. 41: p. 824, � 11. CSA: C. 48, � 302(11). L. 49: p. 349, � 15. CRS 53: � 55-2-15. C.R.S. 1963: � 55-2-15.
Colo. Rev. Stat. § 6-4-101 Short title
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The short title of this article 4 is the Colorado State Antitrust Act of 2023. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2509, � 2, effective June 7. Editor's note: This section is similar to former � 6-4-101 as it existed prior to 2023.
Colo. Rev. Stat. § 6-4-102 Legislative declaration
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(1) The general assembly finds and declares that: (a) Competition is fundamental to: (I) The free market system; and (II) A healthy marketplace that protects workers and consumers; and (b) The unrestrained and fair interaction of competitive forces will yield the best allocation …
Colo. Rev. Stat. § 6-4-103 Definitions
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As used in this article 4, unless the context otherwise requires: (1) Commodity includes any of the following for use, consumption, production, enjoyment, or resale: (a) Goods; (b) Merchandise; (c) Wares; (d) Produce; (e) Chose in action; (f) Land; (g) Articles of commerce; or (h…
Colo. Rev. Stat. § 6-4-104 Illegal restraint of trade or commerce
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(1) Entering into or engaging in any of the following in restraint of trade or commerce is illegal: (a) A contract; (b) A combination in the form of a trust or other form of combination; or (c) A conspiracy. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2511, � …
Colo. Rev. Stat. § 6-4-105 Monopolization and attempt to monopolize
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It is illegal for any person to monopolize, attempt to monopolize, or combine or conspire with any other person to monopolize any part of trade or commerce. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2511, � 2, effective June 7. Editor's note: This section is…
Colo. Rev. Stat. § 6-4-106 Bid-rigging
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(1) It is illegal for any person to contract, combine, or conspire with any person to rig any bid, or any aspect of the bidding process, in any way related to the provision of any commodity or service. (2) For purposes of this section, each separate instance of bid-rigging consti…
Colo. Rev. Stat. § 6-4-107 Mergers - acquisitions
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(1) It is illegal for any person engaged in trade or commerce to acquire, directly or indirectly, the whole or any part of the stock, other share capital, or assets of another person engaged in trade or commerce if the effect of the acquisition may substantially lessen competitio…
Colo. Rev. Stat. § 6-4-108 Facilitating or aiding and abetting
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(1) It is unlawful to facilitate or aid and abet another person in violating this article 4. (2) Each separate instance of facilitating or aiding and abetting another person in violating this article 4 is a separate violation of this article 4. Source: L. 2023: Entire article R&R…
Colo. Rev. Stat. § 6-4-109 Exemptions
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(1) The labor of an individual is not a commodity, a service, or an article of trade or commerce. (2) Nothing in this article 4 shall be construed to: (a) Forbid the existence and operation of a labor, agricultural, or horticultural organization that: (I) Is instituted for the pu…
Colo. Rev. Stat. § 6-4-110 Jurisdiction - venue
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(1) Primary jurisdiction of any cause of action brought pursuant to this article 4 is vested in the district courts of this state. (2) Any cause of action brought pursuant to this article 4 may be brought in any judicial district in which the alleged violation occurred, any injur…
Colo. Rev. Stat. § 6-4-111 Civil discovery request - rules
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(1) When the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or may have information related to a violation of this article 4 or of any provision of the federal antitrust statutes that may be enforced by the attorney general, the a…
Colo. Rev. Stat. § 6-4-112 Enforcement by the attorney general
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(1) The attorney general may institute actions or proceedings to prevent or restrain violations of this article 4, including actions to prevent or restrain unfair methods of competition in or affecting commerce. (2) The attorney general may bring a civil action on behalf of the s…
Colo. Rev. Stat. § 6-4-113 Civil penalties
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(1) The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state …
Colo. Rev. Stat. § 6-4-114 Enforcement - injunction
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(1) Any person injured, either directly or indirectly, in its business or property by reason of a violation of this article 4 may file an action to prevent or restrain the violation. (2) In any action brought pursuant to this section, the court, in its discretion, may award the p…
Colo. Rev. Stat. § 6-4-115 Enforcement - civil damages
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(1) Any person injured, either directly or indirectly, in its business or property by reason of any violation of this article 4 may sue and, if successful, is entitled to recover any actual damages that the person sustained. If the violation alleged and proved is determined by th…
Colo. Rev. Stat. § 6-4-116 Notice to the attorney general
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Any person that files a civil action that includes any allegation of a violation of this article 4 shall, simultaneously with the filing of the action in district court, serve a copy of the complaint on the attorney general. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch.…
Colo. Rev. Stat. § 6-4-117 Computation of damages
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In any action brought pursuant to section 6-4-112 or 6-4-115, the amount of damages may be calculated and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as…
Colo. Rev. Stat. § 6-4-118 Enforcement - criminal proceedings
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(1) The attorney general shall prosecute all criminal proceedings for violations of this article 4, whether by indictment or direct information filed in the appropriate district court. (2) Any individual who violates section 6-4-104, 6-4-105, or 6-4-106 commits a class 5 felony a…
Colo. Rev. Stat. § 6-4-119 Statute of limitations
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(1) Any civil action commenced pursuant to this article 4 must be brought within four years after the date that the cause of action accrued. For purposes of this article 4, a cause of action accrues: (a) When the circumstances giving rise to the cause of action are discovered or …
Colo. Rev. Stat. § 6-4-120 Remedies - cumulative
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The remedies provided in this article 4 are cumulative except as otherwise expressly limited. Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2518, � 2, effective June 7. Editor's note: This section is similar to former � 6-4-120 as it existed prior to 2023.
Colo. Rev. Stat. § 6-4-121 Void contracts - refund
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(1) Any contract or agreement that a person makes while a member of any combination, conspiracy, trust, or pool prohibited under this article 4 that is founded upon, is the result of, grows out of, or is connected with any violation of this article 4, either directly or indirectl…
Colo. Rev. Stat. § 6-4-122 Severability
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If any provision of this article 4 or the application of this article 4 to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this article 4 that can be given effect without the invalid provision or application. Source…
Colo. Rev. Stat. § 6-6-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Unsolicited goods means contractual obligations or other tangible or intangible property or services delivered to a person who has not ordered, solicited, or agreed to purchase them, but shall not include tangibl…
Colo. Rev. Stat. § 6-6-102 Obligation of recipient
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(1) Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. (2) If such unsolicited goods are either addressed to or intended for the recipient, they …
Colo. Rev. Stat. § 6-6-103 Collections prohibited - penalty - definition
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(1) No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications. (2) (a) The sender of a magazine or other periodical shall cancel a subscription if any invoice is retur…
Colo. Rev. Stat. § 6-10-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Person means individuals, partnerships, associations, and corporations. (2) Property means all goods, chattels and effects, real, personal and mixed property, money, rights and credits, and choses in action excep…
Colo. Rev. Stat. § 6-10-102 General assignment
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Any person may make a general assignment for the benefit of his creditors by deed duly acknowledged. When filed for record in the office of the clerk and recorder of the county where the assignor resides or, if a nonresident, where his principal place of business is in this state…
Colo. Rev. Stat. § 6-10-103 Inventory - list of creditors
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The assignor shall render to such assignee within four days from the date of said assignment an inventory under oath, of his property, to the best of his knowledge, with the estimated value thereof, and also a list of his creditors, giving their names, residence and post-office a…
Colo. Rev. Stat. § 6-10-104 Assignment for all creditors
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No such deed of general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid, unless by its terms it is made for the benefit of all his creditors in proportion to the amount of their respective claims. Source: L. …
Colo. Rev. Stat. § 6-10-105 Assent of creditors presumed
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When an assignment of property for the benefit of all the creditors of the assignor is made, the assent of the creditors shall be presumed. Source: L. 1897: p. 95, � 5. R.S. 08: � 178. C.L. � 6245. CSA: C. 12, � 5. CRS 53: � 11-1-5. C.R.S. 1963: � 11-1-5.
Colo. Rev. Stat. § 6-10-106 Inventory filed where - bond
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The assignee shall file with the clerk of the district court of the county in which such deed of assignment is recorded a true and complete inventory and valuation of the property of the said assignor, under oath, so far as the same has come to his knowledge, within a period not …
Colo. Rev. Stat. § 6-10-107 Assignee an officer of court
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An assignee named and qualified under this article shall be deemed to be an officer of court. Any interference with the assignee in the discharge of his duties is contempt of court, and no suit against the assignee in relation to or concerning the property assigned shall be insti…
Colo. Rev. Stat. § 6-10-108 Notice of assignment of realty
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Where real property or any interest therein is by deed conveyed to the assignee, the assignee shall forthwith file with the clerk and recorder of each county where the real estate is situated a notice of the assignment, containing the names of the assignor and assignee, the date …
Colo. Rev. Stat. § 6-10-109 Priority of claims - notice
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The assignee shall forthwith give notice of such assignment by publication for four weeks in some newspaper in the county, if any, and if none, then in the nearest county thereto. The assignee shall also forthwith send a notice by mail to each creditor of whom he shall be informe…
Colo. Rev. Stat. § 6-10-110 Report of assignee
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At the expiration of three months from the time of the first publication and the mailing of notice, the assignee shall report and file with the clerk of the court a true and complete list, under oath, of all the creditors of the assignor who have filed their claims, the place of …
Colo. Rev. Stat. § 6-10-111 Exceptions to claims - hearing
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Any person interested may appear before a dividend is made and file with the clerk any exceptions to the claim or demand of any creditor. The clerk shall immediately cause notice thereof to be given to the creditor which shall be served and returned as in the case of a summons. W…
Colo. Rev. Stat. § 6-10-112 Judgment - fee of assignee
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If no exception is made to a claim filed or if the claim has been favorably adjudicated, the court shall enter judgment in favor of the creditor and against the assignor for the amount claimed and found due, and order the assignee to make from time to time fair and equal dividend…
Colo. Rev. Stat. § 6-10-113 Application of unclaimed dividends
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The dividends of any unsettled assignment which remain unclaimed for such time as specified in this article after the final dividend has been decided, upon the application of one or more creditors of such assignor, shall be paid by the assignee under direction of the court to the…