Title 6, Consumer and Commercial Affairs
0 chapters · 428 sections in this title.
Colo. Rev. Stat. § 6-1-1001 Restrictions on use of loan information for solicitations - definition
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(1) A person shall not reference the trade name or trademark of a lender or a trade name or trademark confusingly similar to that of a lender in a solicitation for the offering of services or products without the consent of the lender unless the solicitation clearly and conspicuo…
Colo. Rev. Stat. § 6-1-101 Short title
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This article shall be known and may be cited as the Colorado Consumer Protection Act. Source: L. 69: p. 376, � 13. C.R.S. 1963: � 55-5-13.
Colo. Rev. Stat. § 6-1-102 Definitions
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As used in this article 1, unless the context otherwise requires: (1) Advertisement includes the attempt by publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire a…
Colo. Rev. Stat. § 6-1-103 Attorney general and district attorneys concurrently responsible for enforcement
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The attorney general and the district attorneys of the several judicial districts of this state are concurrently responsible for the enforcement of this article 1. Until the Colorado supreme court adopts a venue provision relating to this article 1, actions instituted pursuant to…
Colo. Rev. Stat. § 6-1-104 Cooperative reporting
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The district attorneys may cooperate in a statewide reporting system by receiving, on forms provided by the attorney general, complaints from persons concerning deceptive trade practices listed in section 6-1-105 or part 7 or 13 of this article 1 and transmitting the complaints t…
Colo. Rev. Stat. § 6-1-105 Unfair or deceptive trade practices - definitions
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(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person: (a) Either knowingly or recklessly passes off goods, services, or property as those of another; (b) Either knowingly or recklessly makes a false r…
Colo. Rev. Stat. § 6-1-105.5 Hearing aid dealers - deceptive trade practices. (Repealed)
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Source: L. 86: Entire section added, p. 443, � 1, effective April 17. L. 87: (2)(e)(III) amended, p. 358, � 5, effective July 1. L. 88: (2)(e)(II) amended, p. 343, � 3, effective July 1. L. 92: (1)(a), (1)(b), (2)(a), (2)(b), (2)(c), IP(2)(d), (2)(e), and (2)(f) amended and (1)(a…
Colo. Rev. Stat. § 6-1-106 Exclusions
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(1) This article does not apply to: (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters, or printers engaged in…
Colo. Rev. Stat. § 6-1-107 Powers of attorney general and district attorneys
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(1) When the attorney general or a district attorney has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney genera…
Colo. Rev. Stat. § 6-1-108 Subpoenas - hearings - rules
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(1) When the attorney general or a district attorney has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or…
Colo. Rev. Stat. § 6-1-109 Remedies
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(1) If any person fails to cooperate with any investigation pursuant to section 6-1-107 or fails to obey any subpoena pursuant to section 6-1-108, the attorney general or a district attorney may apply to the appropriate district court for an appropriate order to effect the purpos…
Colo. Rev. Stat. § 6-1-110 Restraining orders - injunctions - assurances of discontinuance
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(1) Whenever the attorney general or a district attorney has cause to believe that a person has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may apply for and obtai…
Colo. Rev. Stat. § 6-1-1101 Short title
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This part 11 shall be known and may be cited as the Colorado Foreclosure Protection Act. Source: L. 2006: Entire part added, p. 1330, � 1, effective May 30.
Colo. Rev. Stat. § 6-1-1102 Legislative declaration
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The general assembly hereby finds, determines, and declares that home ownership and the accumulation of equity in one's home provide significant social and economic benefits to the state and its citizens. Unfortunately, too many home owners in financial distress, especially the p…
Colo. Rev. Stat. § 6-1-1103 Definitions
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As used in this part 11, unless the context otherwise requires: (1) Associate means a partner, subsidiary, affiliate, agent, or any other person working in association with a foreclosure consultant or an equity purchaser. Associate does not include a person who is excluded from t…
Colo. Rev. Stat. § 6-1-1104 Foreclosure consulting contract
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(1) A foreclosure consulting contract shall be in writing and provided to and retained by the home owner, without changes, alterations, or modifications, for review at least twenty-four hours before it is signed by the home owner. (2) A foreclosure consulting contract shall be pr…
Colo. Rev. Stat. § 6-1-1105 Right of cancellation
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(1) In addition to any right of rescission available under state or federal law, the home owner has the right to cancel a foreclosure consulting contract at any time. (2) Cancellation occurs when the home owner gives written notice of cancellation of the foreclosure consulting co…
Colo. Rev. Stat. § 6-1-1106 Waiver of rights - void
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(1) A provision in a foreclosure consulting contract is void as against public policy if the provision attempts or purports to: (a) Waive any of the rights specified in this subpart 2 or the right to a jury trial; (b) Consent to jurisdiction for litigation or choice of law in a s…
Colo. Rev. Stat. § 6-1-1107 Prohibited acts
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(1) A foreclosure consultant may not: (a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented that the foreclosure consultant …
Colo. Rev. Stat. § 6-1-1108 Criminal penalties
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A person who violates section 6-1-1107 is guilty of a misdemeanor, as defined in section 18-1.3-504, C.R.S., and shall be subject to imprisonment in county jail for up to one year, a fine of up to twenty-five thousand dollars, or both. Source: L. 2006: Entire part added, p. 1338,…
Colo. Rev. Stat. § 6-1-1109 Unconscionability
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(1) A foreclosure consultant or associate may not facilitate or engage in any transaction that is unconscionable given the terms and circumstances of the transaction. (2) (a) If a court, as a matter of law, finds a foreclosure consultant contract or any clause of such contract to…
Colo. Rev. Stat. § 6-1-111 Information and evidence confidential and inadmissible - when
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(1) Any testimony obtained by the attorney general or a district attorney pursuant to compulsory process under this article or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so …
Colo. Rev. Stat. § 6-1-1110 Language
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A foreclosure consulting contract, and all notices of cancellation provided for therein, shall be written in English and shall be accompanied by a written translation from English into any other language principally spoken by the home owner, certified by the person making the tra…
Colo. Rev. Stat. § 6-1-1111 Written contract required
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Every contract shall be written in at least nine-point, legible type and fully completed, signed, and dated by the home owner and equity purchaser prior to the execution of any instrument quit-claiming, assigning, transferring, conveying, or encumbering an interest in the residen…
Colo. Rev. Stat. § 6-1-1112 Written contract - contents - notice
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(1) Every contract shall contain the entire agreement of the parties and shall include the following terms: (a) The name, business address, and telephone number of the equity purchaser; (b) The street address and full legal description of the residence in foreclosure; (c) Clear a…
Colo. Rev. Stat. § 6-1-1113 Cancellation
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(1) In addition to any right of rescission available under state or federal law, the home owner has the right to cancel a contract with an equity purchaser until 12 midnight of the third business day following the day on which the home owner signs a contract that complies with th…
Colo. Rev. Stat. § 6-1-1114 Notice of cancellation
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(1) (a) The contract shall contain, as the last provision before the space reserved for the home owner's signature, a conspicuous statement in at least twelve-point bold-faced type, as follows: You may cancel this contract for the sale of your house without any penalty or obligat…
Colo. Rev. Stat. § 6-1-1115 Options through reconveyances
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(1) A transaction in which a home owner purports to grant a residence in foreclosure to an equity purchaser by an instrument that appears to be an absolute conveyance and reserves to the home owner or is given by the equity purchaser an option to repurchase shall be permitted onl…
Colo. Rev. Stat. § 6-1-1116 Waiver of rights - void
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(1) A provision in a contract between an equity purchaser and home owner is void as against public policy if it attempts or purports to: (a) Waive any of the rights specified in this subpart 3 or the right to a jury trial; (b) Consent to jurisdiction for litigation or choice of l…
Colo. Rev. Stat. § 6-1-1117 Prohibited conduct
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(1) The contract provisions required by sections 6-1-1111 to 6-1-1114 shall be provided and completed in conformity with such sections by the equity purchaser. (2) Until the time within which the home owner may cancel the transaction has fully elapsed, the equity purchaser shall …
Colo. Rev. Stat. § 6-1-1118 Criminal penalties
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A person who violates section 6-1-1117 (2) or (3) or who intentionally violates section 6-1-1117 (4) is guilty of a misdemeanor, as defined in section 18-1.3-504, C.R.S., and shall be subject to imprisonment in county jail for up to one year, a fine of up to twenty-five thousand …
Colo. Rev. Stat. § 6-1-1119 Unconscionability
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(1) An equity purchaser or associate may not facilitate or engage in any transaction that is unconscionable given the terms and circumstances of the transaction. (2) (a) If a court, as a matter of law, finds an equity purchaser contract or any clause of such contract to have been…
Colo. Rev. Stat. § 6-1-112 Civil penalties - definition
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(1) The attorney general or a district attorney may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows: (a) Except as provided in subsections (3) and (4) of this section, any person who violates or causes another to violate any provis…
Colo. Rev. Stat. § 6-1-1120 Language
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(1) Any contract, rental agreement, lease, option or right to repurchase, and any notice, conveyance, lien, encumbrance, consent, or other document or instrument signed by a home owner, shall be written in English; except that, if the equity purchaser has actual or constructive k…
Colo. Rev. Stat. § 6-1-1121 Short sales - subsequent purchaser - definition
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(1) With respect to any short sale transaction in which an equity purchaser intends to resell the residence in foreclosure to a subsequent purchaser, the equity purchaser shall: (a) Provide full disclosure to the home owner and to the holders of the evidence of debt on the reside…
Colo. Rev. Stat. § 6-1-113 Civil actions - damages - other relief - class actions
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(1) The provisions of this article shall be available in a civil action for any claim against any person who has engaged in or caused another to engage in any deceptive trade practice listed in this article. An action under this section shall be available to any person who: (a) I…
Colo. Rev. Stat. § 6-1-114 Criminal penalties
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Any person who promotes a pyramid promotional scheme in this state commits a class 1 misdemeanor, as defined in section 18-1.3-501. Any person who violates article 230 of title 12 or section 6-1-701 or 6-1-717 commits a class 2 misdemeanor. Source: L. 73: p. 620, � 5. C.R.S. 1963…
Colo. Rev. Stat. § 6-1-115 Limitations
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All actions brought under this article must be commenced within three years after the date on which the false, misleading, or deceptive act or practice occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer d…
Colo. Rev. Stat. § 6-1-116 Investigation of unfair business practices by regulated persons - district attorney requests for records from licensing authorities - interagency agreements with attorney general - legislative declaration - definitions
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(1) The general assembly hereby finds, determines, and declares that: (a) Federal and state consumer protection and unfair trade laws, such as those prohibiting unfair or deceptive trade practices, price fixing, and monopolization, exist to protect consumers against unfair busine…
Colo. Rev. Stat. § 6-1-1201 Short title
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The short title of this part 12 is the Colorado Peer-to-peer Car Sharing Act. Source: L. 2019: Entire part added, (SB 19-090), ch. 391, p. 3492, � 1, effective January 1, 2020.
Colo. Rev. Stat. § 6-1-1202 Definitions
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As used in this part 12, unless the context otherwise requires: (1) Car means a motor vehicle as defined in section 42-1-102 (58). (2) Car sharing means the authorized use of a shared car by persons other than the shared car's owner, facilitated by a car sharing program. (3) (a) …
Colo. Rev. Stat. § 6-1-1203 Insurance coverage during car sharing period
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(1) (a) Except as provided in subsection (1)(b) of this section, a car sharing program shall assume the liability of a shared car owner for any bodily injury or property damage to third parties, or uninsured and underinsured motorist or personal injury protection losses, during t…
Colo. Rev. Stat. § 6-1-1204 Notification of implications of lien
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When a car owner registers as a shared car owner on a car sharing program and before the shared car is made available for car sharing, the car sharing program shall notify the shared car owner that, if the shared car has a lien against it, the use of the shared car through a car …
Colo. Rev. Stat. § 6-1-1205 Liability - exclusions for personal automobile liability insurance policy - indemnification
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(1) An authorized insurer may exclude coverage and the duty to defend or indemnify for any claim under a shared car owner’s personal automobile liability insurance policy. This part 12 does not invalidate or limit an exclusion contained in an automobile liability insurance policy…
Colo. Rev. Stat. § 6-1-1206 Prohibition on exclusion of coverage for car sharing
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An automobile insurance company shall not exclude otherwise applicable uninsured or underinsured motorist coverage from a shared car driver's or passenger's personal automobile insurance policy because of the person's participation in car sharing. Source: L. 2019: Entire part add…
Colo. Rev. Stat. § 6-1-1207 Record keeping
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A car sharing program shall collect and verify records concerning the use of a vehicle, including times used, fees paid by the shared car driver, and revenues received by the shared car owner. A car sharing program shall provide these records upon request to the shared car owner;…
Colo. Rev. Stat. § 6-1-1208 Federal law - vicarious liability
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A car sharing program and a shared car owner are exempt from vicarious liability in accordance with 49 U.S.C. sec. 30106 and under any state or local law that imposes liability based only on vehicle ownership. Source: L. 2019: Entire part added, (SB 19-090), ch. 391, p. 3497, � 1…
Colo. Rev. Stat. § 6-1-1209 Insurable interest
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(1) A car sharing program shall have an insurable interest in a shared car during the sharing period. This section does not create liability for a car sharing program for failure to maintain the insurance coverage required in section 6-1-1203 if insurance coverage is maintained i…
Colo. Rev. Stat. § 6-1-1210 Required disclosures and notices
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(1) A car sharing program shall, for each shared car participating in a car sharing agreement on its platform, do all of the following: (a) Provide the shared car owner and the shared car driver with the terms and conditions of the car sharing agreement; (b) Disclose to the share…
Colo. Rev. Stat. § 6-1-1211 Driver's license verification and data retention
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(1) A car sharing program shall not enter into a car sharing agreement with a shared car driver unless the driver: (a) Holds a driver's license, issued under article 2 of title 42, that authorizes the driver to operate cars of the class of the shared car; or (b) Is a nonresident …