Colo. Rev. Stat. § 6-1-101
Short title
This article shall be known and may be cited as the "Colorado Consumer Protection Act".
Colorado Revised Statutes Title 6 — Consumer and Commercial Affairs
Colorado · statute · Colo. Rev. Stat. tit. 6 · 434 active provisions
Colo. Rev. Stat. § 6-1-102
Definitions
As used in this article 1, unless the context otherwise requires: (1) "Advertisement" means an attempt by publication, dissemination, solicitation, or circulation, whether visual, oral, or written, to induce directly or indirectly a person to enter into a transaction or acquire a title or an interest in property. (2) (…
Colo. Rev. Stat. § 6-1-103
Attorney general and district attorneys concurrently responsible for enforcement
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 this article 1 may be brought in the co…
Colo. Rev. Stat. § 6-1-104
Cooperative reporting
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 this article 1 and transmitting the complaints to the attorney general.
Colo. Rev. Stat. § 6-1-105
Unfair or deceptive trade practices - definitions
(1) A person engages in an unfair or 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 representation as to the sourc…
Colo. Rev. Stat. § 6-1-106
Exclusions
(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 the dissemination of information or rep…
Colo. Rev. Stat. § 6-1-107
Powers of attorney general and district attorneys
(1) When the attorney general or a district attorney has reasonable cause to believe that a person in this state or elsewhere has engaged in, is engaging in, or otherwise has information relevant to an unfair or deceptive trade practice described in this article 1, the attorney general or district attorney may: (a) Req…
Colo. Rev. Stat. § 6-1-108
Subpoenas - hearings - rules
(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 described in this article 1, the attorney general or a district attorney, in addition to other powers conferred upon the att…
Colo. Rev. Stat. § 6-1-109
Remedies
(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 purposes of this article 1. The application sh…
Colo. Rev. Stat. § 6-1-110
Restraining orders - injunctions - assurances of discontinuance
(1) Whenever the attorney general or a district attorney has cause to believe that a person has engaged in or is engaging in a deceptive trade practice described in this article 1, the attorney general or district attorney may apply for and obtain, in an action in the appropriate district court of this state, a tempora…
Colo. Rev. Stat. § 6-1-111
Information and evidence confidential and inadmissible - when
(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 compelled to testify. The provisions of…
Colo. Rev. Stat. § 6-1-112
Civil penalties - definition
(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 provision of this article 1 shall forfeit and…
Colo. Rev. Stat. § 6-1-113
Civil actions - damages - other relief - class actions
(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) Is an actual or potential consumer of the…
Colo. Rev. Stat. § 6-1-114
Criminal penalties
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.
Colo. Rev. Stat. § 6-1-115
Limitations
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 discovered or in the exercise of reasonab…
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
(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 business practices that undermine fair competi…
Colo. Rev. Stat. § 6-1-117
Colorado consumer protection act advisory council - created - membership - duties - subject to review - repeal
(1) The Colorado consumer protection act advisory council, referred to in this section as the "advisory council", is created in the department of law. The advisory council consists of three members appointed by the attorney general as follows: (a) One member representing the business community or an association represe…
Colo. Rev. Stat. § 6-1-201
Definitions
As used in this part 2, unless the context otherwise requires: (1) "Collision damage waiver" means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees, for a charge, to waive any and all claims against the lessee for any damages to the re…
Colo. Rev. Stat. § 6-1-202
Prohibited act
No lessor engaged in renting motor vehicles may sell to any lessee renting a motor vehicle in this state a collision damage waiver as part of the rental contract unless the lessor first gives the lessee written disclosure, as provided in section 6-1-203, of the terms and provisions of such waiver.
Colo. Rev. Stat. § 6-1-203
Collision damage waiver form - requirements - failure to comply
(1) Any collision damage waiver form shall conform to the following requirements: (a) It shall be understandable and written in simple and readable plain language; (b) The terms of such collision damage waiver, including, but not limited to, any conditions or exclusions applicable to the collision damage waiver, shall…
Colo. Rev. Stat. § 6-1-204
Prohibited exclusion
(1) No collision damage waiver subject to this part 2 shall contain an exclusion from the waiver for damages caused by the ordinary negligence of the lessee. Any such exclusion in violation of this section will be void and is a deceptive trade practice under this article. This section shall not be deemed to prohibit an…
Colo. Rev. Stat. § 6-1-205
Information to be disclosed in advertisements for rental agreements for rental motor vehicles
In any advertisement to the public for a rental agreement for a rental motor vehicle that includes a rental rate, the lessor shall prominently disclose on the face of the advertisement the daily charge of any collision damage waiver offered, a statement informing a prospective lessee that the prospective lessee should…
Colo. Rev. Stat. § 6-1-206
Additional mandatory charges - required disclosures - definitions
(1) If a motor vehicle rental company imposes additional mandatory charges, the rental company shall: (a) Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. The good-faith estimate may exclude mileag…
Colo. Rev. Stat. § 6-1-207
Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions
(1) (a) The general assembly hereby finds and declares that: (I) The federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12182 (a), states that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advanta…
Colo. Rev. Stat. § 6-1-208
Notification of chain laws
During September 1 through May 31 of each year, a lessor shall notify, at the time of rental, a lessee of the requirements of, duties in, and the penalty for violating section 42-4-106 (5) and whether the rental motor vehicle complies with section 42-4-106 (5). The notification must be made in a clear and conspicuous m…
Page 1 of 18Next →