Solicitation of fee for a deed or deed of trust - definitions

(1) As used in this section: (a) "Local government" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of them. (b) "Solicit" or "solicitation" means to directly advertise or market through writing or graphics and via mail, telefax, or electronic mail to an individually identified person, residence, or business location. "Solicit" and "solicitation" do not include any of the following: (I) Communicating via telephone, mail, or electronic communication, if initiated by a consumer; or (II) Advertising and marketing to those with whom the solicitor has a preexisting business relationship. (c) "State agency" means any office, department, or independent agency in the executive branch of Colorado state government, the general assembly, or the courts. (2) A person who solicits a fee for providing a copy of a deed or deed of trust shall: (a) Not less than fifteen days before distributing a solicitation, furnish a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed; (b) Not charge a fee of more than four times the amount charged by the county clerk and recorder that has custody of the deed or deed of trust for a copy of the same deed or deed of trust; and (c) (I) State on the top of the document used for the solicitation, in at least twenty-four-point type: (A) That the solicitation is not from a state agency or local government; (B) That no action is legally required of the person being solicited; (C) The fee for, or the cost of, obtaining a copy of the deed or deed of trust from the county clerk and recorder that has custody of the deed or deed of trust; (D) The information necessary to contact the county clerk and recorder that has custody of the deed or deed of trust; and (E) The name and physical address of the person soliciting the fee. (II) The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the individual being solicited. (3) Only the attorney general or district attorney may bring an action against a person who violates this section. The penalties specified in section 6-1-112 apply to the action.