C.R.S. § 6-1-724 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-724
6-1-724. Unlicensed alternative health-care practitioners - deceptive trade practices - s
Status: in_force

6-1-724. Unlicensed alternative health-care practitioners - deceptive trade practices - short title - legislative declaration - definitions. (1) This section shall be known and may be cited as the "Colorado Natural Health Consumer Protection Act".

(2) The general assembly hereby finds and declares that:

(a) According to a July 2009 report from the national institute of health's national center for complementary and alternative medicine, which was based on 2007 survey data:

(I) Thirty-eight percent of Americans use complementary and alternative medicine; and

(II) Americans spent nearly thirty-four billion dollars in out-of-pocket costs in a twelve-month period for complementary and alternative medicine;

(b) It is estimated that more than one million five hundred thousand Coloradans currently receive a substantial volume of health-care services from complementary and alternative health-care practitioners;

(c) Those studies further indicate that individuals who use complementary and alternative health-care services represent a wide variety of age, ethnic, socioeconomic, and other demographic categories;

(d) Although complementary and alternative health-care practitioners are not regulated by the state and are not required to obtain a state-issued license, certification, or registration, the provision of alternative health-care services in some circumstances may be interpreted as the provision of a health-care service that only a professional who is licensed or otherwise regulated by the state may perform, thereby subjecting complementary and alternative health-care practitioners to potential fines, penalties, and restrictions of their practices even though their practices do not pose an imminent and discernable risk of significant harm to public health and safety;

(e) Because the state recognizes and values the freedom of consumers to choose their health-care providers, including the ability to choose a person who is not regulated by the state, the intent of this section is to protect consumer choice and, in consideration of the public's health and safety, to remove technical barriers to access to unregulated health-care practitioners and include appropriate consumer protections and disclosures as required in this section; and

(f) Nothing in this section:

(I) Requires a person engaged in complementary and alternative health care to obtain a license, certification, or registration from the state as long as the person practices within the parameters of this section;

(II) Limits the public's right to access complementary and alternative health-care practitioners or the right of an unregulated complementary and alternative health-care practitioner to practice.

(3) As used in this section, unless the context otherwise requires:

(a) "Complementary and alternative health-care practitioner" means a person who provides complementary and alternative health-care services in accordance with this section and who is not licensed, certified, or registered by the state as a health-care professional.

(b) (I) "Complementary and alternative health-care services" means advice and services:

(A) Within the broad domain of health-care and healing arts therapies and methods that are based on complementary and alternative theories of health and wellness, including those that are traditional, cultural, religious, or integrative; and

(B) That are not prohibited by subsection (6) of this section.

(II) "Complementary and alternative health-care services" include:

(A) Healing practices using food; food extracts; dietary supplements, as defined in the federal "Dietary Supplement Health and Education Act of 1994", Pub.L. 103-417; nutrients; homeopathic remedies and preparations; and the physical forces of heat, cold, water, touch, sound, and light;

(B) Stress reduction healing practices; and

(C) Mind-body and energetic healing practices.

(c) "Health-care professional" means a person engaged in a health-care profession for which the state requires the person to obtain a license, certification, or registration under title 12, C.R.S., in order to engage in the health-care profession.

(4) This section applies to any person who is not licensed, certified, or registered by the state as a health-care professional and who is practicing complementary and alternative health-care services.

(5) (a) A person who is not licensed, certified, or registered by the state as a health-care professional and who is practicing complementary and alternative health-care services consistent with this section does not violate any statute relating to a health-care profession or professional practice act unless the person:

(I) Engages in an activity prohibited in subsection (6) of this section; or

(II) Fails to fulfill the disclosure duties specified in subsection (7) of this section.

(b) A complementary and alternative health-care practitioner who engages in an activity prohibited by subsection (6) of this section is subject to the enforcement provisions, civil penalties, and damages specified in part 1 of this article, is no longer exempt from laws regulating the practice of health-care professionals under title 12, C.R.S., and may be subject to penalties for unauthorized practice of a state-regulated health-care profession.

(c) A person who fails to comply with subsection (7) of this section is subject to the enforcement provisions, civil penalties, and damages specified in part 1 of this article.

(6) A complementary and alternative health-care practitioner providing complementary and alternative health-care services under this section who is not licensed, certified, or registered by the state shall not:

(a) Perform surgery or any invasive procedure, including a procedure that requires entry into the body through skin, puncture, mucosa, incision, or other intrusive method, except as permitted under paragraph (g) of this subsection (6);

(b) Administer or prescribe X ray radiation to another person;

(c) Prescribe, administer, inject, dispense, suggest, or recommend a prescription or legend drug or a controlled substance or device identified in the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended;

(d) Use general or spinal anesthetics, other than topical anesthetics;

(e) Administer ionizing radioactive substances for therapeutic purposes;

(f) Use a laser device that punctures the skin, incises the body, or is otherwise used as an invasive instrument. If a complementary and alternative health-care practitioner uses a laser device as a noninvasive instrument, the laser device must be cleared by the federal food and drug administration for over-the-counter use.

(g) Perform enemas or colonic irrigation unless the complementary and alternative health-care practitioner:

(I) Maintains board certification through the international association of colon hydrotherapy or the national board for colon hydrotherapy or their successor entities;

(II) Discloses that he or she is not a physician licensed pursuant to article 240 of title 12; and

(III) Recommends that the client have a relationship with a licensed physician;

(h) Practice midwifery;

(i) Practice psychotherapy, as defined in section 12-245-202 (14);

(j) Perform spinal adjustment, manipulation, or mobilization;

(k) Provide optometric procedures or interventions that constitute the practice of optometry, as defined in article 275 of title 12;

(l) Directly administer medical protocols to a pregnant woman or to a client who has cancer;

(m) Treat a child who is under two years of age;

(n) Treat a child who is two years of age or older but less than eight years of age unless the complementary and alternative health-care practitioner:

(I) Obtains the written, signed consent of the child's parent or legal guardian;

(II) Discloses that he or she is not a physician licensed pursuant to article 240 of title 12;

(III) Recommends that the child have a relationship with a licensed pediatric health-care provider; and

(IV) Requests permission from the parent or legal guardian for the complementary and alternative health-care practitioner to attempt to develop and maintain a collaborative relationship with the child's licensed pediatric health-care provider, if the child has a relationship with a licensed pediatric health-care provider;

(o) Provide dental procedures or interventions that constitute the practice of dentistry, as defined in article 220 of title 12;

(p) Set fractures;

(q) Practice or represent that he or she is practicing massage or massage therapy as defined in article 235 of title 12;

(r) Provide a conventional medical disease diagnosis to a client;

(s) Recommend the discontinuation of a course of care, including a prescription drug, that was recommended or prescribed by a health-care professional; or

(t) Hold oneself out as, state, indicate, advertise, or imply to a client or prospective client that he or she is a physician, surgeon, or both, or that he or she is a health-care professional who is licensed, certified, or registered by the state.

(7) (a) Any person providing complementary and alternative health-care services in this state who is not licensed, certified, or registered by the state as a health-care professional is not regulated by a professional board or the division of professions and occupations in the department of regulatory agencies pursuant to title 12, C.R.S., and is advertising or charging a fee for health-care services shall provide to each client during the initial client contact the following information in a plainly worded written statement:

(I) The complementary and alternative health-care practitioner's name, business address, telephone number, and any other contact information for the practitioner;

(II) The fact that the complementary and alternative health-care practitioner is not licensed, certified, or registered by the state as a health-care professional;

(III) The nature of the complementary and alternative health-care services to be provided;

(IV) A listing of any degrees, training, experience, credentials, or other qualifications the person holds regarding the complementary and alternative health-care services he or she provides;

(V) A statement that the client should discuss any recommendations made by the complementary and alternative health-care practitioner with the client's primary care physician, obstetrician, gynecologist, oncologist, cardiologist, pediatrician, or other board-certified physician; and

(VI) A statement indicating whether or not the complementary and alternative health-care practitioner is covered by liability insurance applicable to any injury caused by an act or omission of the complementary and alternative health-care practitioner in providing complementary and alternative health-care services pursuant to this section.

(b) Before a complementary and alternative health-care practitioner provides complementary and alternative health-care services for the first time to a client, the complementary and alternative health-care practitioner shall obtain a written, signed acknowledgment from the client stating that the client has received the information described in paragraph (a) of this subsection (7). The complementary and alternative health-care practitioner shall give a copy of the acknowledgment to the client and shall retain the original or a copy of the acknowledgment for at least two years after the last date of service.

(c) A complementary and alternative health-care practitioner shall not represent in any advertisement for complementary and alternative health-care services that the complementary and alternative health-care practitioner is licensed, certified, or registered by the state as a health-care professional.

(8) The following persons shall not provide complementary and alternative health-care services pursuant to this section:

(a) A health-care professional whose state-issued license, certification, or registration has been revoked or suspended by the state and has not been reinstated;

(b) A person who has been convicted of a felony for a crime against a person or a felony related to health care and who has not satisfied the terms of the sentence imposed for the crime. As used in this paragraph (b), "convicted" includes entering a plea of guilty or nolo contendere or the imposition of a deferred sentence.

(c) A person who has been deemed mentally incompetent by a court of law.

(9) (a) A complementary and alternative health-care practitioner who renders complementary and alternative health-care services consistent with this section is not engaging in the practice of medicine, as defined in article 240 of title 12, and is not violating the "Colorado Medical Practice Act", article 240 of title 12, as long as the complementary and alternative health-care practitioner does not engage in an act prohibited in subsection (6) of this section.

(b) Nothing otherwise authorizes a complementary and alternative health-care practitioner practicing within the scope of practice in this section to engage in the practice of medicine.

(10) This section does not apply to or prohibit:

(a) Any licensed, certified, or registered health-care professional from practicing his or her regulated profession;

(b) The practice of health-care services that are exempt from state regulation or the provision of health-care services by a person who is exempt from state regulation; or

(c) A person from selling dietary supplements as stipulated under the federal "Dietary Supplement Health and Education Act of 1994", Pub.L. 103-417, or other natural health-care products or advising, educating, or counseling about the structure and function of the human body and the use of natural health-care products to support health and wellness.

(11) This section does not limit the right of any person to seek relief under this article or any other available civil or common law remedy for damages resulting from the negligence of a person providing complementary and alternative health-care services.

(12) Nothing in this section relieves a licensed, certified, or registered health-care professional from liability arising from any injury caused by the health-care professional in the course of providing complementary or alternative health-care services.

(13) Nothing in this section prevents a consumer from obtaining nutritional information from a nutritionist employed by or under contract with a health food store or wellness center or the nutritionist from providing nutritional information to the consumer.

(14) A violation of this section constitutes a deceptive trade practice under this article.
C.R.S. § 6-1-702 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-702
6-1-702. Unsolicited facsimiles - deceptive trade practice - definitions
Status: in_force

6-1-702. Unsolicited facsimiles - deceptive trade practice - definitions. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

(a) Uses a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine;

(b) Uses a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission:

(I) The date and time the facsimile is sent;

(II) An identification of the person sending the facsimile; and

(III) The telephone number of the sending machine of the person; or

(c) Violates 47 U.S.C. sec. 227 or any rule promulgated thereunder.

(2) For the purposes of this section, unless the context otherwise requires:

(a) "Telephone facsimile machine" means equipment that has the capacity to:

(I) Transcribe text or images from paper into an electronic signal and to transmit that signal over a regular telephone line; or

(II) Transcribe text or images from an electronic signal received over a regular telephone line onto paper.

(b) "Unsolicited advertisement" means material that advertises the commercial availability or quality of any property, good, or service and that is transmitted to a person without that person's prior express invitation or permission.

(3) (a) The provisions of this section shall not apply to:

(I) A person who has an existing business relationship with the person receiving a facsimile; or

(II) A nonprofit organization operating pursuant to 26 U.S.C. sec. 501 (c) of the federal "Internal Revenue Code of 1986", as amended, that sends a facsimile to a nonmember recipient, if the nonprofit organization has received, by facsimile or other means, such nonmember recipient's prior express written invitation or permission to deliver facsimiles that includes the recipient's signature and facsimile number.

(b) For the purposes of this subsection (3), "existing business relationship" means a relationship formed by a voluntary two-way communication between a person or entity and a residential or business subscriber, with or without an exchange of consideration on the basis of an inquiry, application, purchase, membership, or transaction by the residential or business subscriber regarding products or services offered by such person or entity.
C.R.S. § 6-10-124 — CO Code / Title 6 / Article 10 / Section 6-10-124
6-10-124. Debts not due - interest
Status: in_force

6-10-124. Debts not due - interest. Debts not due may be claimed, but if the same are not bearing interest, a suitable rebate shall be made. Interest shall be computed to the date of the assignment and not afterwards.
C.R.S. § 6-1-1001 — CO Code / Title 6 / Article 1 / Part 10 / Section 6-1-1001
6-1-1001. Restrictions on use of loan information for solicitations - definition
Status: in_force

6-1-1001. Restrictions on use of loan information for solicitations - definition. (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 conspicuously states in bold-faced type on the front page of the correspondence containing the solicitation:

(a) The name, address, and telephone number of the person making the solicitation;

(b) That the person making the solicitation is not affiliated with the lender;

(c) That the solicitation is not authorized or sponsored by the lender; and

(d) That the loan information referenced was not provided by the lender.

(2) A person shall not reference a loan number, loan amount, or other specific loan information that is not publicly available in a solicitation for the purchase of services or products; except that this prohibition shall not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.

(3) (a) A person shall not reference a loan number, loan amount, or other specific loan information that is publicly available in a solicitation for the purchase of services or products unless the communication clearly and conspicuously states in bold-faced type on the front page of the correspondence containing the solicitation:

(I) The name, address, and telephone number of the person making the solicitation;

(II) That the person making the solicitation is not affiliated with the lender;

(III) That the solicitation is not authorized or sponsored by the lender; and

(IV) That the loan information referenced was not provided by the lender.

(b) The prohibition in paragraph (a) of this subsection (3) shall not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.

(4) Any reference to an existing lender without the consent of the lender, and any reference to a loan number, loan amount, or other specific loan information, appearing on the outside of an envelope, visible through the envelope window, or on a postcard, in connection with any written communication that includes or contains a solicitation for goods or services is prohibited.

(5) It is not a violation of this section for a person to use the trade name of another lender in an advertisement for services or products to compare the services or products offered by the other lender.

(6) A lender or owner of a trade name or trademark may seek an injunction against a person who violates this section to stop the unlawful use of the trade name, trademark, or loan information. The person seeking the injunction shall not have to prove actual damage as a result of the violation. Irreparable harm and interim harm to the lender or owner shall be presumed. The lender or owner seeking the injunction may seek to recover actual damages and any profits the defendant has accrued as a result of the violation. The prevailing party in any action brought pursuant to this section is entitled to recover costs associated with the action and reasonable attorney fees from the other party.

(7) For the purposes of this section, "lender" means a bank, savings and loan association, savings bank, credit union, finance company, mortgage bank, mortgage broker, loan originator or holder of the loan, or other person who makes loans in this state, and any affiliate thereof, or any third party operating with the consent of the lender. For the purposes of this section, a person is not a lender based on the person's former employment with a lender.

(8) Nothing in this section shall apply to title insurance.
C.R.S. § 6-10-148 — CO Code / Title 6 / Article 10 / Section 6-10-148
6-10-148. Appeal - bond
Status: repealed

6-10-148. Appeal - bond. (Repealed)
C.R.S. § 6-1-1111 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1111
6-1-1111. Written contract required
Status: in_force

6-1-1111. Written contract required. 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 residence in foreclosure.
C.R.S. § 6-1-1115 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1115
6-1-1115. Options through reconveyances
Status: in_force

6-1-1115. Options through reconveyances. (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 only where all of the following conditions have been met:

(a) The reconveyance contract complies in all respects with section 6-1-1112;

(b) The reconveyance contract provides the home owner with a nonwaivable thirty-day right to cure any default of said reconveyance contract and specifies that the home owner may exercise this right to cure on at least three separate occasions during such reconveyance contract;

(c) The equity purchaser fully assumes or discharges the lien in foreclosure as well as any prior liens that will not be extinguished by such foreclosure, which assumption or discharge shall be accomplished without violation of the terms and conditions of the liens being assumed or discharged;

(d) The equity purchaser verifies and can demonstrate that the home owner has or will have a reasonable ability to make the lease payments and to repurchase the residence in foreclosure within the term of the option to repurchase under the reconveyance contract. For purposes of this section, there is a rebuttable presumption that the home owner has a reasonable ability to make lease payments and to repurchase the residence in foreclosure if the home owner's payments for primary housing expenses and regular principal and interest payments on other personal debt do not exceed sixty percent of the home owner's monthly gross income; and

(e) The price the home owner must pay to exercise the option to repurchase the residence in foreclosure is not unconscionable. Without limitation on available claims under section 6-1-1119, a repurchase price exceeding twenty-five percent of the price at which the equity purchaser acquired the residence in foreclosure creates a rebuttable presumption that the reconveyance contract is unconscionable. The acquisition price paid by the equity purchaser may include any actual costs incurred by the equity purchaser in acquiring the residence in foreclosure.
C.R.S. § 6-1-407 — CO Code / Title 6 / Article 1 / Part 4 / Section 6-1-407
6-1-407. Resale of a returned wheelchair - disclosure required
Status: in_force

6-1-407. Resale of a returned wheelchair - disclosure required. A wheelchair returned pursuant to this part 4 by a consumer in this state, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure is made to the prospective consumer of the reasons for the return.
C.R.S. § 6-1-109 — CO Code / Title 6 / Article 1 / Part 1 / Section 6-1-109
6-1-109. Remedies
Status: in_force

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 shall state that there are reasonable grounds to believe that the order applied for is necessary to investigate a deceptive trade practice as defined in this article 1. If the court is satisfied that reasonable grounds exist, the court in its order may:

(a) Grant injunctive relief restraining the sale or advertisement of any property by such person;

(b) Require the attendance of or the production of documents by such person, or both;

(c) Grant such other or further relief as may be necessary to obtain compliance by such person.
C.R.S. § 6-1-116 — CO Code / Title 6 / Article 1 / Part 1 / Section 6-1-116
6-1-116. Investigation of unfair business practices by regulated persons - district attor
Status: in_force

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 competition, a thriving small business sector, and consumers' rights to make informed economic decisions;

(b) District attorneys and the attorney general are tasked with, and have the expertise needed for, enforcing consumer protection laws in the state;

(c) A licensing authority might have information relevant to a complaint alleging that a person that the licensing authority regulates has committed unfair or deceptive trade practices; and

(d) Therefore, it best serves the consumer protection interests of the state to allow a licensing authority to share with a district attorney or the attorney general information regarding a regulated person, which information may be relevant to a consumer protection investigation of the regulated person.

(2) (a) Upon receiving a complaint alleging a violation of the consumer protection laws set forth in this article 1, a district attorney may request records from a licensing authority regarding a person that is the subject of the complaint if the complaint alleges that:

(I) The complainant suffered damages in an amount of at least twenty thousand dollars and the district attorney determines the amount of damages alleged appears to be a reasonable amount in relation to the alleged conduct forming the basis of the complaint; or

(II) Two or more persons regulated by the licensing authority jointly engaged in conduct that forms the basis of the complaint.

(b) Notwithstanding any other provision of law that may prohibit a licensing authority from complying with this subsection (2), to facilitate the district attorney's investigation into and enforcement of the complaint, a licensing authority shall provide the district attorney with copies of, or access to inspect, the records requested if the licensing authority has already determined it will not take action against the regulated person or persons.

(c) This subsection (2) does not apply to a person regulated by a board or commission.

(3) In addition to the costs and attorney fees that the regulated person or persons complained of are entitled to recover from the complainant pursuant to section 6-1-113 (3), if a court determines that the complaint is frivolous, groundless, and was filed in bad faith, or if the regulated person or persons prevail or substantially prevail in the matter, the court's order may also require the complainant to pay the regulated person's or persons' costs incurred, actual damages sustained, and reasonable attorney fees incurred in relation to:

(a) The district attorney's or attorney general's investigation of the matter; and

(b) The licensing authority's investigation of a complaint against the regulated person or persons if the court determines that the two complaints were filed by the same complainant and in regard to the same matter.

(4) Subject to approval by the head of an executive department, a state licensing authority within the department may enter into an interagency agreement with the attorney general or the attorney general's designee for the referral of any complaint that appears to allege a violation of this article 1 or article 2 or 4 of this title 6. The interagency agreement may provide for referrals of complaints, information sharing, confidentiality requirements, and other terms that facilitate the investigation and enforcement of complaints alleging violations of consumer protection or unfair trade laws.

(5) Any copies of records that a licensing authority sends to a district attorney, the attorney general, or the attorney general's designee pursuant to this section are records of the investigation of a prosecuting attorney pursuant to section 24-72-204 (2)(a)(I) and are not subject to the right of inspection under the "Colorado Open Records Act", part 2 of article 72 of title 24.

(6) As used in this section, unless the context otherwise requires:

(a) "District attorney" includes the district attorney and the chief deputy district attorneys, special deputy district attorneys, deputy district attorneys, and assistant district attorneys that the district attorney appoints pursuant to part 2 of article 1 of title 20.

(b) "Licensing authority" means a state licensing authority or a local licensing authority.

(c) "Local licensing authority" means the governing body of a statutory or home rule municipality, county, or city and county that is authorized to issue or approve a local license to a regulated person or for an activity.

(d) (I) "State licensing authority" means a department or division of the state that is authorized to issue to or approve a state license for a regulated person, which state license only authorizes the licensee to perform activities at specific premises.

(II) "State licensing authority" does not include any board or commission.
C.R.S. § 6-24-108 — CO Code / Title 6 / Article 24 / Section 6-24-108
6-24-108. Delivery of copy of contract - required
Status: in_force

6-24-108. Delivery of copy of contract - required. A duplicate original of any contract entered into between a purchaser of any lot, grave space, interment right, niche, or crypt and any cemetery authority shall be given to the buyer at the time both parties become bound by the contract and any consideration whatsoever is given by the buyer and retained pursuant to the contract by the cemetery authority.
C.R.S. § 6-6-102 — CO Code / Title 6 / Article 6 / Section 6-6-102
6-6-102. Obligation of recipient
Status: in_force

6-6-102. Obligation of recipient. (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 shall be deemed a gift to the recipient, who may use them or dispose of them in any manner he sees fit without any obligation to the sender.
C.R.S. § 6-25-105 — CO Code / Title 6 / Article 25 / Part 1 / Section 6-25-105
6-25-105. Jurisdiction - repeal
Status: repealed

6-25-105. Jurisdiction - repeal. (Repealed)
C.R.S. § 6-27-206 — CO Code / Title 6 / Article 27 / Part 2 / Section 6-27-206
6-27-206. Enforcement
Status: in_force

6-27-206. Enforcement. (1) Not fewer than forty-five days before bringing an action under subsection (3) of this section, the attorney general must notify in writing the person alleged to be in violation of this part 2. A court shall dismiss, without prejudice, an action until the attorney general has complied with this subsection (1). The notice must contain:

(a) Each specific provision of this part 2 that is alleged to have been violated; and

(b) The acts or omissions that are alleged to have violated each provision described in subsection (1)(a) of this section.

(2) The attorney general shall not bring an action under this section if the person that receives the notice described in subsection (1) of this section:

(a) Cures the described violation within thirty days after receiving the notice;

(b) Provides the attorney general a written statement, made under penalty of perjury, that the person has:

(I) Cured the violation; and

(II) Made any necessary changes to the person's internal policies to prevent future violations of this section; and

(c) Provides any necessary supporting documentation that shows how the violation was cured.

(3) A person that violates this part 2 and does not cure the violation in accordance with subsections (2)(a) to (2)(c) of this section is subject to the following and the attorney general may file an action seeking:

(a) A civil penalty of up to ten thousand dollars for each violation; or

(b) An injunction or equitable relief that prevents a further violation of this part 2.

(4) If the attorney general prevails in an action brought pursuant to this part 2, a court may issue an order requiring the violator to pay reasonable attorney fees and costs incurred in bringing the action.
C.R.S. § 6-16-108 — CO Code / Title 6 / Article 16 / Section 6-16-108
6-16-108. Publications
Status: repealed

6-16-108. Publications. (Repealed)
C.R.S. § 6-19-301 — CO Code / Title 6 / Article 19 / Part 3 / Section 6-19-301
6-19-301. Scope of part 3
Status: in_force

6-19-301. Scope of part 3. This part 3 applies to covered transactions where the parties involved in the transaction are all for-profit entities.
C.R.S. § 6-10-133 — CO Code / Title 6 / Article 10 / Section 6-10-133
6-10-133. Effect of general assignment
Status: repealed

6-10-133. Effect of general assignment. (Repealed)
C.R.S. § 6-1-1302 — CO Code / Title 6 / Article 1 / Part 13 / Section 6-1-1302
6-1-1302. Legislative declaration
Status: in_force

6-1-1302. Legislative declaration. (1) The general assembly hereby:

(a) Finds that:

(I) The people of Colorado regard their privacy as a fundamental right and an essential element of their individual freedom;

(II) Colorado's constitution explicitly provides the right to privacy under section 7 of article II, and fundamental privacy rights have long been, and continue to be, integral to protecting Coloradans and to safeguarding our democratic republic;

(III) [Editor's note: This version of subsection (1)(a)(III) is effective until October 1, 2025.] Ongoing advances in technology have produced exponential growth in the volume and variety of personal data being generated, collected, stored, and analyzed, and these advances present both promise and potential peril;

(III) [Editor's note: This version of subsection (1)(a)(III) is effective October 1, 2025.] Ongoing advances in technology have produced exponential growth in the volume and variety of personal data from individuals, including minors, being generated, collected, stored, and analyzed, and these advances present both promise and potential peril;

(IV) The ability to harness and use data in positive ways is driving innovation and brings beneficial technologies to society, but it has also created risks to privacy and freedom; and

(V) [Editor's note: This version of subsection (1)(a)(V) is effective until October 1, 2025.] The unauthorized disclosure of personal information and loss of privacy can have devastating impacts ranging from financial fraud, identity theft, and unnecessary costs in personal time and finances to destruction of property, harassment, reputational damage, emotional distress, and physical harm;

(V) [Editor's note: This version of subsection (1)(a)(V) is effective October 1, 2025.] The unauthorized disclosure of personal information, including a minor's personal information, and loss of privacy can have devastating impacts ranging from financial fraud, identity theft, and unnecessary costs in personal time and finances to destruction of property, harassment, reputational damage, emotional distress, and physical harm;

(b) Determines that:

(I) Technological innovation and new uses of data can help solve societal problems and improve lives, and it is possible to build a world where technological innovation and privacy can coexist; and

(II) [Editor's note: This version of subsection (1)(b)(II) is effective until October 1, 2025.] States across the United States are looking to this part 13 and similar models to enact state-based data privacy requirements and to exercise the leadership that is lacking at the national level; and

(II) [Editor's note: This version of subsection (1)(b)(II) is effective October 1, 2025.] States across the United States are looking to this part 13 and similar models to enact state-based data privacy requirements, including data privacy requirements specifically targeted at minors' data, and to exercise the leadership that is lacking at the national level; and

(c) Declares that:

(I) [Editor's note: This version of subsection (1)(c)(I) is effective until October 1, 2025.] By enacting this part 13, Colorado will be among the states that empower consumers to protect their privacy and require companies to be responsible custodians of data as they continue to innovate;

(I) [Editor's note: This version of subsection (1)(c)(I) is effective October 1, 2025.] By enacting this part 13, Colorado will be among the states that empower consumers, including minors, to protect their privacy and require companies to be responsible custodians of data as they continue to innovate;

(II) This part 13 addresses issues of statewide concern and:

(A) Provides consumers the right to access, correct, and delete personal data and the right to opt out not only of the sale of personal data but also of the collection and use of personal data;

(A.5) [Editor's note: Subsection (1)(c)(II)(A.5) is effective October 1, 2025.] Provides minors the right to control their personal data;

(B) Imposes an affirmative obligation upon companies to safeguard personal data; to provide clear, understandable, and transparent information to consumers about how their personal data are used; and to strengthen compliance and accountability by requiring data protection assessments in the collection and use of personal data; and

(C) Empowers the attorney general and district attorneys to access and evaluate a company's data protection assessments, to impose penalties where violations occur, and to prevent future violations.
C.R.S. § 6-1-410 — CO Code / Title 6 / Article 1 / Part 4 / Section 6-1-410
6-1-410. Arbitration
Status: in_force

6-1-410. Arbitration. Disputes among manufacturers, dealers, and lessors concerning the enforcement of rights or remedies of consumers under this part 4 shall be subject to arbitration pursuant to the Colorado rules of civil procedure. The award of the arbitration panel shall be binding upon the parties and shall only be subject to court review by trial de novo.
C.R.S. § 6-1-1204 — CO Code / Title 6 / Article 1 / Part 12 / Section 6-1-1204
6-1-1204. Notification of implications of lien
Status: in_force

6-1-1204. Notification of implications of lien. 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 sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
C.R.S. § 6-18-301.5 — CO Code / Title 6 / Article 18 / Part 3 / Section 6-18-301.5
6-18-301.5. Definitions
Status: in_force

6-18-301.5. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Licensed provider network" or "licensed individual provider" means a provider network or individual provider that is authorized to transact insurance business pursuant to title 10, C.R.S.

(2) "Provider" means a state-licensed, state-certified, or state-authorized facility or a practitioner delivering health-care services to individuals.

(3) "Provider network" means a group of health-care providers formed to provide health-care services to individuals.
C.R.S. § 6-1-105 — CO Code / Title 6 / Article 1 / Part 1 / Section 6-1-105
6-1-105. Unfair or deceptive trade practices - definitions
Status: repealed

6-1-105. Unfair or deceptive trade practices - definitions. (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 representation as to the source, sponsorship, approval, or certification of goods, services, or property;

(c) Either knowingly or recklessly makes a false representation as to affiliation, connection, or association with or certification by another;

(d) Uses deceptive representations or designations of geographic origin in connection with goods or services;

(e) Either knowingly or recklessly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property or a false representation as to the sponsorship, approval, status, affiliation, or connection of a person therewith;

(f) Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(g) Represents that goods, food, services, or property are of a particular standard, quality, or grade, or that goods are of a particular style or model, if he knows or should know that they are of another;

(h) Disparages the goods, services, property, or business of another by false or misleading representation of fact;

(i) Advertises goods, services, or property with intent not to sell them as advertised;

(j) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(k) Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant;

(l) Makes false or misleading statements of fact concerning the price of goods, services, or property or the reasons for, existence of, or amounts of price reductions;

(m) Fails to deliver to the customer at the time of an installment sale of goods or services a written order, contract, or receipt setting forth the name and address of the seller, the name and address of the organization which he represents, and all of the terms and conditions of the sale, including a description of the goods or services, stated in readable, clear, and unambiguous language;

(n) Employs "bait and switch" advertising, which is advertising accompanied by an effort to sell goods, services, or property other than those advertised or on terms other than those advertised and which is also accompanied by one or more of the following practices:

(I) Refusal to show the goods or property advertised or to offer the services advertised;

(II) Disparagement in any respect of the advertised goods, property, or services or the terms of sale;

(III) Requiring tie-in sales or other undisclosed conditions to be met prior to selling the advertised goods, property, or services;

(IV) Refusal to take orders for the goods, property, or services advertised for delivery within a reasonable time;

(V) Showing or demonstrating defective goods, property, or services which are unusable or impractical for the purposes set forth in the advertisement;

(VI) Accepting a deposit for the goods, property, or services and subsequently switching the purchase order to higher-priced goods, property, or services; or

(VII) Failure to make deliveries of the goods, property, or services within a reasonable time or to make a refund therefor;

(o) Either knowingly or recklessly fails to identify flood-damaged or water-damaged goods as to such damages;

(p) Solicits door-to-door as a seller, unless the seller, within thirty seconds after beginning the conversation, identifies himself or herself, whom he or she represents, and the purpose of the call;

(p.3) to (p.7) Repealed.

(q) Contrives, prepares, sets up, operates, publicizes by means of advertisements, or promotes any pyramid promotional scheme;

(r) Advertises or otherwise represents that goods or services are guaranteed without clearly and conspicuously disclosing the nature and extent of the guarantee, any material conditions or limitations in the guarantee which are imposed by the guarantor, the manner in which the guarantor will perform, and the identity of such guarantor. Any representation that goods or services are "guaranteed for life" or have a "lifetime guarantee" shall contain, in addition to the other requirements of this paragraph (r), a conspicuous disclosure of the meaning of "life" or "lifetime" as used in such representation (whether that of the purchaser, the goods or services, or otherwise). Guarantees shall not be used which under normal conditions could not be practically fulfilled or which are for such a period of time or are otherwise of such a nature as to have the capacity and tendency of misleading purchasers or prospective purchasers into believing that the goods or services so guaranteed have a greater degree of serviceability, durability, or performance capability in actual use than is true in fact. The provisions of this paragraph (r) apply not only to guarantees but also to warranties, to disclaimer of warranties, to purported guarantees and warranties, and to any promise or representation in the nature of a guarantee or warranty; however, such provisions do not apply to any reference to a guarantee in a slogan or advertisement so long as there is no guarantee or warranty of specific merchandise or other property.

(s) and (t) Repealed.

(u) Fails to disclose material information concerning goods, services, or property which information was known at the time of an advertisement or sale if such failure to disclose such information was intended to induce the consumer to enter into a transaction;

(v) Disburses funds in connection with a real estate transaction in violation of section 38-35-125 (2), C.R.S.;

(w) Repealed.

(x) Violates sections 6-1-203 to 6-1-206 or part 7 of this article 1;

(y) Fails, in connection with any solicitation, oral or written, to clearly and prominently disclose immediately adjacent to or after the description of any item or prize to be received by any person the actual retail value of each item or prize to be awarded. For the purposes of this paragraph (y), the actual retail value is the price at which substantial sales of the item were made in the person's trade area or in the trade area in which the item or prize is to be received within the last ninety days or, if no substantial sales were made, the actual cost of the item or prize to the person on whose behalf any contest or promotion is conducted; except that, whenever the actual cost of the item to the provider is less than fifteen dollars per item, a disclosure that "actual cost to the provider is less than fifteen dollars" may be made in lieu of disclosure of actual cost. The provisions of this paragraph (y) shall not apply to a promotion which is soliciting the sale of a newspaper, magazine, or periodical of general circulation, or to a promotion soliciting the sale of books, records, audio tapes, compact discs, or videos when the promoter allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund within thirty days after the receipt of the returned merchandise or when a membership club operation is in conformity with rules and regulations of the federal trade commission contained in 16 CFR 425.

(z) Refuses or fails to obtain all governmental licenses or permits required to perform the services or to sell the goods, food, services, or property as agreed to or contracted for with a consumer;

(aa) Fails, in connection with the issuing, making, providing, selling, or offering to sell of a motor vehicle service contract, to comply with the provisions of article 11 of title 42, C.R.S.;

(bb) Repealed.

(cc) Engages in any commercial telephone solicitation which constitutes an unlawful telemarketing practice as described in section 6-1-304;

(dd) Repealed.

(ee) Intentionally violates any provision of article 10 of title 5, C.R.S.;

(ee.5) to (ff) Repealed.

(gg) Fails to disclose or misrepresents to another person, a secured creditor, or an assignee by whom such person is retained to repossess personal property whether such person is bonded in accordance with section 4-9-629, C.R.S., or fails to file such bond with the attorney general;

(hh) Violates any provision of article 16 of this title;

(ii) Repealed.

(jj) Represents to any person that such person has won or is eligible to win any award, prize, or thing of value as the result of a contest, promotion, sweepstakes, or drawing, or that such person will receive or is eligible to receive free goods, services, or property, unless, at the time of the representation, the person has the present ability to supply such award, prize, or thing of value;

(kk) Violates any provision of article 6 of this title;

(ll) Either knowingly or recklessly makes a false representation as to the results of a radon test or the need for radon mitigation;

(mm) Violates section 35-27-113 (3)(e), (3)(f), or (3)(i), C.R.S.;

(nn) Repealed.

(oo) Fails to comply with the provisions of section 35-80-108 (1)(a), (1)(b), or (2)(f), C.R.S.;

(pp) Violates article 9 of title 42, C.R.S.;

(qq) Repealed.

(rr) Violates the provisions of part 8 of this article;

(ss) Violates any provision of part 33 of article 32 of title 24 that applies to the installation of manufactured homes or tiny homes;

(tt) Violates any provision of part 9 of this article;

(uu) Violates section 38-40-105, C.R.S.;

(vv) Violates section 24-21-523 (1)(f) or (1)(i) or 24-21-525 (3), (4), or (5);

(ww) Violates any provision of section 6-1-702;

(xx) Violates any provision of part 11 of this article;

(yy) Repealed.

(zz) Violates any provision of section 6-1-717;

(aaa) Violates any provision of section 12-10-710;

(bbb) Violates any provision of section 12-10-713;

(ccc) Violates the provisions of section 6-1-722;

(ddd) Violates section 6-1-724;

(eee) Violates section 6-1-701;

(fff) Violates section 6-1-723;

(ggg) Violates section 6-1-725;

(hhh) Either knowingly or recklessly represents that hemp, hemp oil, or any derivative of a hemp plant constitutes retail marijuana or medical marijuana unless it fully satisfies the definition of such products pursuant to section 44-10-103 (34) or (57);

(iii) Either knowingly or recklessly enters into, or attempts to enforce, an agreement regarding the recovery of an overbid on foreclosed property if the agreement concerns the recovery of funds in the possession of:

(I) A public trustee prior to transfer of the funds to the state treasurer under section 38-38-111; or

(II) The state treasurer and does not meet the requirements for such an agreement as specified in section 38-13-1304;

(jjj) Violates section 6-1-726;

(kkk) Repealed.

(lll) Violates article 20 of title 5;

(mmm) Violates section 12-30-112;

(nnn) Violates any provision of part 13 of this article 1 as specified in section 6-1-1311 (1)(c);

(ooo) Violates part 14 of this article 1;

(ppp) Violates section 7-90-314 (1);

(qqq) Violates part 15 of this article 1;

(rrr) Either knowingly or recklessly engages in any unfair, unconscionable, deceptive, deliberately misleading, false, or fraudulent act or practice;

(sss) Violates this section as it applies to hemp, industrial hemp, industrial hemp products, intoxicating hemp, adult use cannabis products, the plant cannabis sp., or anything derived from or produced from the plant cannabis sp.;

(ttt) Violates part 4 of article 10.1 of title 40;

(uuu) Violates section 12-10-403.5;

(vvv) Violates section 6-1-733;

(www) Violates section 25-18.9-104;

(xxx) Violates section 12-30-112, 12-30-113, 25-3-121, or 25-3-122;

(yyy) Violates section 25-49-106;

(zzz) Fails to comply with the requirements of section 12-280-142;

(aaaa) Charges, bills, or collects a facility fee or fails to comply with other provisions relating to facility fees in violation of section 6-20-102 (2) or (3);

(bbbb) Violates section 25.5-1-904;

(cccc) Sells or offers for sale a product or electronic smoking device that is age-restricted to a person who does not meet the age restriction;

(dddd) Fails to register a mobile home park in violation of section 38-12-1106;

(eeee) Is a towing carrier and conducts a nonconsensual tow in violation of section 40-10.1-405;

(ffff) Fails to comply with the manufacturer requirements under the insulin affordability program pursuant to section 12-280-139 or the manufacturer requirements for the emergency supply of prescription insulin pursuant to section 12-280-140;

(gggg) Violates section 6-1-731.5; or

(hhhh) Violates part 17 of this article 1.

(2) Evidence that a person has engaged in a deceptive trade practice shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

(3) The deceptive trade practices listed in this section are in addition to and do not limit the types of unfair trade practices actionable at common law or under other statutes of this state.

(4) As used in this section, unless the context otherwise requires:

(a) "Electronic smoking device" has the meaning set forth in section 25-14-203 (4.5).

(b) "Recklessly" means a reckless disregard for the truth or falsity of a statement or advertisement.
C.R.S. § 6-10-105 — CO Code / Title 6 / Article 10 / Section 6-10-105
6-10-105. Assent of creditors presumed
Status: in_force

6-10-105. Assent of creditors presumed. 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.
C.R.S. § 6-1-718 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-718
6-1-718. Ticket sales and resales - prohibitions - unlawful conditions - definitions
Status: in_force

6-1-718. Ticket sales and resales - prohibitions - unlawful conditions - definitions. (1) As used in this section and in section 6-1-720, unless the context otherwise requires:

(a) "Operator" means a person or entity who owns, operates, or controls a place of entertainment or who promotes or produces entertainment and that sells a ticket to an event for original sale, including an employee of such person or entity.

(b) "Original sale" means the first sale of a ticket by an operator.

(c) (I) "Place of entertainment" or "venue" means a public or private entertainment facility in this state, such as a stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games, or contests are held, for which an entry fee is charged, to which the public is invited to observe, and for which tickets are sold.

(II) "Place of entertainment" or "venue" does not include a ski area or a movie theater.

(d) "Purchaser" means a person or entity who purchases a ticket to a place of entertainment.

(e) "Resale" or "resold" means a sale other than the original sale of a ticket by a person or entity.

(f) "Reseller" means a person or entity that offers or sells tickets for resale after the original sale by the operator including an entity that operates a platform or exchange for the purchase and sale of tickets to events that also engages in the purchase and resale of the ticket either on behalf of the operator or on its own behalf if a reseller.

(g) "Ticket" means a license issued by the operator of a place of entertainment for admission to an event at the date and time specified on the ticket, subject to the terms and conditions as specified by the operator.

(2) An operator or a reseller from which a purchaser bought a ticket, as applicable, shall guarantee a full refund of the ticket price to the purchaser if:

(a) The event is canceled;

(b) The ticket does not or would not in fact grant the purchaser admission to the event, except if nonadmission to the event is due to an act or omission by the purchaser;

(c) The ticket purchased from the reseller or operator, as applicable, is counterfeit; or

(d) The ticket purchased from the reseller or operator, as applicable, fails to reasonably conform to its description as advertised or as represented to the purchaser.

(3) (a) It is void as against public policy to apply a term or condition to the original sale to the purchaser to limit the terms or conditions of resale, including, but not limited to, a term or condition:

(I) That restricts resale in a subscription or season ticket package agreement as a condition of purchase;

(II) That a purchaser must comply with to retain a ticket for the duration of a subscription or season ticket package agreement that limits the rights of the purchaser to resell the ticket;

(III) That a purchaser must comply with to retain any contractually agreed-upon rights to purchase future subscriptions or season ticket package agreements; or

(IV) That imposes a sanction on the purchaser if the sale of the ticket is not through a reseller approved by the operator.

(b) Nothing in this section prohibits an operator from prohibiting the resale of:

(I) A contractual right in a season ticket package agreement that gives the original purchaser a priority or other preference to enter into a subsequent season ticket package agreement with the operator; or

(II) A ticket to a place of entertainment if the ticket was initially offered:

(A) At no charge, and access to the ticket is not contingent upon providing any form of monetary consideration; or

(B) By or on behalf of a charitable organization, as defined in section 6-16-103 (1), for a charitable purpose, as defined in section 6-16-103 (2), where all proceeds from the ticket sale are provided to the charitable organization.

(4) A person, including an operator, that regulates admission to an event shall not deny access to the event to a person in possession of a valid ticket to the event, or revoke a valid ticket to the event, regardless of whether the ticket is subject to a subscription or season ticket package agreement, based solely on the ground that the ticket was resold through a reseller that was not approved by the operator.

(5) Subject to the requirements of subsection (4) of this section, nothing in this section shall be construed to prohibit an operator from maintaining and enforcing policies regarding conduct or behavior at or in connection with the operator's place of entertainment. An operator may revoke or restrict tickets:

(a) For reasons relating to a violation of venue policies that are available in writing;

(b) For the protection of the safety of patrons; or

(c) To address fraud or misconduct.
C.R.S. § 6-1-1101 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1101
6-1-1101. Short title
Status: in_force

6-1-1101. Short title. This part 11 shall be known and may be cited as the "Colorado Foreclosure Protection Act".
C.R.S. § 6-4-111 — CO Code / Title 6 / Article 4 / Section 6-4-111
6-4-111. Civil discovery request - rules
Status: in_force

6-4-111. Civil discovery request - rules. (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 attorney general may:

(a) Request the person, under oath or otherwise and on forms prescribed by the attorney general, to file a statement or report in writing, or to answer in writing, any questions propounded by the attorney general as to all facts and circumstances reasonably related to the alleged or potential violation and to provide any other data and information the attorney general reasonably deems necessary;

(b) Issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, conduct hearings in aid of an investigation or inquiry, and prescribe forms and adopt rules as may reasonably be deemed necessary to administer this section; and

(c) Make true copies, at the expense of the attorney general, of any documents examined pursuant to subsection (1)(b) of this section, which copies may be offered into evidence in lieu of the originals in any civil action brought pursuant to this article 4. The person producing the documents may require that the attorney general make copies of the documents. If the attorney general determines the use of originals is necessary, the attorney general shall pay to have copies of those documents made for use by the person producing the documents.

(2) Service of any request or subpoena must be made in the manner prescribed by law.

(3) Any written response, testimony, or documents obtained by the attorney general pursuant to this section, or any information derived directly or indirectly from such written response, testimony, or documents, is not admissible in evidence in any criminal prosecution against the person providing the written response, testimony, or documents. The provisions of this subsection (3) shall not be construed to prevent any law enforcement officer, having an independent basis to produce or obtain the facts, information, or evidence, from producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.

(4) Nothing in this section prohibits the attorney general from disclosing information obtained pursuant to this section to any other law enforcement agency, department of any governmental or public entity of this or any other state, or the federal government if such other law enforcement agency or department executes an agreement that the information will remain confidential and will not be used in any criminal prosecution against the person providing the written response, testimony, or documents.

(5) If any person fails to appear or fails to cooperate with any investigation or inquiry pursuant to a request or subpoena issued pursuant to this section, the attorney general may apply to any district court for an appropriate order to effect the purposes of this section. The application must state that there is reasonable cause to believe that the order applied for is necessary to investigate, prosecute, or terminate a violation of this article 4. If the court is satisfied that reasonable cause exists, the court may:

(a) Require the attendance of, or the production of documents by, the person, or both;

(b) Assess a civil penalty of up to five thousand dollars for the failure to appear and answer questions, written or otherwise, or the failure to produce documents, unless the court finds that the failure to appear, to answer questions, or to produce documents was substantially justified or that other circumstances make an assessment of a civil penalty unjust;

(c) Award the attorney general reasonable costs and attorney fees in making this application, unless the court finds that the failure to appear, to answer questions, or to produce documents was substantially justified or that other circumstances make an award of costs and attorney fees unjust;

(d) Enter any protective order as provided for in the Colorado rules of civil procedure; and

(e) Grant such other or further relief as may be necessary to obtain compliance by the person.

(6) (a) The attorney general may deem any investigative records or records regarding intelligence information obtained under this article 4 public records subject to public inspection pursuant to part 2 of article 72 of title 24.

(b) Nothing in this subsection (6) shall be construed to prevent or limit the attorney general's authority to issue public statements describing or warning of any course of conduct or conspiracy that violates this article 4, whether the public statements are made on a local, statewide, regional, or nationwide basis.
C.R.S. § 6-1-1314 — CO Code / Title 6 / Article 1 / Part 13 / Section 6-1-1314
6-1-1314. Biometric data and biometric identifiers - controllers - duties and requirements
Status: in_force

6-1-1314. Biometric data and biometric identifiers - controllers - duties and requirements - written policy - prohibited acts - right to correct biometric identifiers - right to access biometric identifiers - remedies and civil actions - rules - definitions. [Editor's note: This section is effective July 1, 2025.] (1) As used in this section, unless the context otherwise requires:

(a) "Collect", "collection", or "collecting" means to access, assemble, buy, rent, gather, procure, receive, capture, or otherwise obtain any biometric identifier or biometric data pertaining to a consumer by any means, online or offline, including:

(I) Actively or passively receiving a biometric identifier or biometric data from the consumer or from a third party; and

(II) Obtaining biometric data by observing the consumer's behavior.

(b) "Employee" means an individual who is employed full-time, part-time, or on-call or who is hired as a contractor, subcontractor, intern, or fellow.

(c) "Legally authorized representative" means a parent or legal guardian of a minor or a legal guardian of an adult.

(2) Written policy required. (a) A controller that controls or processes one or more biometric identifiers shall adopt a written policy that:

(I) Establishes a retention schedule for biometric identifiers and biometric data;

(II) Includes a protocol for responding to a data security incident that may compromise the security of biometric identifiers or biometric data, including a process for notifying a consumer when the security of the consumer's biometric identifier or biometric data has been breached, pursuant to section 6-1-716; and

(III) Includes guidelines that require the deletion of a biometric identifier on or before the earliest of the following dates:

(A) The date upon which the initial purpose for collecting the biometric identifier has been satisfied;

(B) Twenty-four months after the consumer last interacted with the controller; or

(C) The earliest reasonably feasible date, which date must be no more than forty-five days after a controller determines that storage of the biometric identifier is no longer necessary, adequate, or relevant to the express processing purpose identified by a review conducted by the controller at least once annually. The controller may extend the forty-five-day period described in this subsection (2)(a)(III)(C) by up to forty-five additional days if such an extension is reasonably necessary, taking into account the complexity and number of biometric identifiers required to be deleted.

(b) A controller shall make its policy adopted pursuant to subsection (2)(a) of this section available to the public; except that a controller is not required to make available to the public:

(I) A written policy that applies only to current employees of the controller;

(II) A written policy that is used solely by employees and agents of the controller for the operation of the controller; or

(III) The internal protocol for responding to a data security incident that may compromise the security of biometric identifiers or biometric data.

(3) Processors - security breach protocols. A processor of biometric identifiers or biometric data must have a protocol for responding to a data security incident that may compromise the security of biometric identifiers or biometric data, including a process for notifying the controller when the security of a consumer's biometric identifier or biometric data has been breached, pursuant to section 6-1-716.

(4) Collection and retention of biometric identifiers - requirements - prohibited acts. (a) A controller shall not collect or process a biometric identifier of a consumer unless the controller first:

(I) Satisfies all duties required by section 6-1-1308;

(II) Informs the consumer or the consumer's legally authorized representative in a clear, reasonably accessible, and understandable manner that a biometric identifier is being collected;

(III) Informs the consumer or the consumer's legally authorized representative in a clear, reasonably accessible, and understandable manner of the specific purpose for which a biometric identifier is being collected and the length of time that the controller will retain the biometric identifier; and

(IV) Informs the consumer or the consumer's legally authorized representative in a clear, reasonably accessible, and understandable manner if the biometric identifier will be disclosed, redisclosed, or otherwise disseminated to a processor and the specific purpose for which the biometric identifier is being shared with a processor.

(b) A controller that processes a consumer's biometric identifier shall not:

(I) Sell, lease, or trade the biometric identifier with any entity; or

(II) Disclose, redisclose, or otherwise disseminate the biometric identifier unless:

(A) The consumer or the consumer's legally authorized representative consents to the disclosure, redisclosure, or other dissemination;

(B) The disclosure, redisclosure, or other dissemination is requested or authorized by the consumer or the consumer's legally authorized representative for the purpose of completing a financial transaction;

(C) The disclosure, redisclosure, or other dissemination is to a processor and is necessary for the purpose for which the biometric identifier was collected and to which the consumer or the consumer's legally authorized representative consented; or

(D) The disclosure, redisclosure, or other dissemination is required by state or federal law.

(c) A controller shall not:

(I) Refuse to provide a good or service to a consumer based on the consumer's refusal to consent to the controller's collection, use, disclosure, transfer, sale, retention, or processing of a biometric identifier unless the collection, use, disclosure, transfer, sale, retention, or processing of the biometric identifier is necessary to provide the good or service;

(II) Charge a different price or rate for a good or service or provide a different level of quality of a good or service to any consumer who exercises the consumer's rights under this part 13; or

(III) Purchase a biometric identifier unless the controller pays the consumer for the collection of the consumer's biometric identifier, the purchase is unrelated to the provision of a product or service to the consumer, and the controller has obtained consent as described in subsection (4)(a) of this section.

(d) A controller or processor shall store, transmit, and protect from disclosure all biometric identifiers using the standard of care within the controller's industry and in accordance with sections 6-1-1305 (4) and 6-1-1308 (5).

(e) A controller shall obtain consent from a consumer or from the consumer's legally authorized representative before collecting the consumer's biometric data, as required by section 6-1-1308 (7).

(5) Right to access biometric data - applicability - definition. (a) Except as described in subsection (5)(b) of this section, at the request of a consumer or a consumer's legally authorized representative, a controller that collects the consumer's biometric data shall disclose to the consumer, free of charge, the category or description of the consumer's biometric data and the following information:

(I) The source from which the controller collected the biometric data;

(II) The purpose for which the controller collected or processed the biometric data and any associated personal data;

(III) The identity of any third party with which the controller disclosed or discloses the biometric data and the purposes for disclosing; and

(IV) The category or a description of the specific biometric data that the controller discloses to third parties.

(b) The requirements of subsection (5)(a) of this section apply only to:

(I) A sole proprietorship, a partnership, a limited liability company, a corporation, an association, or another legal entity that:

(A) Conducts business in Colorado or produces or delivers commercial products or services that are marketed to Colorado residents;

(B) Collects biometric data or has biometric data collected on its behalf; and

(C) Either collects or processes the personal data of one hundred thousand individuals or more during a calendar year or collects and processes the personal data of twenty-five thousand individuals or more and derives revenue from, or receives a discount on the price of goods or services from, the sale of personal data;

(II) A controller that controls or is controlled by another controller and that shares common branding with the other controller. As used in this subsection (5)(b)(II), "common branding" means a shared name, service mark, or trademark that a consumer would reasonably understand to indicate that two or more entities are commonly owned.

(III) A joint venture or partnership consisting of no more than two businesses that share consumers' personal data with each other.

(6) Use of consent by employers. (a) An employer may require as a condition of employment that an employee or a prospective employee consent to allowing the employer to collect and process the employee's or the prospective employee's biometric identifier only to:

(I) Permit access to secure physical locations and secure electronic hardware and software applications; except that an employer shall not obtain the employee's or prospective employee's consent to retain biometric data that is used for current employee location tracking or the tracking of how much time the employee spends using a hardware or software application;

(II) Record the commencement and conclusion of the employee's full work day, including meal breaks and rest breaks in excess of thirty minutes;

(III) Improve or monitor workplace safety or security or ensure the safety or security of employees; or

(IV) Improve or monitor the safety or security of the public in the event of an emergency or crisis situation.

(b) An employer and its processor may collect and process an employee's or prospective employee's biometric identifier for uses other than those described in subsection (6)(a) of this section only with the employee's or prospective employee's consent. An employer may not require that an employee or prospective employee consent to such collection or processing as a condition of employment or retaliate against an employee or prospective employee who does not consent to such collection or processing.

(c) So long as consent that is obtained for collection and processing as described in this section satisfies the definition of consent provided in section 6-1-1303 (5), consent is considered to be freely given and valid for the purposes described in subsection (6)(a) of this section.

(d) Nothing in this section restricts an employer's or its processor's ability to collect and process an employee's or prospective employee's biometric identifier for uses aligned with the reasonable expectations of:

(I) An employee based on the employee's job description or role; or

(II) A prospective employee based on a reasonable background check, an application, or identification requirements in accordance with this section.

(7) Rules. The department of law may promulgate rules for the implementation of this section, including rules promulgated in consultation with the office of information technology and the department of regulatory agencies establishing appropriate security standards for biometric identifiers and biometric data that are more stringent than the requirements described in this section.
C.R.S. § 6-10-137 — CO Code / Title 6 / Article 10 / Section 6-10-137
6-10-137. Hearing - proof of notice - issues
Status: repealed

6-10-137. Hearing - proof of notice - issues. (Repealed)
C.R.S. § 6-19-405 — CO Code / Title 6 / Article 19 / Part 4 / Section 6-19-405
6-19-405. Post-transaction requirements
Status: in_force

6-19-405. Post-transaction requirements. For a period of not less than five years, the nonprofit charitable organization receiving the proceeds of the covered transaction shall provide the attorney general with an annual report of its grant-making and other charitable activities related to its use of the proceeds of the covered transaction received. For a period of not less than five years, the for-profit entity shall provide the attorney general with an annual report detailing its activities to satisfy the requirements of section 6-19-403 at the time of the review and assessment. These annual reports shall be made available to the public at the attorney general's office, the office of the nonprofit charitable organization, and the offices of the parties to the covered transaction. The annual report shall be filed no later than ninety days after the year that the report addresses.
C.R.S. § 6-1-716 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-716
6-1-716. Notification of security breach
Status: in_force

6-1-716. Notification of security breach. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Biometric data" means unique biometric data generated from measurements or analysis of human body characteristics for the purpose of authenticating the individual when he or she accesses an online account.

(b) "Covered entity" means a person, as defined in section 6-1-102 (6), that maintains, owns, or licenses personal information in the course of the person's business, vocation, or occupation. "Covered entity" does not include a person acting as a third-party service provider as defined in subsection (1)(i) of this section.

(c) "Determination that a security breach occurred" means the point in time at which there is sufficient evidence to conclude that a security breach has taken place.

(d) "Encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security.

(e) "Medical information" means any information about a consumer's medical or mental health treatment or diagnosis by a health-care professional.

(f) "Notice" means:

(I) Written notice to the postal address listed in the records of the covered entity;

(II) Telephonic notice;

(III) Electronic notice, if a primary means of communication by the covered entity with a Colorado resident is by electronic means or the notice provided is consistent with the provisions regarding electronic records and signatures set forth in the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq.; or

(IV) Substitute notice, if the covered entity required to provide notice demonstrates that the cost of providing notice will exceed two hundred fifty thousand dollars, the affected class of persons to be notified exceeds two hundred fifty thousand Colorado residents, or the covered entity does not have sufficient contact information to provide notice. Substitute notice consists of all of the following:

(A) E-mail notice if the covered entity has e-mail addresses for the members of the affected class of Colorado residents;

(B) Conspicuous posting of the notice on the website page of the covered entity if the covered entity maintains one; and

(C) Notification to major statewide media.

(g) (I) (A) "Personal information" means a Colorado resident's first name or first initial and last name in combination with any one or more of the following data elements that relate to the resident, when the data elements are not encrypted, redacted, or secured by any other method rendering the name or the element unreadable or unusable: Social security number; student, military, or passport identification number; driver's license number or identification card number; medical information; health insurance identification number; or biometric data;

(B) A Colorado resident's username or e-mail address, in combination with a password or security questions and answers, that would permit access to an online account; or

(C) A Colorado resident's account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to that account.

(II) "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely distributed media.

(h) "Security breach" means the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a covered entity. Good faith acquisition of personal information by an employee or agent of a covered entity for the covered entity's business purposes is not a security breach if the personal information is not used for a purpose unrelated to the lawful operation of the business or is not subject to further unauthorized disclosure.

(i) "Third-party service provider" means an entity that has been contracted to maintain, store, or process personal information on behalf of a covered entity.

(2) Disclosure of breach. (a) A covered entity that maintains, owns, or licenses computerized data that includes personal information about a resident of Colorado shall, when it becomes aware that a security breach may have occurred, conduct in good faith a prompt investigation to determine the likelihood that personal information has been or will be misused. The covered entity shall give notice to the affected Colorado residents unless the investigation determines that the misuse of information about a Colorado resident has not occurred and is not reasonably likely to occur. Notice must be made in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system.

(a.2) In the case of a breach of personal information, notice required by this subsection (2) to affected Colorado residents must include, but need not be limited to, the following information:

(I) The date, estimated date, or estimated date range of the security breach;

(II) A description of the personal information that was acquired or reasonably believed to have been acquired as part of the security breach;

(III) Information that the resident can use to contact the covered entity to inquire about the security breach;

(IV) The toll-free numbers, addresses, and websites for consumer reporting agencies;

(V) The toll-free number, address, and website for the federal trade commission; and

(VI) A statement that the resident can obtain information from the federal trade commission and the credit reporting agencies about fraud alerts and security freezes.

(a.3) If an investigation by the covered entity pursuant to subsection (2)(a) of this section determines that the type of personal information described in subsection (1)(g)(I)(B) of this section has been misused or is reasonably likely to be misused, then the covered entity shall, in addition to the notice otherwise required by subsection (2)(a.2) of this section and in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system:

(I) Direct the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the covered entity and all other online accounts for which the person whose personal information has been breached uses the same username or e-mail address and password or security question or answer.

(II) For log-in credentials of an e-mail account furnished by the covered entity, the covered entity shall not comply with this section by providing the security breach notification to that e-mail address, but may instead comply with this section by providing notice through other methods, as defined in subsection (1)(f) of this section, or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an internet protocol address or online location from which the covered entity knows the resident customarily accesses the account.

(a.4) The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section if the confidential process, encryption key, or other means to decipher the secured information was also acquired in the security breach or was reasonably believed to have been acquired.

(a.5) A covered entity that is required to provide notice to affected Colorado residents pursuant to this subsection (2) is prohibited from charging the cost of providing such notice to such residents.

(a.6) Nothing in this subsection (2) prohibits the notice described in this subsection (2) from containing additional information, including any information that may be required by state or federal law.

(b) If a covered entity uses a third-party service provider to maintain computerized data that includes personal information, then the third-party service provider shall give notice to and cooperate with the covered entity in the event of a security breach that compromises such computerized data, including notifying the covered entity of any security breach in the most expedient time possible, and without unreasonable delay following discovery of a security breach, if misuse of personal information about a Colorado resident occurred or is likely to occur. Cooperation includes sharing with the covered entity information relevant to the security breach; except that such cooperation does not require the disclosure of confidential business information or trade secrets.

(c) Notice required by this section may be delayed if a law enforcement agency determines that the notice will impede a criminal investigation and the law enforcement agency has notified the covered entity that conducts business in Colorado not to send notice required by this section. Notice required by this section must be made in good faith, in the most expedient time possible and without unreasonable delay, but not later than thirty days after the law enforcement agency determines that notification will no longer impede the investigation and has notified the covered entity that conducts business in Colorado that it is appropriate to send the notice required by this section.

(d) If a covered entity is required to notify more than one thousand Colorado residents of a security breach pursuant to this section, the covered entity shall also notify, in the most expedient time possible and without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p), of the anticipated date of the notification to the residents and the approximate number of residents who are to be notified. Nothing in this subsection (2)(d) requires the covered entity to provide to the consumer reporting agency the names or other personal information of security breach notice recipients. This subsection (2)(d) does not apply to a covered entity who is subject to Title V of the federal "Gramm-Leach-Bliley Act", 15 U.S.C. sec. 6801 et seq.

(e) A waiver of these notification rights or responsibilities is void as against public policy.

(f) (I) The covered entity that must notify Colorado residents of a data breach pursuant to this section shall provide notice of any security breach to the Colorado attorney general in the most expedient time possible and without unreasonable delay, but not later than thirty days after the date of determination that a security breach occurred, if the security breach is reasonably believed to have affected five hundred Colorado residents or more, unless the investigation determines that the misuse of information about a Colorado resident has not occurred and is not likely to occur.

(II) The Colorado attorney general shall designate a person or persons as a point of contact for functions set forth in this subsection (2)(f) and shall make the contact information for that person or those persons public on the attorney general's website and by any other appropriate means.

(g) The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section if the confidential process, encryption key, or other means to decipher the secured information was also acquired or was reasonably believed to have been acquired in the security breach.

(3) Procedures deemed in compliance with notice requirements. (a) Pursuant to this section, a covered entity that maintains its own notification procedures as part of an information security policy for the treatment of personal information and whose procedures are otherwise consistent with the timing requirements of this section is in compliance with the notice requirements of this section if the covered entity notifies affected Colorado residents in accordance with its policies in the event of a security breach; except that notice to the attorney general is still required pursuant to subsection (2)(f) of this section.

(b) A covered entity that is regulated by state or federal law and that maintains procedures for a security breach pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section; except that notice to the attorney general is still required pursuant to subsection (2)(f) of this section. In the case of a conflict between the time period for notice to individuals that is required pursuant to this subsection (3) and the applicable state or federal law or regulation, the law or regulation with the shortest time frame for notice to the individual controls.

(4) Violations. The attorney general may bring an action in law or equity to address violations of this section, section 6-1-713, or section 6-1-713.5, and for other relief that may be appropriate to ensure compliance with this section or to recover direct economic damages resulting from a violation, or both. The provisions of this section are not exclusive and do not relieve a covered entity subject to this section from compliance with all other applicable provisions of law.

(5) Attorney general criminal authority. Upon receipt of notice pursuant to subsection (2) of this section, and with either a request from the governor to prosecute a particular case or with the approval of the district attorney with jurisdiction to prosecute cases in the judicial district where a case could be brought, the attorney general has the authority to prosecute any criminal violations of section 18-5.5-102.
C.R.S. § 6-10-120 — CO Code / Title 6 / Article 10 / Section 6-10-120
6-10-120. Insufficient sureties
Status: in_force

6-10-120. Insufficient sureties. If it is shown to the court at any time that the sureties on the assignee's bond are not sufficient, the court may order sufficient sureties to be given, and may compel obedience thereto by removal or otherwise.
C.R.S. § 6-2-111.5 — CO Code / Title 6 / Article 2 / Section 6-2-111.5
6-2-111.5. Civil discovery requests
Status: in_force

6-2-111.5. Civil discovery requests. (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 person to file a statement or report in writing, under oath or otherwise, on forms prescribed by the attorney general, or to answer in writing, under oath or otherwise, any questions propounded by the attorney general as to all facts and circumstances reasonably related to the alleged violation, and to provide any other data and information the attorney general reasonably deems to be necessary;

(b) Issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, conduct hearings in aid of an investigation or inquiry, and prescribe such forms and promulgate such rules as may reasonably be deemed to be necessary to administer the provisions of this article; and

(c) Make true copies, at the expense of the attorney general, of any documents examined pursuant to paragraph (b) of this subsection (1), which copies may be offered into evidence in lieu of the originals thereof in any civil action brought pursuant to this article. The person producing the documents may require that the attorney general make copies of the documents. If the attorney general determines the use of originals is necessary, the attorney general shall pay to have copies of those documents made for use by the person producing the documents.

(2) Service of any request or subpoena shall be made in the manner prescribed by law.

(3) Any written response, testimony, or documents obtained by the attorney general pursuant to this section or any information derived directly or indirectly from such written response, testimony, or documents shall not be admissible in evidence in any criminal prosecution against the person providing the written response, testimony, or documents. The provisions of this subsection (3) shall not be construed to prevent any law enforcement officer having an independent basis therefor from producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.

(4) Nothing in this section shall prohibit the attorney general from disclosing information obtained pursuant to this section to any other law enforcement agency or department of any governmental or public entity of this or any other state or to the federal government if such other law enforcement agency or department executes an agreement that such information will remain confidential and will not be used in any criminal prosecution against the person providing the written response, testimony, or documents.

(5) If any person fails to appear or fails to cooperate with any investigation or inquiry pursuant to a request or subpoena issued pursuant to this section, the attorney general may apply to any district court for an appropriate order to effect the purposes of this section. The application shall state that there is reasonable cause to believe that the order applied for is necessary to investigate, prosecute, or terminate a violation of this article. If the court is satisfied that reasonable cause exists, the court may:

(a) Require the attendance of or the production of documents by such person, or both;

(b) Assess a civil penalty of up to five thousand dollars for such failure to appear and answer questions, written or otherwise, or such failure to produce documents unless the court finds that the failure to appear, to answer questions, or to produce documents was substantially justified or that other circumstances make an assessment of a civil penalty unjust;

(c) Award the attorney general reasonable costs and attorney fees in making this application unless the court finds that the failure to appear, to answer questions, or to produce documents was substantially justified or that other circumstances make an award of costs and attorney fees unjust;

(d) Enter any protective order as provided for in the Colorado rules of civil procedure;

(e) Grant such other or further relief as may be necessary to obtain compliance by such person.
C.R.S. § 6-16-103 — CO Code / Title 6 / Article 16 / Section 6-16-103
6-16-103. Definitions
Status: repealed

6-16-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Charitable organization" means any person who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, any person who operates for the benefit of the objectives of law enforcement officers, firefighters, other persons who protect the public safety, or veterans, or any person who in any manner employs a charitable appeal or an appeal which suggests that there is a charitable purpose as the basis for any solicitation. "Charitable organization" does not include the department of revenue collecting voluntary contributions for organ and tissue donations under the provisions of sections 42-2-107 (4)(b)(V) and 42-2-118 (1)(a)(II), C.R.S.

(2) "Charitable purpose" means any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, any objective of law enforcement officers, firefighters, other persons who protect the public safety, or veterans, or any objective of sponsoring the free or subsidized attendance of persons at any event.

(3) "Charitable sales promotion" means an advertising or sales campaign which is conducted by a commercial coventurer and which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose.

(4) "Commercial coventurer" means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion.

(5) "Contribution" means the grant, promise, or pledge of money, credit, property, financial assistance, or any other thing of value in response to a solicitation. "Contribution" does not include voluntary contributions for organ and tissue donations under the provisions of sections 42-2-107 (4)(b)(V) and 42-2-118 (1)(a)(II), C.R.S., and bona fide fees, dues, or assessments paid by members of a charitable organization if membership is not conferred primarily as consideration for making a contribution in response to a solicitation.

(6) Repealed.

(7) "Paid solicitor" means a person who, for monetary compensation, performs any service in which contributions will be solicited in this state by such compensated person or by any compensated person he or she employs, procures, or engages to solicit for contributions. The following persons are not "paid solicitors":

(a) A person whose sole responsibility is to print or mail fund-raising literature;

(b) A lawyer, investment counselor, or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering such professional services or advice to the charitable organization or person;

(c) A bona fide volunteer;

(d) A director, officer, or compensated employee who is directly employed by a charitable organization which, at the time of the solicitation, had received a determination letter from the internal revenue service granting the organization tax-exempt status pursuant to 26 U.S.C. sec. 501 (c)(3), (c)(4), (c)(8), (c)(10), or (c)(19). For purposes of this paragraph (d), such a determination letter shall not have retroactive effect.

(e) Any employee of the department of revenue collecting voluntary contributions for organ and tissue donations under sections 42-2-107 (4)(b)(V) and 42-2-118 (1)(a)(II), C.R.S.;

(f) A person whose only responsibility in connection with a charitable contribution is to provide a merchant account to process credit card payments using the internet;

(g) A person who prepares a grant application for a charitable organization or purpose, unless the person's compensation is computed on the basis of funds to be raised or actually raised as a result of the grant application; or

(h) A person who provides any service or product to a charitable organization who does not directly solicit for a charitable contribution.

(8) "Person" means an individual, a corporation, an association, a partnership, a trust, a foundation, or any other entity however organized or any group of individuals associated in fact but not a legal entity.

(9) Repealed.

(9.3) "Professional fundraising consultant" means any person, other than a bona fide officer or regular employee of a charitable organization, who is retained by a charitable organization for a fixed fee or rate under a written agreement to plan, manage, advise, consult, or prepare material for or with respect to the solicitation in this state of contributions for a charitable organization but who does not solicit contributions or employ, procure, or engage any compensated person to solicit contributions. No lawyer, investment counselor, or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to the person shall be deemed, as a result of such professional services or advice, to be a "professional fundraising consultant".

(9.5) "Records" means books, financial statements, papers, correspondence, memoranda, agreements, or other documents or records that the secretary of state deems relevant or material to an inquiry.

(10) "Solicit" or "solicitation" means to request, or the request for, directly or indirectly, money, credit, property, financial assistance, or any other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value, or any portion thereof, will be used for a charitable purpose or will benefit a charitable organization. The term "solicit" or "solicitation" shall include, but need not be limited to, the following methods of requesting or securing such money, credit, property, financial assistance, or other thing of value:

(a) Any oral or written request; or

(b) Any sale or attempted sale of or any offer to sell any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in which any appeal is made for any charitable organization or purpose, or for which the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or for which any statement is made that the proceeds or any portion thereof from such sale will be used for any charitable purpose or will benefit any charitable organization. A "solicitation" shall be deemed to have taken place whether or not the person making the "solicitation" receives any contribution.

(11) "Solicitation campaign" means a series of solicitations which are made by the same person and which are similar in content or are based on a similar pitch or sales approach, which series leads up to or is represented to lead up to an event or lasts or is intended to last for a definite period of time. If the series of solicitations lasts or is intended to last for an indefinite period of time or for more than one year, a "solicitation campaign" means all similar solicitations made by the same person occurring within a particular calendar year.

(11.5) "Suspend" means that a charitable organization, professional fund-raising consultant, or paid solicitor is prohibited from soliciting contributions, providing consulting services in connection with a solicitation campaign, or conducting a solicitation campaign in Colorado.

(12) "Volunteer" means a person who renders services to a charitable organization or for a charitable purpose and who neither receives nor is expressly or impliedly promised financial remuneration for said services.
C.R.S. § 6-25-104 — CO Code / Title 6 / Article 25 / Part 1 / Section 6-25-104
6-25-104. Notice prerequisite to conviction - repeal
Status: repealed

6-25-104. Notice prerequisite to conviction - repeal. (Repealed)
C.R.S. § 6-1-1313 — CO Code / Title 6 / Article 1 / Part 13 / Section 6-1-1313
6-1-1313. Rules - opt-out mechanism
Status: in_force

6-1-1313. Rules - opt-out mechanism. (1) The attorney general may promulgate rules for the purpose of carrying out this part 13.

(2) By July 1, 2023, the attorney general shall adopt rules that detail the technical specifications for one or more universal opt-out mechanisms that clearly communicate a consumer's affirmative, freely given, and unambiguous choice to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data pursuant to section 6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B). The attorney general may update the rules that detail the technical specifications for the mechanisms from time to time to reflect the means by which consumers interact with controllers. The rules must:

(a) Not permit the manufacturer of a platform, browser, device, or any other product offering a universal opt-out mechanism to unfairly disadvantage another controller;

(b) Require controllers to inform consumers about the opt-out choices available under section 6-1-1306 (1)(a)(I);

(c) Not adopt a mechanism that is a default setting, but rather clearly represents the consumer's affirmative, freely given, and unambiguous choice to opt out of the processing of personal data pursuant to section 6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B);

(d) Adopt a mechanism that is consumer-friendly, clearly described, and easy to use by the average consumer;

(e) Adopt a mechanism that is as consistent as possible with any other similar mechanism required by law or regulation in the United States; and

(f) Permit the controller to accurately authenticate the consumer as a resident of this state and determine that the mechanism represents a legitimate request to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data pursuant to section 6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B).

(3) By January 1, 2025, the attorney general may adopt rules that govern the process of issuing opinion letters and interpretive guidance to develop an operational framework for business that includes a good faith reliance defense of an action that may otherwise constitute a violation of this part 13. The rules must become effective by July 1, 2025.
C.R.S. § 6-1-714 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-714
6-1-714. Unfair drug pricing practice - deceptive trade practice - definitions
Status: in_force

6-1-714. Unfair drug pricing practice - deceptive trade practice - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Emergency" means a declaration made by the department of public health and environment pursuant to section 25-1.5-101 (1)(aa), C.R.S., after the department has determined that there is a shortage of drugs critical to public safety.

(b) "Unfair drug pricing" means charging a consumer an unconscionable amount for the sale of a drug. Unfair drug pricing occurs if:

(I) The price charged by a wholesaler, distributor, or retailer exceeds by more than ten percent the average price for the drug charged by that wholesaler, distributor, or retailer during the thirty days immediately preceding the declaration of an emergency; and

(II) The increase in the amount charged by a wholesaler, distributor, or retailer is not attributable to cost factors of the retailer, including, but not limited to, replacement costs, taxes, and transportation costs incurred by that wholesaler, distributor, or retailer.

(2) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, the person engages in the practice of unfair drug pricing.
C.R.S. § 6-1-1104 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1104
6-1-1104. Foreclosure consulting contract
Status: reserved

6-1-1104. Foreclosure consulting contract. (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 printed in at least twelve-point type and shall include the name and address of the foreclosure consultant to which a notice of cancellation can be mailed and the date the home owner signed the contract.

(3) A foreclosure consulting contract shall fully disclose the exact nature of the foreclosure consulting services to be provided and the total amount and terms of any compensation to be received by the foreclosure consultant or associate.

(4) A foreclosure consulting contract shall be dated and personally signed, with each page being initialed, by each home owner and the foreclosure consultant and shall be acknowledged by a notary public in the presence of the home owner at the time the contract is signed by the home owner.

(5) A foreclosure consulting contract shall contain the following notice, which shall be printed in at least fourteen-point bold-faced type, completed with the name of the foreclosure consultant, and located in immediate proximity to the space reserved for the home owner's signature:

Notice Required by Colorado Law

_______ (Name) or (his/her/its) associate cannot ask you to sign or have you sign any document that transfers any interest in your home or property to (him/her/it) or (his/her/its) associate.

_______ (Name) or (his/her/its) associate cannot guarantee you that they will be able to refinance your home or arrange for you to keep your home.

You may, at any time, cancel this contract, without penalty of any kind.

If you want to cancel this contract, mail or deliver a signed and dated copy of this notice of cancellation, or any other written notice, indicating your intent to cancel to ________________ (name and address of foreclosure consultant) at ______________________ (address of foreclosure consultant, including facsimile and electronic mail address).

As part of any cancellation, you (the home owner) must repay any money actually spent on your behalf by _____________________ (name of foreclosure consultant) prior to receipt of this notice and as a result of this agreement, within sixty days, along with interest at the prime rate published by the federal reserve plus two percentage points, with the total interest rate not to exceed eight percent per year.

This is an important legal contract and could result in the loss of your home. Contact an attorney or a housing counselor approved by the federal department of housing and urban development before signing.

(6) A completed form in duplicate, captioned "Notice of Cancellation" shall accompany the foreclosure consulting contract. The notice of cancellation shall:

(a) Be on a separate sheet of paper attached to the contract;

(b) Be easily detachable; and

(c) Contain the following statement, printed in at least fourteen-point type:

Notice of Cancellation

(Date of contract)

To: (name of foreclosure consultant)

(Address of foreclosure consultant, including facsimile and electronic mail)

I hereby cancel this contract.

__________________ (Date)

__________________ (Home owner's signature)

(7) The foreclosure consultant shall provide to the home owner a signed, dated, and acknowledged copy of the foreclosure consulting contract and the attached notice of cancellation immediately upon execution of the contract.

(8) The time during which the home owner may cancel the foreclosure consulting contract does not begin to run until the foreclosure consultant has complied with this section.
C.R.S. § 6-17-105 — CO Code / Title 6 / Article 17 / Section 6-17-105
6-17-105. Form of record
Status: in_force

6-17-105. Form of record. Retention of reproductions produced pursuant to this article shall constitute compliance with any state or local law requiring that any record be created or kept.
C.R.S. § 6-28-102 — CO Code / Title 6 / Article 28 / Section 6-28-102
6-28-102. Over-the-counter diet pills - prohibition on selling to persons under eighteen y
Status: in_force

6-28-102. Over-the-counter diet pills - prohibition on selling to persons under eighteen years of age - deceptive trade practice - rules. (1) (a) A retail establishment shall not sell, transfer, or otherwise furnish over-the-counter diet pills to any person under eighteen years of age.

(b) A retail establishment shall request valid identification from any person who attempts to purchase over-the-counter diet pills if that person reasonably appears to the retail establishment to be under eighteen years of age.

(2) A violation of this article 28 is a deceptive trade practice pursuant to section 6-1-105 (1)(cccc).
C.R.S. § 6-15-201 — CO Code / Title 6 / Article 15 / Part 2 / Section 6-15-201
6-15-201. Short title
Status: in_force

6-15-201. Short title. The short title of this part 2 is the "Indian Arts and Crafts Sales Act".
C.R.S. § 6-1-1209 — CO Code / Title 6 / Article 1 / Part 12 / Section 6-1-1209
6-1-1209. Insurable interest
Status: in_force

6-1-1209. Insurable interest. (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 in compliance with section 6-1-1203 by the shared car driver or the shared car owner.

(2) A car sharing program may own and maintain, as the named insured, one or more policies of automobile liability insurance that provide coverage in the amount of, in excess of, or optional to the amount of coverage required in this part 12. The coverage may include coverage for:

(a) Liability assumed by the car sharing program under a car sharing agreement;

(b) The liability of the shared car owner;

(c) Damage or loss to the shared car; or

(d) The liability of the shared car driver.
C.R.S. § 6-1-1707 — CO Code / Title 6 / Article 1 / Part 17 / Section 6-1-1707
6-1-1707. Rules
Status: in_force

6-1-1707. Rules. (1) The attorney general may promulgate rules as necessary for the purpose of implementing and enforcing this part 17, including:

(a) The documentation and requirements for developers pursuant to section 6-1-1702 (2);

(b) The contents of and requirements for the notices and disclosures required by sections 6-1-1702 (5) and (7); 6-1-1703 (4), (5), (7), and (9); and 6-1-1704;

(c) The content and requirements of the risk management policy and program required by section 6-1-1703 (2);

(d) The content and requirements of the impact assessments required by section 6-1-1703 (3);

(e) The requirements for the rebuttable presumptions set forth in sections 6-1-1702 and 6-1-1703; and

(f) The requirements for the affirmative defense set forth in section 6-1-1706 (3), including the process by which the attorney general will recognize any other nationally or internationally recognized risk management framework for artificial intelligence systems.
C.R.S. § 6-1-1212 — CO Code / Title 6 / Article 1 / Part 12 / Section 6-1-1212
6-1-1212. Shared car equipment
Status: in_force

6-1-1212. Shared car equipment. A car sharing program is responsible for any equipment, including a GPS system, that is put in or on the car to monitor or facilitate the car sharing transaction. A car sharing program shall indemnify and hold harmless the shared car owner for any damage to or theft of the equipment during the sharing period, unless caused by the shared car owner. The car sharing program has the right to be indemnified from the shared car driver for any loss or damage to the equipment that occurs during the sharing period.
C.R.S. § 6-10-144 — CO Code / Title 6 / Article 10 / Section 6-10-144
6-10-144. Discharge of assignor - when
Status: repealed

6-10-144. Discharge of assignor - when. (Repealed)
C.R.S. § 6-13-203 — CO Code / Title 6 / Article 13 / Part 2 / Section 6-13-203
6-13-203. Violations
Status: in_force

6-13-203. Violations. (1) A performing rights society shall not enter into a contract that is subject to this article 13 without either:

(a) Publishing the disclosures required by this part 2; or

(b) Making the filings required by this part 2.
C.R.S. § 6-1-304 — CO Code / Title 6 / Article 1 / Part 3 / Section 6-1-304
6-1-304. Unlawful telemarketing practices
Status: in_force

6-1-304. Unlawful telemarketing practices. (1) A commercial telephone seller engages in an unlawful telemarketing practice when, in the course of any commercial telephone solicitation, the seller:

(a) Conducts business as a commercial telephone seller without having registered with the attorney general, as required by section 6-1-303;

(b) Fails to allow the purchaser in any telephone sales transaction to cancel any purchase or agreement to purchase goods, services, or property at any time before the expiration of three business days after the purchaser's receipt of such goods, services, or property by delivering or mailing to the commercial telephone seller written notice of cancellation. Notice of cancellation, if sent by mail, is deemed to be given as of the date the mailed notice was postmarked.

(c) Fails to refund all payments made by any purchaser in any telephone sales transaction within thirty days after the commercial telephone seller receives notice of cancellation from the purchaser; except that:

(I) If the purchaser has received goods or property from the commercial telephone seller, other than an item represented as free, the commercial telephone seller shall refund all payments made by the purchaser within thirty days after the commercial telephone seller's receipt of the returned goods or property;

(II) If the purchaser has received services, including those received during the course of a pay-per-call service call, which services cannot, by their nature, be returned, the commercial telephone seller is not required to refund payments to the purchaser;

(d) Fails to disclose to the purchaser during a telephone solicitation that the purchaser has the cancellation rights set forth in paragraph (b) of this subsection (1);

(e) Misrepresents to any person that the person has won a contest, sweepstakes, or drawing, or that the person will receive free goods, services, or property;

(f) Represents that the seller's goods, services, or property are "free" if the commercial telephone seller charges or collects a fee from the purchaser in exchange for providing or delivering such goods, services, or property;

(g) Makes any reference to the commercial telephone seller's compliance with this article to any purchaser without also disclosing that compliance with this article does not constitute approval by any governmental agency of the seller's marketing, advertisements, promotions, goods, or services;

(h) Engages in any deceptive trade practice defined in section 6-1-105 or part 7 of this article.

(2) Paragraphs (b) and (d) of subsection (1) of this section do not apply to a transaction in which the consumer obtains a full refund for the return of undamaged or unused goods or a cancellation of services by giving notice to the seller within seven days after receipt by the consumer and the seller processes the refund or cancellation within thirty days after receipt of the returned merchandise or the consumer's request for refund for services not performed or a pro rata refund for any services not yet performed for the consumer. The availability and terms of the return and refund privilege shall be disclosed to the consumer orally by telephone and in writing with any advertising or promotional material or with the delivery of the product or service. If a seller offers consumers an unconditional guarantee, a clear disclosure of such guarantee by using the words "satisfaction guaranteed", "free inspection", or "no-risk guarantee" satisfy the disclosure requirements of this subsection (2).

(3) The unlawful telemarketing practices listed in this section are in addition to and do not limit the types of unfair trade practices actionable at common law or under other civil and criminal statutes of this state.

(4) (a) On or after September 1, 2005, a person commits an unlawful telemarketing practice if the person knowingly:

(I) Lists a cellular telephone number in a directory for a commercial purpose unless the person whose number has been listed has given affirmative consent, through written, oral, or electronic means, to such listing; or

(II) Uses a scanning device or other electronic means to identify a cellular telephone number and to make a commercial telephone solicitation to a cellular telephone.

(b) This subsection (4) shall not apply to a commercial telephone solicitation that is in relation to a preexisting commercial relationship between the person and the person who owns the cellular telephone.
C.R.S. § 6-15-103 — CO Code / Title 6 / Article 15 / Part 1 / Section 6-15-103
6-15-103. Penalties
Status: in_force

6-15-103. Penalties. A violation by an art dealer of any of the provisions of this part 1 shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars plus the actual damages sustained by the artist, including incidental and consequential damages. In such an action reasonable attorney fees and court costs shall be paid to the prevailing party.
C.R.S. § 6-1-713 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-713
6-1-713. Disposal of personal identifying information - policy - definitions
Status: in_force

6-1-713. Disposal of personal identifying information - policy - definitions. (1) Each covered entity in the state that maintains paper or electronic documents during the course of business that contain personal identifying information shall develop a written policy for the destruction or proper disposal of those paper and electronic documents containing personal identifying information. Unless otherwise required by state or federal law or regulation, the written policy must require that, when such paper or electronic documents are no longer needed, the covered entity shall destroy or arrange for the destruction of such paper and electronic documents within its custody or control that contain personal identifying information by shredding, erasing, or otherwise modifying the personal identifying information in the paper or electronic documents to make the personal identifying information unreadable or indecipherable through any means.

(2) For the purposes of this section and section 6-1-713.5:

(a) "Covered entity" means a person, as defined in section 6-1-102 (6), that maintains, owns, or licenses personal identifying information in the course of the person's business, vocation, or occupation. "Covered entity" does not include a person acting as a third-party service provider as defined in section 6-1-713.5.

(b) "Personal identifying information" means a social security number; a personal identification number; a password; a pass code; an official state or government-issued driver's license or identification card number; a government passport number; biometric data, as defined in section 6-1-716 (1)(a); an employer, student, or military identification number; or a financial transaction device, as defined in section 18-5-701 (3).

(3) A covered entity that is regulated by state or federal law and that maintains procedures for disposal of personal identifying information pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section.

(4) Unless an entity specifically contracts with a recycler or disposal firm for destruction of documents that contain personal identifying information, nothing herein shall require a recycler or disposal firm to verify that the documents contained in the products it receives for disposal or recycling have been properly destroyed or disposed of as required by this section.
C.R.S. § 6-1-715 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-715
6-1-715. Confidentiality of social security numbers
Status: in_force

6-1-715. Confidentiality of social security numbers. (1) Except as provided in subsections (2) to (4) of this section, a person or entity may not do any of the following:

(a) Publicly post or publicly display in any manner an individual's social security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(b) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity;

(c) Require an individual to transmit his or her social security number over the internet, unless the connection is secure or the social security number is encrypted;

(d) Require an individual to use his or her social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website; and

(e) Print an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires, permits, or authorizes the social security number to be on the document to be mailed. Notwithstanding this paragraph (e), social security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the social security number. A social security number that is permitted to be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened.

(2) (a) A person or entity that has used, prior to January 1, 2007, an individual's social security number in a manner inconsistent with subsection (1) of this section, may continue using that individual's social security number in that manner on or after January 1, 2007, if all of the following conditions are met:

(I) The use of the social security number is continuous. If the use is stopped for any reason, subsection (1) of this section shall apply.

(II) The person or entity provides the individual with an annual disclosure that informs the individual that he or she has the right to stop the use of his or her social security number in a manner prohibited by subsection (1) of this section.

(b) The person or entity shall implement a written request by an individual to stop the use of his or her social security number in a manner prohibited by subsection (1) of this section within thirty days after the receipt of the request. The person or entity may not impose a fee or charge for implementing the request.

(c) The person or entity shall not deny services to an individual because the individual makes a written request pursuant to paragraph (b) of this subsection (2).

(3) This section shall not prevent the collection, use, or release of a social security number as required, permitted, or authorized by state or federal law or the use of a social security number for internal verification or administrative purposes, including by the department of revenue.

(4) This section shall not apply to:

(a) Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of this state or by court rule or order, and this section shall not limit access to these documents or records; or

(b) An entity that is subject to the federal "Health Insurance Portability and Accountability Act of 1996", as amended, 42 U.S.C. secs. 1320d to 1320d-9.
C.R.S. § 6-22-104 — CO Code / Title 6 / Article 22 / Section 6-22-104
6-22-104. Residential roofing contract - payment from insurance proceeds - right to rescin
Status: in_force

6-22-104. Residential roofing contract - payment from insurance proceeds - right to rescind - return of payments. (1) (a) A property owner who enters into a written contract with a roofing contractor to perform roofing work on the property owner's residential property, the payment for which will be made from the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article 4 of title 10, C.R.S., may rescind the contract within seventy-two hours after the property owner receives written notice from the property and casualty insurer that the claim for payment for roofing work on the residential property is denied in whole or in part. The property owner's right of rescission under this subsection (1) does not apply when the property and casualty insurer denies, in whole or in part, a claim related to a request for supplemental roofing services if the damage requiring the supplemental roofing services could not have been reasonably foreseen as a necessary and related roofing service at the time of the initial roofing inspection or the execution of the initial roofing contract.

(b) The property owner shall give written notice of rescission of the contract to the roofing contractor at the physical address provided in the contract within seventy-two hours after he or she is notified of the denial. The property owner may give notice of rescission of the contract:

(I) In an electronic form, which is effective on the date of the electronic transmission;

(II) By mail, which is effective upon deposit in the United States mail, postage prepaid, sent to the physical address stated in the contract; or

(III) By personal delivery to the roofing contractor, which is effective upon delivery.

(2) Within ten days after rescission of a contract in accordance with subsection (1) of this section, the roofing contractor shall return to the property owner any payments or deposits made by or evidence of indebtedness of the property owner in connection with the contract for roofing work on the residential property.

(3) Nothing in this section precludes a roofing contractor from retaining all or a portion of any payments or deposits made by a property owner to compensate the roofing contractor for roofing work actually performed on the residential property in a workmanlike manner consistent with standard roofing industry practices, but the roofing contractor may retain only an amount required to compensate the roofing contractor for the actual work performed.

(4) Nothing in this section abrogates the roofing contractor's right to pursue common law remedies for the reasonable value of roofing materials ordered and actually installed on the residential property pursuant to a contract for roofing work before the property owner rescinded the contract, as long as the roofing contractor performed the roofing services consistent with roofing industry standards for workmanlike performance of roofing services.

(5) Nothing in this section abrogates a property and casualty insurer's duties, responsibilities, or liability under sections 10-3-1115 and 10-3-1116, C.R.S.
C.R.S. § 6-10-154 — CO Code / Title 6 / Article 10 / Section 6-10-154
6-10-154. Disposition of property when no market
Status: in_force

6-10-154. Disposition of property when no market. When any difficulty is encountered by the assignee in converting the assigned property of any assignment, or any part thereof, into cash on account of there being no sufficient market therefor, or for any other good reason, the court may direct by such order as described in section 6-10-153 the distribution of such property in kind among the creditors electing to take property. Creditors not electing to take property shall be paid an equal pro rata in cash, fixing by appraisement or sworn evidence in courts such price or value upon each piece, parcel, or item of property as shall make it bear and pay its proportion of the entire indebtedness of the estate, and as shall be just and equitable between the assignor and the creditors and all persons interested in the assigned estate. When the court authorizes the assignee to exchange such property in payment of the proved indebtedness of the estate at the prices so fixed, and when, in the opinion of the court, the best interests of the estate are promoted thereby, it may order the assignee to first offer such property at public auction; and, in that case, it shall provide by its order the kind and form of notice to be given of such sale. The assignee at such sale shall offer and sell the property to the highest and best bidder therefor in proved accounts against the estate, and he shall not accept any bid lower than the price fixed by the court on the property so offered.
C.R.S. § 6-1-505 — CO Code / Title 6 / Article 1 / Part 5 / Section 6-1-505
6-1-505. Remedies for consumers of leased facilitative devices - conditions
Status: in_force

6-1-505. Remedies for consumers of leased facilitative devices - conditions. (1) To receive a refund due on a leased facilitative device, a consumer shall first offer to return the facilitative device with the nonconformity to the lessor.

(2) Within thirty business days after receipt of the offer described in subsection (1) of this section, the lessor shall provide the consumer with a refund.

(3) When a lessor provides a consumer with a refund, such consumer shall return the facilitative device with the nonconformity to such lessor.

(4) A lessor shall offer to transfer to the manufacturer or dealer possession of the facilitative device returned pursuant to subsection (3) of this section. Within thirty business days after receiving such offer, the manufacturer or dealer shall remit the refund amount to the lessor. When the manufacturer or dealer makes such refund, the lessor shall provide the manufacturer or dealer with the endorsements necessary to transfer possession to the manufacturer or dealer.
C.R.S. § 6-16-101 — CO Code / Title 6 / Article 16 / Section 6-16-101
6-16-101. Short title
Status: in_force

6-16-101. Short title. This article shall be known and may be cited as the "Colorado Charitable Solicitations Act".
C.R.S. § 6-27-106 — CO Code / Title 6 / Article 27 / Part 1 / Section 6-27-106
6-27-106. Limitations
Status: in_force

6-27-106. Limitations. (1) Nothing in this part 1 limits or impairs in any way the right of the attorney general, or any person or entity, to pursue a legal action pursuant to any other law, cause of action, tort theory, or other authority.

(2) Nothing in this part 1 limits or impairs in any way an obligation or requirement placed on a firearm industry member by any other authority.

(3) This part 1 must be construed and applied in a manner that is consistent with the requirements of the constitutions of Colorado and the United States.
C.R.S. § 6-1-903 — CO Code / Title 6 / Article 1 / Part 9 / Section 6-1-903
6-1-903. Definitions
Status: in_force

6-1-903. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Caller identification service" means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls.

(2) "Colorado no-call list" means the database of Colorado residential subscribers and wireless telephone service subscribers that have given notice, in accordance with rules promulgated under section 6-1-905, of such subscribers' objection to receiving telephone solicitations.

(3) "Conforming consolidated no-call list" means any database that includes telephone numbers of telephone subscribers that do not wish to receive telephone solicitations, if such database has been updated within the prior thirty days to include all of the telephone numbers on the Colorado no-call list.

(4) "Conforming list broker" means any person or entity that provides lists for the purpose of telephone solicitation, if such lists shall have removed, at a minimum of every thirty days, any phone numbers that are included on the Colorado no-call list.

(5) "Designated agent" means the party with which the public utilities commission contracts under section 6-1-905 (2).

(6) "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals. "Electronic mail" includes electronic messages that are transmitted within or between computer networks.

(7) (a) "Established business relationship" means a relationship that:

(I) Was formed, prior to the telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber or wireless telephone service subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding products or services offered by such seller or telephone solicitor; and

(II) Has not been previously terminated by either party; and

(III) Currently exists or has existed within the immediately preceding eighteen months.

(b) "Established business relationship", with respect to a financial institution or affiliate, as those terms are defined in section 527 of the federal "Gramm-Leach-Bliley Act", includes any situation in which a financial institution or affiliate makes solicitation calls related to other financial services offered, if the financial institution or affiliate is subject to the requirements regarding privacy of Title V of the federal "Gramm-Leach-Bliley Act", and the financial institution or affiliate regularly conducts business in Colorado.

(8) "Internet" means the international computer network consisting of federal and nonfederal, interoperable, packet-controlled switched data networks.

(9) "Residential subscriber" means a person who has subscribed to residential telephone service with a local exchange provider, as defined in section 40-15-102 (18), C.R.S. "Person" also includes any other persons living or residing with such person.

(10) (a) "Telephone solicitation" means any voice, telefacsimile, graphic imaging, or data communication, including text messaging communication over a telephone line or through a wireless telephone for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.

(b) Notwithstanding paragraph (a) of this subsection (10), "telephone solicitation" does not include communications:

(I) To any residential subscriber or wireless telephone service subscriber with the subscriber's prior express invitation or permission;

(II) By or on behalf of any person or entity with whom a residential subscriber or wireless telephone service subscriber has an established business relationship;

(III) For thirty days after a residential subscriber or wireless telephone service subscriber has contacted a business to inquire about the potential purchase of goods or services or until the subscriber requests that no further calls be made, whichever occurs first;

(IV) By or on behalf of a charitable organization that is required to comply and that has complied with the notice and reporting requirements of section 6-16-104 or is excluded from such notice and reporting requirements by section 6-16-104 (6);

(V) Made for the sole purpose of urging support for or opposition to a political candidate or ballot issue; or

(VI) Made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.

(c) "Telephone solicitation" includes any communication described in paragraph (a) of this subsection (10), whether such communication originates from a live operator, through the use of automatic dialing and recorded message equipment, or by other means.

(11) "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.

(12) "Wireless telephone service subscriber" means a person who has subscribed to a telephone service that does not employ a wireline telephone or that employs both wireline and wireless telephones on the same customer account.
C.R.S. § 6-15-205 — CO Code / Title 6 / Article 15 / Part 2 / Section 6-15-205
6-15-205. Unlawful acts
Status: in_force

6-15-205. Unlawful acts. (1) A person shall not knowingly:

(a) Sell or offer for sale any products represented as authentic Indian arts and crafts unless the products are in fact authentic Indian arts and crafts;

(b) Sell or offer to sell any authentic Indian arts and crafts purporting to be silver unless the products are made of coin silver or sterling silver that is not less than ninety-percent pure silver by weight or unless the person provides a statement to the purchaser at retail concerning the content of the silver used in the arts or crafts;

(c) Sell or offer to sell any authentic Indian arts and crafts that are not separately displayed from other arts and crafts and the authentic Indian arts and crafts are not clearly designated with a tag attached to each product and containing the words "Authentic Indian" in letters not less than one-quarter inch high or, if the authentic Indian arts and crafts can clearly be labeled by the use of a display card, then in lieu of tagging each article the person may label the authentic Indian arts and crafts with a printed display card in letters not less than one-half inch in height and containing the words "Authentic Indian". The label or display card shall be maintained with the related crafts in an area separate from other arts and crafts so as to clearly designate the authentic Indian arts and crafts.

(d) Sell or offer to sell spin cast components of authentic Indian jewelry, other than findings, or use spin cast components in authentic Indian jewelry unless the jewelry is labeled as being so cast in its manufacture.
C.R.S. § 6-10-102 — CO Code / Title 6 / Article 10 / Section 6-10-102
6-10-102. General assignment
Status: in_force

6-10-102. General assignment. 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, such deed shall vest in the assignee in trust for the use and benefit of such creditors all the property of the assignor, excepting only such as is by law not subject to levy and sale under execution, subject, however, to all valid and subsisting liens.
C.R.S. § 6-1-104 — CO Code / Title 6 / Article 1 / Part 1 / Section 6-1-104
6-1-104. Cooperative reporting
Status: in_force

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 section 6-1-105 or part 7 or 13 of this article 1 and transmitting the complaints to the attorney general.
C.R.S. § 6-2-117 — CO Code / Title 6 / Article 2 / Section 6-2-117
6-2-117. Remedies cumulative
Status: in_force

6-2-117. Remedies cumulative. The remedies prescribed in this article are cumulative.
C.R.S. § 6-4-117 — CO Code / Title 6 / Article 4 / Section 6-4-117
6-4-117. Computation of damages
Status: in_force

6-4-117. Computation of damages. 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 the court in its discretion may permit without requiring separate proof of any individual claim of, or amount of damages to, each person on whose behalf the action was brought.
C.R.S. § 6-16-105.5 — CO Code / Title 6 / Article 16 / Section 6-16-105.5
6-16-105.5. Solicitations by container - disclosures
Status: in_force

6-16-105.5. Solicitations by container - disclosures. (1) (a) No person or charitable organization, or agent of a person or charitable organization, whether paid or not paid, shall place any container offering a product for sale or distribution in a public place for solicitation purposes unless the container is affixed with a disclosure label conspicuously displaying the information set forth in subsection (2) of this section in a typed or printed clearly legible form.

(b) (I) A person other than an organization that has received a determination that it is exempt under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, who places a container in a public place for solicitation purposes and who does not direct all of the items placed in the container to a charitable purpose or, if the items are sold, does not direct all proceeds of such sale to a charitable purpose, shall affix to the container a disclosure label that clearly and conspicuously displays the following legend:

DONATED ITEMS WILL BE SOLD FOR PROFIT

The value of items placed in this container is NOT tax-deductible.

(II) This paragraph (b) shall not apply to containers used exclusively for the collection of used paper, cardboard, motor oil, bottles, cans, or other containers or materials for recycling or waste diversion purposes.

(2) The disclosure label required pursuant to paragraph (a) of subsection (1) of this section shall state the following:

(a) The percentage of annual contributions that are paid to any person or organization to maintain, service, or collect the contributions deposited in all the containers used by the person or charitable organization;

(b) The percentage of annual contributions that are paid to the charitable organization specified on the container;

(c) Whether the person maintaining, servicing, or collecting the contributions deposited in the container is a volunteer or is paid for the services.

(3) For purposes of this section, "container" means a box, carton, package, receptacle, canister, jar, dispenser, or machine.

(4) Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening any state or federal law or regulation regarding charitable solicitations.
C.R.S. § 6-1-701 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-701
6-1-701. Dispensing hearing aids - deceptive trade practices - definitions
Status: reserved

6-1-701. Dispensing hearing aids - deceptive trade practices - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Dispense", with regard to a hearing aid, means to sell or transfer title, possession, or the right to use by lease, bailment, or any other method. The term does not apply to wholesale transactions with distributors or dealers.

(b) "Dispenser" means a person who dispenses hearing aids.

(c) (I) "Hearing aid" means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and includes:

(A) Any parts, attachments, or accessories to the instrument or device, as defined in rules adopted by the director of the division of professions and occupations in the department of regulatory agencies; and

(B) Ear molds, excluding batteries and cords.

(II) "Hearing aid" does not include a surgically implanted hearing device.

(d) "Practice of dispensing, fitting, or dealing in hearing aids" includes:

(I) Selecting and adapting hearing aids for sale;

(II) Testing human hearing for purposes of selecting and adapting hearing aids for sale; and

(III) Making impressions for ear molds and counseling and instructing prospective users for purposes of selecting, fitting, adapting, or selling hearing aids.

(e) "Surgically implanted hearing device" means a device that is designed to produce useful hearing sensations to a person with a hearing impairment and that has, as one or more components, a unit that is surgically implanted into the ear, skull, or other interior part of the body. The term includes any associated unit that may be worn on the body.

(2) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser:

(a) Fails to deliver to each person to whom the dispenser dispenses a hearing aid a receipt that:

(I) Bears the business address of the dispenser together with specifications as to the make and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If the dispenser dispenses a hearing aid that is not new, the dispenser shall clearly mark on the hearing aid container and the receipt the term "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any.

(II) Bears, in no smaller type than the largest used in the body of the receipt, in substance, a provision that the buyer has been advised at the outset of the buyer's relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice;

(III) Bears, in no smaller type than the largest used in the body of the receipt, a provision indicating that dispensers who are licensed by the department of regulatory agencies are regulated by the division of professions and occupations in the department of regulatory agencies; and

(IV) Bears a provision labeled "warranty" in which the exact warranty terms and periods available from the manufacturer are documented, or includes an original or photocopy of the original manufacturer's warranty with the receipt;

(b) Dispenses a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting;

(c) Dispenses, adjusts, provides training or teaching in regard to, or otherwise services surgically implanted hearing devices unless the dispenser is an audiologist or physician;

(d) Fails to recommend in writing, prior to fitting or dispensing a hearing aid, that the best interests of the prospective user would be served by consulting a licensed physician specializing in diseases of the ear, or any licensed physician, if any of the following conditions exist:

(I) Visible congenital or traumatic deformity of the ear;

(II) Active drainage of the ear, or a history of drainage of the ear within the previous ninety days;

(III) History of sudden or rapidly progressive hearing loss;

(IV) Acute or chronic dizziness;

(V) Unilateral hearing loss of sudden onset within the previous ninety days;

(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;

(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal;

(VIII) Pain or discomfort in the ear;

(e) Fails to provide a minimum thirty-day rescission period with the following terms:

(I) The buyer has the right to cancel the purchase for any reason before the expiration of the rescission period by giving or mailing written notice of cancellation to the dispenser and presenting the hearing aid to the dispenser, unless the hearing aid has been lost or significantly damaged beyond repair while in the buyer's possession and control. The rescission period is tolled for any period during which a dispenser takes possession or control of a hearing aid after its original delivery.

(II) The buyer, upon cancellation, is entitled to receive a full refund of any payment made for the hearing aid within thirty days after returning the hearing aid to the dispenser, unless the hearing aid was significantly damaged beyond repair while the hearing aid was in the buyer's possession and control;

(III) (A) The dispenser shall provide a written receipt or contract to the buyer that includes, in immediate proximity to the space reserved for the signature of the buyer, the following specific statement in all capital letters of no less than ten-point, bold-faced type:

THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT ON THE [insert applicable rescission period, which must be no shorter than thirty days after receipt of the hearing aid] CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE DISPENSER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER'S CONTROL.

(B) The written contract or receipt provided to the buyer must also contain a statement, in print size no smaller than ten-point type, that the sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within thirty days after the date the written contract is signed or the receipt is issued, whichever occurs later. The written contract or receipt must also include the dispenser's license number, if the dispenser is required to be licensed by the state, and a statement that the dispenser will promptly refund all money paid for the purchase of a hearing aid if it is not delivered to the consumer within the thirty-day period. The buyer cannot waive this requirement, and any attempt to waive it is void.

(IV) A refund request form must be attached to each receipt and must contain the information in subparagraph (I) of paragraph (a) of this subsection (2) and the statement, in all capital letters of no less than ten-point, bold-faced type: "Refund request - this form must be postmarked by _________ (Date to be filled in). No refund will be given until the hearing aid or hearing aids are returned to the dispenser." A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.

(f) Represents that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", or "state-approved" or any other term, abbreviation, or symbol when it would:

(I) Falsely give the impression that service is being provided by persons trained in medicine or that the dispenser's service has been recommended by the state when that is not the case; or

(II) Be false or misleading;

(g) Directly or indirectly:

(I) Gives or offers to give, or permits or causes to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by the dispenser; except that a dispenser does not violate this subparagraph (I) if the dispenser pays an independent advertising or marketing agent compensation for advertising or marketing services the agent rendered on the dispenser's behalf, including compensation that is paid for the results or performance of the services on a per-patient basis; or

(II) Influences or attempts to influence any person to refrain from dealing in the products of competitors;

(h) Dispenses a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing aids, except when selling a replacement hearing aid within one year after the date of the original purchase;

(i) Makes a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel, or refuses to honor a buyer's request to cancel a contract for the purchase of a hearing aid, if the request was made during the rescission period set forth in paragraph (e) of this subsection (2);

(j) Employs a device, a scheme, or artifice with the intent to defraud a buyer of a hearing aid;

(k) Intentionally disposes of, conceals, diverts, converts, or otherwise fails to account for any funds or assets of a buyer of a hearing aid that is under the dispenser's control; or

(l) Charges, collects, or recovers any cost or fee for any good or service that has been represented by the dispenser as free.

(3) (a) This section applies to a dispenser who dispenses hearing aids in this state.

(b) This section does not apply to the dispensing of hearing aids outside of this state so long as the transaction either conforms to this section or to the applicable laws and rules of the jurisdiction in which the transaction takes place.
C.R.S. § 6-1-1206 — CO Code / Title 6 / Article 1 / Part 12 / Section 6-1-1206
6-1-1206. Prohibition on exclusion of coverage for car sharing
Status: in_force

6-1-1206. Prohibition on exclusion of coverage for car sharing. 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.
C.R.S. § 6-1-1106 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1106
6-1-1106. Waiver of rights - void
Status: in_force

6-1-1106. Waiver of rights - void. (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 state other than Colorado;

(c) Consent to venue in a county other than the county in which the property is located; or

(d) Impose any costs or fees greater than the actual costs and fees.
C.R.S. § 6-16-110.5 — CO Code / Title 6 / Article 16 / Section 6-16-110.5
6-16-110.5. Secretary of state - dissemination of information - cooperation with other agenc
Status: in_force

6-16-110.5. Secretary of state - dissemination of information - cooperation with other agencies - rules. (1) The secretary of state shall take steps to:

(a) Publicize the requirements of this article and otherwise assist charitable organizations, professional fundraising consultants, and paid solicitors in complying with this article;

(b) Compile and publish, on an annual basis, the information provided by charitable organizations, professional fundraising consultants, and paid solicitors under this article to assist the public in making informed decisions about charitable solicitation and to assist charitable organizations in making informed decisions about contracting with paid solicitors;

(c) Participate in a national online charity information system as soon as a system is established, if the secretary determines that participation will further advance the purposes of this subsection (1) and subsection (2) of this section.

(2) The secretary of state may exchange with appropriate authorities of this state, any other state, and the United States information with respect to charitable organizations, professional fundraising consultants, commercial coventurers, and paid solicitors.

(3) The secretary of state may promulgate rules as needed for the effective implementation of this article 16, including:

(a) Providing for the extension of filing deadlines;

(b) Providing for the online availability of forms required to be filed pursuant to sections 6-16-104 to 6-16-104.6;

(c) Providing for the electronic filing of required forms, including the acceptance of electronic signatures;

(d) Mandating electronic filing and providing, in the secretary of state's discretion, for exceptions to mandatory electronic filing;

(e) Setting fines for noncompliance with this article or rules promulgated pursuant to this article; and

(f) Providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor.
C.R.S. § 6-1-705 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-705
6-1-705. Dance studios - deceptive trade practices
Status: in_force

6-1-705. Dance studios - deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities or practices in connection with the advertisement, sale, or performance of contracts for dance studio services in which the total amount of the obligation that the purchaser undertakes is in excess of five hundred dollars:

(a) Fails to execute a written contract and to provide a copy of the contract to the purchaser at the time the purchaser signs it;

(b) Fails to include, printed in ten-point, bold-faced type in the contract:

(I) The total amount of the obligation the purchaser undertakes;

(II) All goods and services that the purchaser is to receive under the contract set forth in specific terms, including the total number or hours of dance instruction to be given by the dance studio under the contract broken down by different hourly rates, if applicable, and all other goods and services;

(III) The itemized cost of all goods and services to be provided under the contract, including but not limited to the cost per hour of dance instruction and the different hourly rates for different types of dance lessons, if any, and any charges to be paid by the purchaser for cost of travel, accommodations, or other expenses of dance studio owners, operators, managers, agents, or employees, the total cost of which shall equal the amount to be specified in the contract pursuant to subparagraph (I) of this paragraph (b); and

(IV) The purchaser's right to cancel as specified in paragraphs (c) to (e) of this subsection (1);

(c) Fails to include in the contract the following statement in bold-faced type under the conspicuous caption:

PURCHASER'S RIGHT TO CANCEL:

YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY TIME DURING THE TERM OF ITS EFFECTIVENESS. YOU MUST GIVE WRITTEN NOTICE TO THE DANCE STUDIO THAT YOU DO NOT WANT TO BE FURTHER BOUND BY THIS CONTRACT. THE NOTICE OF CANCELLATION MAY BE SERVED IN PERSON, BY TELEGRAM, OR BY MAIL TO THE DANCE STUDIO AT THE ADDRESS STATED IN THIS CONTRACT OR AT THE LOCATION WHERE DANCE LESSONS ARE CONDUCTED. WITHIN THIRTY DAYS AFTER RECEIPT OF YOUR NOTICE OF CANCELLATION, THE DANCE STUDIO SHALL REFUND TO YOU THE CONTRACT PRICE LESS THE COST OF GOODS AND SERVICES ALREADY RECEIVED BY YOU AND AN AMOUNT OF LIQUIDATED DAMAGES EQUAL TO NOT MORE THAN TEN PERCENT OF THE COST OF THE REMAINING GOODS AND SERVICES.

(d) Fails to allow the contract to be canceled by the purchaser upon the purchaser's serving written notice to the dance studio;

(e) Fails, upon cancellation of a contract for dance studio services, to refund to the purchaser all prepayments made under the contract, minus the total of:

(I) The amount equal to the cost of goods and services actually received by the purchaser under the contract; and

(II) An amount of liquidated damages equal to not more than ten percent of the cost of the remaining goods and services not received by the purchaser;

(f) Subtracts a total amount under subparagraphs (I) and (II) of paragraph (e) of this subsection (1) that exceeds the total amount of the obligation as set out in subparagraph (I) of paragraph (b) of this subsection (1);

(g) Fails to have a performance bond in the amount of twenty-five thousand dollars, as to each studio, location, or owner, for the benefit of any person who enters into a contract for dance studio services in which the total amount of the obligation that the purchaser undertakes is in excess of five hundred dollars and who is damaged by the failure of the dance studio to provide the services specified in the contract or by the failure of the dance studio to comply with this section, which performance bond guarantees the dance studio's performance of its contractual obligations with the purchaser in accordance with the provisions of this section, or fails to disclose in the contract with such purchaser the existence of the performance bond;

(h) Sells or induces any person to purchase or to become obligated directly or contingently, or both, under more than one contract for dance studio services at the same time for the purpose of avoiding the provisions of this section; or

(i) Assigns or accepts an assignment of dance studio services without the written consent of the purchaser.
C.R.S. § 6-1-409 — CO Code / Title 6 / Article 1 / Part 4 / Section 6-1-409
6-1-409. Fraudulent acts
Status: in_force

6-1-409. Fraudulent acts. Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 4 with the intention of requiring payment of the cost of such repair to be made by a publicly funded program of public assistance, medical assistance, or rehabilitation assistance commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor.
C.R.S. § 6-1-510 — CO Code / Title 6 / Article 1 / Part 5 / Section 6-1-510
6-1-510. Defect notification
Status: in_force

6-1-510. Defect notification. (1) A manufacturer shall be responsible for providing written notification to an owner, user, purchaser, dealer, lessor, or consumer of any known or discovered inherent defect in a facilitative device that affects the safety, usability, or reliability of that facilitative device. The manufacturer shall send such notification by first-class mail to the last-known address of the owner, user, purchaser, dealer, lessor, or consumer within fourteen days after learning of such a defect.

(2) A manufacturer shall be responsible for the costs of providing the notification required in subsection (1) of this section and for all costs associated with correcting any defect described in subsection (1) of this section.

(3) The provisions of this section shall apply without time limitations.
C.R.S. § 6-1-1116 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1116
6-1-1116. Waiver of rights - void
Status: in_force

6-1-1116. Waiver of rights - void. (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 law in a state other than Colorado;

(c) Consent to venue in a county other than the county in which the property is located; or

(d) Impose any costs or fees greater than the actual costs and fees.
C.R.S. § 6-10-152 — CO Code / Title 6 / Article 10 / Section 6-10-152
6-10-152. Colorado rules of civil procedure apply
Status: in_force

6-10-152. Colorado rules of civil procedure apply. The provisions of the Colorado rules of civil procedure shall be applicable, except as otherwise provided in this article, and shall control in all proceedings under this article.
C.R.S. § 6-1-720 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-720
6-1-720. Ticket sales - deceptive trade practice - definitions
Status: in_force

6-1-720. Ticket sales - deceptive trade practice - definitions. (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

(a) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing tickets in excess of authorized limits for an online event ticket sale with the intent to resell such tickets;

(b) Uses or causes to be used a software application that runs automated tasks over the internet that circumvents or disables any electronic queues, waiting periods, or other sales volume limitation systems associated with an online event ticket sale;

(c) Uses or causes to be used an internet domain name or subdomain name in an operator's or reseller's URL if the internet domain name or subdomain name used contains any of the following without prior written authorization:

(I) The name of the place of entertainment;

(II) The name of the event, including the name of the individual or entity scheduled to perform or appear at the event; or

(III) A name substantially similar to those described in subsections (1)(c)(I) and (1)(c)(II) of this section;

(d) Uses or causes to be used, without prior written authorization, an internet website to display a text, image, website graphic, website design, or internet address that individually or in combination is substantially similar to an operator's internet website in a manner that could reasonably be expected to mislead a potential purchaser;

(e) (I) Sells a ticket to an event at a place of entertainment without disclosing the total ticket cost, inclusive of all ancillary fees that must be paid in order to purchase the ticket, the first time a price is displayed to the purchaser and anytime the price is displayed thereafter.

(II) A person is not required to include the amount of any sales tax required to purchase a ticket when disclosing the total cost of a ticket to a purchaser in accordance with subsection (1)(e)(I) of this section if the person discloses the amount of any sales tax to the purchaser prior to completion of the transaction.

(f) Sells a ticket to an event at a place of entertainment without disclosing in a clear and conspicuous manner the portion of the ticket cost that represents a service charge for the purchase or other fee or surcharge for the purchase;

(g) Makes a false or misleading disclosure to a purchaser of subtotals, fees, charges, or any other component of the total price of a ticket;

(h) Presents subtotals, fees, charges, or any other component of the total price of the ticket more prominently or in a font size that is larger than the font size used to present the total price of the ticket; or

(i) Increases the total price of a ticket after the first time a price is displayed to the purchaser; except that the person:

(I) Shall add any applicable sales tax to the total price of a ticket prior to the completion of the transaction by the purchaser;

(II) May add fees for the delivery of nonelectronic tickets based on delivery to the purchaser's address or the delivery method selected by the purchaser if the person discloses the amount of each delivery fee prior to accepting payment; and

(III) May increase the total price of a ticket if the purchaser's transaction period has timed out and the purchaser has not yet purchased the ticket.

(2) As used in this section, unless the context otherwise requires:

(a) "In excess of authorized limits" means exceeding a restriction on the number of individual tickets that can be purchased by a single person or circumventing any other terms and conditions of access to an online event ticket sale established by the operator.

(b) "Internet domain name" means a globally unique, hierarchical reference to an internet host or service that is:

(I) Assigned through a centralized internet naming authority; and

(II) Composed of a series of character strings separated by periods with the rightmost string specifying the top of the hierarchy.

(c) "Online event ticket sale" means a process utilized by the operator to make an original sale of tickets to the event to the public over the internet.

(d) "URL" means a uniform resource locator for a website on the internet.

(2.5) Definitions in section 6-1-718 (1) apply to terms as they are used in this section.

(3) This section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.

(4) Every ticket acquired in violation of this section shall constitute a separate violation for purposes of assessing a civil penalty under section 6-1-112 (1)(a) and (1)(b).
C.R.S. § 6-1-712 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-712
6-1-712. Discount health plan and cards - deceptive trade practices - definitions
Status: in_force

6-1-712. Discount health plan and cards - deceptive trade practices - definitions. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

(a) Solicits, markets, advertises, promotes, or sells to a consumer residing in Colorado a discount health plan and such plan materials:

(I) Fail to provide to the consumer a clear and conspicuous disclosure that the discount health plan is not insurance and that the plan only provides for discount health-care services from participating providers within the plan;

(II) Fail to provide the name, address, and telephone number of the administrator of the discount health plan;

(III) Fail to make available to the consumer through a toll-free telephone number, upon request of the consumer, a complete and accurate list of the participating providers within the plan in the consumer's local area and a list of the services for which the discounts are applicable. Such list shall be available to the consumer upon request commencing with the time of purchase and shall be updated at least every six months.

(IV) Fail to use common usage for words and phrases in describing the discounts or access to discounts offered, and such failure results in representations of the discounts that are misleading, deceptive, or fraudulent;

(V) Fail to provide to the consumer notice of the right to cancel such discount health plan pursuant to paragraph (c) of this subsection (1);

(b) Offers discounted health services or products that are not authorized by a contract with each provider listed in conjunction with the discount health plan;

(c) Fails to allow a purchaser of a discount health plan to cancel such plan within thirty days after purchase;

(d) Fails to refund all membership fees paid to the discount health plan by the consumer within thirty days after timely notification of the cancellation of the plan to the discount health plan administrator pursuant to paragraph (c) of this subsection (1).

(2) The provisions of this section shall not apply to:

(a) A carrier as defined in section 10-16-102 (8), C.R.S., that offers discounts for services to a covered person, as defined in section 10-16-102 (15), C.R.S., and such services are supplemental to and not part of the health coverage plan of the carrier;

(b) A medicare endorsed drug card as approved by the federal centers for medicare and medicaid services pursuant to the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003", Public Law 108-173.

(3) For the purposes of this section, unless the context otherwise requires:

(a) "Health-care services" has the same meaning as in section 10-16-102 (33), C.R.S.

(b) "Provider" has the same meaning as in section 10-16-102 (56), C.R.S.
C.R.S. § 6-1-706 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-706
6-1-706. Buyers' clubs - deceptive trade practices
Status: in_force

6-1-706. Buyers' clubs - deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities or practices in connection with the advertisement, sale, or performance of any contract of membership in a buyers' club in which the price of the membership equals or exceeds one hundred dollars:

(a) Fails to allow any purchaser of a membership in a buyers' club to rescind the membership contract at any time prior to the close of business on the next business day following the day the purchaser signs the contract;

(b) Fails to provide in the membership contract the following mandatory disclosure under the heading:

PURCHASER'S RIGHT TO CANCEL:

THE PURCHASER MAY CANCEL THIS CONTRACT FOR ANY REASON AT ANY TIME PRIOR TO THE CLOSE OF BUSINESS ON THE NEXT BUSINESS DAY FOLLOWING THE DAY THE PURCHASER SIGNS THE MEMBERSHIP CONTRACT BY DELIVERING OR MAILING TO THE BUYERS' CLUB WRITTEN NOTICE OF CANCELLATION. NOTICE OF CANCELLATION, IF SENT BY MAIL, IS DEEMED TO BE GIVEN AS OF THE DATE THE MAILED NOTICE WAS POSTMARKED.

Said heading and disclosure shall be in capital letters in no less than ten-point, bold-faced type.

(c) Fails to refund all payments made pursuant to the membership contract within fifteen days after the buyers' club receives notice of cancellation from the purchaser.
C.R.S. § 6-23-102 — CO Code / Title 6 / Article 23 / Section 6-23-102
6-23-102. Direct primary care - not regulated by the division of insurance
Status: in_force

6-23-102. Direct primary care - not regulated by the division of insurance. (1) Direct primary care is not insurance and is not regulated by the commissioner of insurance pursuant to title 10.

(2) Direct primary health-care providers and direct primary care agreements that comply with this article 23 shall not be considered to be a health maintenance organization, insurer, insurance producer, or insurance and are not subject to title 10.

(3) Offering or entering into a direct primary care agreement is not the business of insurance or the practice of underwriting.

(4) A direct primary health-care provider or agent of a direct primary health-care provider is not required to obtain a certificate of authority or license to market, sell, or offer to sell a direct primary care agreement.
C.R.S. § 6-2-109 — CO Code / Title 6 / Article 2 / Section 6-2-109
6-2-109. Contract illegal - when
Status: in_force

6-2-109. Contract illegal - when. 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 refunds by cooperative agencies or associations existing and operating under the laws of this state.
C.R.S. § 6-16-113 — CO Code / Title 6 / Article 16 / Section 6-16-113
6-16-113. Severability
Status: in_force

6-16-113. Severability. If any provision of this article is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article shall be valid, unless it appears to the court that the valid provisions of this article are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
C.R.S. § 6-1-707 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-707
6-1-707. Use of title or degree - deceptive trade practice
Status: repealed

6-1-707. Use of title or degree - deceptive trade practice. (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

(a) (I) Claims, either orally or in writing, to possess either an academic degree or an honorary degree or the title associated with said degree, unless the person has, in fact, been awarded said degree from an institution that is:

(A) Accredited by a regional or professional accrediting agency recognized by the United States department of education or the council on postsecondary accreditation or is recognized as a candidate for accreditation by such an agency;

(B) Provided, operated, and supported by a state government or any of its political subdivisions or by the federal government;

(C) A school, institute, college, or university chartered outside the United States, the academic degree from which has been validated by an accrediting agency approved by the United States department of education as equivalent to the baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States;

(D) A religious seminary, institute, college, or university that offers only educational programs that prepare students for a religious vocation, career, occupation, profession, or lifework, and the nomenclature of whose certificates, diplomas, or degrees clearly identifies the religious character of the educational program;

(E) Authorized to grant degrees pursuant to article 2 of title 23, C.R.S.

(II) This paragraph (a) shall not apply to persons claiming degrees or certificates that were submitted as a requirement of the application process for licensure, certification, or registration pursuant to title 12, C.R.S.

(III) No person awarded a doctoral degree from an institution not listed in this subsection (1)(a) shall claim in the state, either orally or in writing, the title "Dr." before the person's name or any mark, appellation, or series of letters, numbers, or words, such as, but not limited to, "Ph.D.","Ed.D.", "D.N.", or "D.Th.", which signify, purport, or are generally taken to signify satisfactory completion of the requirements of a doctorate degree, after the person's name.

(b) Claims either orally or in writing to be a "dietitian", "dietician", "certified dietitian", or "certified dietician" or uses the abbreviation "C.D." or "D." to indicate that such person is a dietitian, unless such person:

(I) Possesses a baccalaureate, master's, or doctoral degree in human nutrition, foods and nutrition, dietetics, nutrition education, food systems management, or public health nutrition from an institution that is:

(A) Accredited by a regional or professional accrediting agency recognized by the United States department of education or the council on postsecondary accreditation or is recognized as a candidate for accreditation by such accrediting agency;

(B) Authorized to grant degrees pursuant to article 2 of title 23, C.R.S.; or

(C) A school, institute, college, or university chartered outside the United States, the academic degree from which has been validated by an accrediting agency approved by the United States department of education as equivalent to a baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States; and

(II) Meets one of the following:

(A) Completes at least nine hundred hours of a planned, continuous, preprofessional work experience in a nutrition or dietetic practice under the supervision of a qualified dietitian; or

(B) Holds a certificate of registered dietitian through the commission on dietetic registration;

(c) Repealed.

(d) (I) Claims either orally or in writing to be a "certified optician" or "certified opticien", unless such person holds a current certificate of competence issued by the American Board of Opticianry. Each certificate shall be prominently displayed or maintained in such person's place of business and made available for immediate inspection and review by any consumer or agent of the state of Colorado. No person may associate a service, product, or business name with the title "certified optician" unless such person holds the required certificate of competence. This subsection (1)(d) shall not apply to persons authorized under article 240 or 275 of title 12 to practice medicine or optometry.

(II) Performs or claims orally or in writing to be able to perform the following procedures, and such person is a certified optician:

(A) Vision therapy;

(B) Refractions;

(C) Automated refractions; except that a certified optician may use an auto refractor to provide vision screenings for the sole purpose of determining if the subject of the screening needs a further eye examination;

(D) Refractometry;

(E) Fitting contact lenses;

(F) Keratometry or automated keratometry; or

(G) Any other act that constitutes the practice of optometry or the practice of medicine.

(III) A certified optician does not engage in a deceptive trade practice under subparagraph (II) of this paragraph (d), if said optician performs the described procedures under the direction and supervision of a person who has statutory authority under title 12, C.R.S., to supervise the work of others within the scope of his or her license.

(e) (I) Claims to be a "sign language interpreter", "interpreter for the deaf", "deaf interpreter", "ASL-English interpreter", "American sign language (ASL) interpreter", "translator" for sign language, "transliterator", "certified sign language interpreter", "certified translator" for sign language, "certified interpreter for the deaf", "certified deaf interpreter", "certified ASL-English interpreter", "certified American sign language (ASL) interpreter", or "certified transliterator", unless the person holds:

(A) A currently valid certification issued by the Registry of Interpreters for the Deaf, Inc., or a successor entity; or

(B) Any currently valid certification for sign language interpretation that is approved by the Colorado commission for the deaf, hard of hearing, and deafblind.

(II) A person who uses any of the titles listed in this subsection (1)(e) shall make available for immediate inspection by any consumer or agent of the state:

(A) A currently valid certification from the Registry of Interpreters for the Deaf, Inc., or a successor entity; or

(B) A currently valid certification that is approved in accordance with subsection (1)(e)(I)(B) of this section.

(f) Claims to be a verified instructor for a firearms safety course that satisfies the requirements for a concealed handgun training class described in section 18-12-202.5, unless the person is verified as a firearms instructor by a sheriff pursuant to section 18-12-202.7.
C.R.S. § 6-24-109 — CO Code / Title 6 / Article 24 / Section 6-24-109
6-24-109. Burial memorial - changes - notice of ownership
Status: repealed

6-24-109. Burial memorial - changes - notice of ownership. (1) No person other than the owner of a burial memorial or a person authorized by the owner of the burial memorial shall make a change to the inscription on the burial memorial.

(2) If a burial memorial is to be placed at a grave space, niche, or crypt that is purchased on or after July 1, 2004, the cemetery authority shall give written notice to the purchaser of the grave space, niche, or crypt of who shall be the owner of the burial memorial and, as owner, who shall be entitled to make or authorize a change to the inscription on the burial memorial.

(3) Repealed.
C.R.S. § 6-23-105 — CO Code / Title 6 / Article 23 / Section 6-23-105
6-23-105. Enforcement
Status: in_force

6-23-105. Enforcement. This article 23 is not subject to enforcement by the attorney general or the district attorney pursuant to this title 6.
C.R.S. § 6-1-508 — CO Code / Title 6 / Article 1 / Part 5 / Section 6-1-508
6-1-508. Fraudulent acts
Status: in_force

6-1-508. Fraudulent acts. Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 5 with the intention of requiring payment of the cost of such repair to be made by a publicly funded program of public assistance, medical assistance, or rehabilitation assistance commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor.
C.R.S. § 6-1-1118 — CO Code / Title 6 / Article 1 / Part 11 / Section 6-1-1118
6-1-1118. Criminal penalties
Status: in_force

6-1-1118. Criminal penalties. 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 dollars, or both.
C.R.S. § 6-10-106 — CO Code / Title 6 / Article 10 / Section 6-10-106
6-10-106. Inventory filed where - bond
Status: in_force

6-10-106. Inventory filed where - bond. 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 to exceed six days from the date of the filing of the deed of assignment; and shall make and file a bond to the state of Colorado, for the use of the creditors in double the amount of the inventory and valuation, with sureties to be approved by such clerk for the faithful performance of said trust and for a full and complete accounting for and of all property that may come into his hands as such assignee. Such assignee has no authority to sell or dispose of, or convert to the purposes of the trust any part of such estate, until he has complied with the provisions of this section.
C.R.S. § 6-1-708 — CO Code / Title 6 / Article 1 / Part 7 / Section 6-1-708
6-1-708. Vehicle sales and leases - deceptive trade practice - definition
Status: in_force

6-1-708. Vehicle sales and leases - deceptive trade practice - definition. (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, such person:

(a) Commits any of the following acts pertaining to the sale or lease of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle:

(I) Guarantees to a purchaser or lessee of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle who conditions the purchase or lease on the approval of a consumer credit transaction as defined in section 5-1-301 (12) that such purchaser or lessee has been approved for a consumer credit transaction if the approval is not final. For purposes of this subsection (1)(a)(I), "guarantee" means a written document or oral representation between the purchaser or lessee and the person selling or leasing the vehicle that leads such purchaser or lessee to a reasonable good faith belief that the financing of the vehicle is certain.

(II) Accepts a used vehicle as a trade-in on the purchase or lease of a motor vehicle, used motor vehicle, powersports vehicle, or used powersports vehicle and sells or leases the vehicle that has been traded in before the purchaser or lessee has been approved for a consumer credit transaction as defined in section 5-1-301 (12) if the approval is a condition of the purchase or lease;

(III) Fails to return to the consumer any collateral or down payment tendered by the consumer conditioned upon a guarantee by a motor vehicle dealer, used motor vehicle dealer, powersports vehicle dealer, or used powersports vehicle dealer that a consumer credit transaction as defined in section 5-1-301 (12) has been approved if the approval was a condition of the sale or lease and if the financing is not approved and the consumer is required to return the vehicle;

(b) Fails to disclose in writing, prior to sale, to the purchaser that a motor vehicle is a salvage vehicle, as defined in section 42-6-102 (17), or that a vehicle was repurchased by or returned to the manufacturer from a previous owner for inability to conform the motor vehicle to the manufacturer's warranty in accordance with article 10 of title 42 or with any other state or federal motor vehicle warranty law, or knowingly fails to disclose in writing, prior to sale, to the purchaser that a motor vehicle or powersports vehicle has sustained material damage at any one time from any one incident.

(2) For purposes of this section, if a motor vehicle or used motor vehicle dealer guarantees financing and if approval for financing is a condition of the sale or lease, such motor vehicle or used motor vehicle dealer shall not retain any portion of such purchaser's down payment or any trade-in vehicle as payment of rent on any vehicle released by such dealer to such purchaser pending approval of financing even if such dealer has obtained a waiver of such purchaser's right to return a vehicle or has contracted for a rental agreement with such purchaser.
C.R.S. § 6-1-1309.5 — CO Code / Title 6 / Article 1 / Part 13 / Section 6-1-1309.5
6-1-1309.5. Data protection assessments - heightened risk of harm to minors
Status: in_force

6-1-1309.5. Data protection assessments - heightened risk of harm to minors. [Editor's note: This section is effective October 1, 2025.] (1) A controller that, on or after October 1, 2025, offers any online service, product, or feature to a consumer whom such controller actually knows or willfully disregards is a minor shall conduct a data protection assessment for the online service, product, or feature if there is a heightened risk of harm to minors. The controller shall conduct the data protection assessment:

(a) In a manner that is consistent with the requirements established in section 6-1-1309; and

(b) That addresses:

(I) The purpose of the online service, product, or feature;

(II) The categories of a minor's personal data that the online service, product, or feature processes;

(III) The purposes for which the controller processes a minor's personal data with respect to the online service, product, or feature; and

(IV) Any heightened risk of harm to minors that is a reasonably foreseeable result of offering the online service, product, or feature to minors.

(2) A controller that conducts a data protection assessment pursuant to subsection (1) of this section shall:

(a) Review the data protection assessment as necessary to account for any material change to the processing operations of the online service, product, or feature that is the subject of the data protection assessment; and

(b) Maintain documentation concerning the data protection assessment for the longer of:

(I) Three years after the date on which the processing operations cease; or

(II) The date the controller ceases offering the online service, product, or feature.

(3) A single data protection assessment may address a comparable set of processing operations that include similar activities.

(4) If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment is deemed to satisfy the requirements established in this section if the data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.

(5) If a controller conducts a data protection assessment pursuant to subsection (1) of this section or a data protection assessment review pursuant to subsection (2)(a) of this section and determines that the online service, product, or feature that is the subject of the assessment poses a heightened risk of harm to minors, the controller shall establish and implement a plan to mitigate or eliminate the heightened risk.

(6) (a) A data protection assessment conducted pursuant to this section:

(I) Is confidential, except as provided in subsection (6)(b) of this section; and

(II) Is not a public record, and is exempt from public inspection and copying, under the "Colorado Open Records Act", part 2 of article 72 of title 24.

(b) (I) A controller shall make a data protection assessment conducted pursuant to this section available to the attorney general upon request. The attorney general may evaluate the data protection assessment for compliance with section 6-1-1308.5 and with other laws, including this article 1.

(II) The disclosure of a data protection assessment pursuant to a request from the attorney general does not constitute a waiver of any attorney-client privilege or work-product protection that might otherwise exist with respect to the assessment and any information in the assessment.

(7) Data protection assessment requirements apply to processing activities created or generated after October 1, 2025, and are not retroactive.
C.R.S. § 6-1-105.5 — CO Code / Title 6 / Article 1 / Part 1 / Section 6-1-105.5
6-1-105.5. Hearing aid dealers - deceptive trade practices
Status: repealed

6-1-105.5. Hearing aid dealers - deceptive trade practices. (Repealed)