reglab/housing_qa huggingface dataset:
CO Code § 5-16-125 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-125. Unlawful Acts

  In addition to the unlawful acts specified in sections 5-16-112 and 5-16-115, it is unlawful and a violation of this article 16 for any person:   To refuse or fail to comply with section 5-16-104, 5-16-105, 5-16-106, 5-16-107, 5-16-108, 5-16-109, 5-16-110, 5-16-118, 5-16-119 (1), or 5-16-123 (1)(b) to (1)(e) or (2);    To aid or abet any person operating or attempting to operate in violation of this article 16, including but not limited to section 5-16-115; except that nothing in this article 16 shall prevent any licensed collection agency from accepting, as forwardee, claims for collection from any collection agency or attorney whose place of business is outside this state;    To recover or attempt to recover treble damages for any check, draft, or order not paid on presentment without complying with the provisions of section 13-21-109.       It is unlawful and a violation of this article 16 for any licensee or any attorney representing a licensee to invoke a cognovit clause in any note so as to confess judgment.    It is unlawful and a violation of this article 16 for any licensee to render or to advertise that it will render legal services; except that a licensee may solicit claims for collection and take assignments and pursue the collection thereof subject to the provisions of law concerning the unauthorized practice of law.    It is unlawful and a violation of this article 16 for any licensee, collections manager, debt collector, or solicitor to:   Refuse or fail to comply with a rule adopted pursuant to this article 16 or any lawful order of the administrator; or    Aid or abet any person in such refusal or failure.       It is unlawful and a violation of this article 16 for any person to falsify any information or make any misleading statements in any application authorized under this article 16.    Any officer or agent of a corporation who personally participates in any violation of this article 16 shall be subject to the penalties prescribed in section 5-16-126 for individuals.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1100, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-128 as it existed prior to 2017.
CO Code § 5-16-125.5 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-125.5. Statute of Limitations - Actions by Administrator

 An action or proceeding brought by the administrator pursuant to this article 16 or pursuant to any rule issued by the administrator under this article 16 must be brought within two years after the date on which the violation occurred.   History. Source: L. 2017: Entire section added,(SB 17-216), ch. 285, p. 1581, § 9, effective June 1.    Editor's note:   This section was numbered as § 12-14-128.5 in SB 17-216 (see L. 2017, p. 1581 ). That provision was relocated and harmonized with this article as it appears in HB 17-1238.
CO Code § 5-16-126 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-126. Criminal Penalties

 Any person who violates any provision of section 5-16-125 (1) , (2), (3), or (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501 .   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1101, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-129 as it existed prior to 2017.
CO Code § 5-16-128 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-128. Debt Collectors for the Department of Personnel - Complaint - Disciplinary Procedures

  Any interested person may file a written complaint with the executive director of the department of personnel charging a debt collector in the employ of the department of personnel with a violation of:   This article 16 or a rule promulgated pursuant to this article 16;    A lawful order of the state board of ethics; or    The standards of conduct set forth in the code of conduct developed by the department of personnel for such debt collectors.       Each complaint filed pursuant to this section shall be referred to the executive director of the department of personnel who shall conduct an investigation to determine if a violation of subsection (1) of this section occurred. If the executive director makes a determination that a violation did occur, the debt collector who is the subject of the complaint shall be subject to the disciplinary procedures set forth in rules adopted by the state personnel board. If a determination made pursuant to this subsection (2) is unsatisfactory to any party, an appeal may be made to the board of ethics for the executive branch of state government in the office of the governor.    If the executive director of the department of personnel, or the board of ethics in the case of an appeal, makes a determination that a debt collector in the employ of the department of personnel has acted in violation of this article 16 or a rule promulgated pursuant to this article 16, a lawful order of the state board of ethics, or the code of conduct described in subsection (1)(c) of this section, the determination shall be made a part of the personnel file of the debt collector against whom the complaint was filed.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1103, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-130.1 as it existed prior to 2017.
CO Code § 5-16-129 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-129. Records

 The administrator shall keep a suitable record of all license applications and bonds required to be filed. The record shall state whether a license has been issued under the application and bond and, if revoked, the date of the filing of the order of revocation. The administrator shall keep a list of each person who has had a license revoked or has been terminated as a collections manager for a violation of this article 16. In the record, all licenses issued shall be indicated by their serial numbers and the names and addresses of the licensees. This section shall apply to renewal applications and renewal licenses. The record shall be open for inspection as a public record in the office of the administrator.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-131 as it existed prior to 2017.
CO Code § 5-16-130 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-130. Jurisdiction of Courts

 County courts shall have concurrent jurisdiction with the district courts of this state in all criminal prosecutions for violations of this article 16.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-132 as it existed prior to 2017.
CO Code § 5-16-131 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-131. Duty of District Attorney

 It is the duty of the district attorney to prosecute all violations of the provisions of this article 16 occurring within his or her district.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-133 as it existed prior to 2017.
CO Code § 5-16-132 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-132. Remedies

 The remedies provided in this article 16 are in addition to and not exclusive of any other remedies provided by law.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-134 as it existed prior to 2017.   ANNOTATION   Because it apparently was not the general assembly's intention to abrogate pre-existing common law duties and remedies by the enactment of this statutory scheme, plaintiff suing a collection agency under former § 12-14-113 may recover exemplary damages in addition to damages provided under the statute. Virdanco, Inc. v. MTS Int'l, 820 P.2d 352 (Colo. App. 1991) (decided under former § 12-14-134 ).
CO Code § 5-16-133 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-133. Injunction - Receiver

 The district court in and for the city and county of Denver, upon application of the administrator, may issue an injunction or other appropriate order restraining any person from a violation of this article 16 and may appoint a receiver or award other relief to effectuate the provisions of this article 16; order restitution for consumers or creditors for violations of this article 16; impose civil penalties up to one thousand five hundred dollars per violation of this article 16; and award reasonable costs and attorney fees to the administrator if the administrator prevails in an action brought under this article 16. This provision shall be in addition to any other remedy and shall not prohibit the enforcement of any other law. The administrator shall not be required to show irreparable injury or to post a bond.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-135 as it existed prior to 2017.   ANNOTATION   Attorney fees award not dischargeable under the federal bankruptcy code. The award is sufficiently penal to constitute a “fine, penalty, or forfeiture”. State v. Robert J. Hopp & Assocs., 2018 COA 71 , 422 P.3d 617.
CO Code § 5-16-134 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-134. Disposition of Fees and Fines

     All revenue, except fines, collected pursuant to this article 16 shall be collected by the administrator and transmitted to the state treasurer, who shall credit the same to the collection agency cash fund, which fund is hereby created and referred to in this section as the “fund”. The general assembly shall make annual appropriations from the fund for the uses and purposes of this article 16. All revenue credited to the fund, including earned interest, shall be used for the administration and enforcement of this article 16.    Notwithstanding any provision of subsection (1)(a) of this section to the contrary, on March 27, 2002, the state treasurer shall deduct four hundred sixty-two thousand dollars from the fund and transfer such sum to the general fund.    Notwithstanding any provision of subsection (1)(a) of this section to the contrary, on March 5, 2003, the state treasurer shall deduct one hundred twenty thousand dollars from the fund and transfer such sum to the general fund.       All fines collected pursuant to this article 16, including but not limited to fines collected pursuant to section 5-16-127, shall be collected by the administrator and transmitted to the state treasurer, who shall credit the same to the general fund.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.    Editor's note:   This section is similar to former § 12-14-136 as it existed prior to 2017.
CO Code § 5-16-134.5 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-134.5. Debts Sold or Resold After January 1, 2018

 This article 16 applies to debt buyers with respect to consumer debts sold or resold on or after January 1, 2018.   History. Source: L. 2017: Entire section added,(SB 17-216), ch. 285, p. 1581, § 11, effective June 1.    Editor's note:   This section was numbered as § 12-14-136.5 in SB 17-216 (see L. 2017, p. 1581 ). That provision was relocated and harmonized with this article as it appears in HB 17-1238.
CO Code § 5-16-135 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 16 - Colorado Fair Debt Collection Practices Act|§ 5-16-135. Repeal of Article

 This article 16 is repealed, effective September 1, 2028. Before its repeal, this article 16 is scheduled for review in accordance with section 24-34-104 .   History. Source: L. 2017: Entire section amended,(SB 17-216), ch. 285, p. 1577, § 2, effective June 1; entire article added with relocations,(HB 17-1238), ch. 260, p. 1105, § 1, effective August 9.    Editor's note:    This section is similar to former § 12-14-137 as it existed prior to 2017.    This section was numbered as § 12-14-137 in SB 17-216 (seeL. 2017, p. 1577). That provision was harmonized with this section as it appears in HB 17-1238.
CO Code § 5-17-101 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-101. Legislative Declaration

 The general assembly finds and determines that, to ensure that families receive the maximum amount of child support established by court or administrative order, additional consumer protections are needed for parents entitled to receive child support who contract with private collection agencies for the collection of child support.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1105, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-101 as it existed prior to 2017.
CO Code § 5-17-103 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-103. Application of the “Colorado Fair Debt Collection Practices Act”

  Except as otherwise provided by the particular provisions of this article 17, this article 17 supplements the requirements of the “Colorado Fair Debt Collection Practices Act”, article 16 of this title 5, including but not limited to prohibited practices, licensing, and administrative and legal enforcement as it is applied to private child support collectors.    Article 16 of this title 5 also applies to private child support collectors.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1107, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-103 as it existed prior to 2017.
CO Code § 5-17-105 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-105. Fees

  A private child support collector may not charge an obligee a fee unless:   Before the obligee authorizes the fee, the amount of the fee, including the basis upon which the amount of the fee is calculated, is described accurately to the obligee in simple, easy-to-understand language; and    Before the obligee incurs the fee, the obligee has authorized the fee in writing.       A collector's contract with an obligee shall be for a specific dollar amount of child support to be collected. The contract shall explain in easy-to-understand language how the amount is to be calculated and may include any statutory interest to which the obligee is entitled and other amounts ordered by the court.    A collector may charge a contingency fee for the collection of child support that is based on a percentage of the total child support collected.    The maximum fee that may be charged by a collector as specified in subsection (3) of this section shall not exceed thirty-five percent of any amount collected.    No other fees, charges, or costs may be assessed against the obligee, including an application fee.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1108, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-105 as it existed prior to 2017.
CO Code § 5-17-107 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-107. Accounting for Collections

  A collector shall, on a monthly basis, provide to the obligee an accurate and up-to-date accounting that meets the requirements of rules promulgated by the administrator under section 5-17-113. The accounting shall be provided to the obligee by mail, telephone, or secure internet connection. The obligee shall request in writing the preferred method that the collector should use to provide the accounting to the obligee.    In addition to the monthly accounting required pursuant to subsection (1) of this section, on request of the obligee at any time, the collector shall provide the obligee with any information pertaining to the case of the obligee, including the information described in this section, not more than five business days after the date the collector receives the request.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1111, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-107 as it existed prior to 2017.
CO Code § 5-17-108 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-108. Verification of Account Information

  In lieu of section 5-16-109, the following verification provisions shall apply to the collection of child support by a collector:   Not later than five days after a collector initially communicates with an obligor on behalf of an obligee with respect to the collection of child support due, unless the obligor has paid the child support, the collector shall send the obligor a written notice containing the following:   The name of the obligee;    A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and of the amount of the current child support owed by the obligor to the obligee;    A statement that the collector assumes that the obligor owes child support to the obligee and that the amounts owed as described in the statement pursuant to subsection (1)(a)(II) of this section are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice;    A statement that if, within the thirty-day period described in subsection (1)(a)(III) of this section, the obligor notifies the collector in writing that the obligor disputes the existence or amount of the child support obligation, the collector will cease efforts to collect the child support, subject to subsection (1)(b) of this section, until the collector:   Obtains written verification of the existence or amount of the obligation or a copy of the judgment against the obligor; and    Mails to the obligor a copy of the verification or judgment; and       A statement that the arrears balance reflected does not include any amounts owed to a county delegate child support enforcement unit or state agency administering a state plan approved under Title IV-D of the federal “Social Security Act”, as amended.       A statement made by a collector pursuant to subsection (1)(a)(IV) of this section shall not affect the enforceability of a valid income-withholding order or assignment issued by an appropriate authority under state law for child support collection purposes.    The failure of an obligor to dispute the amount or existence of child support pursuant to subsection (1)(a)(IV) of this section shall not be construed as an admission of liability by the obligor.        History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1111, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-108 as it existed prior to 2017.
CO Code § 5-17-109 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-109. Cancellation or Termination of Private Child Support Enforcement Service Contract

  An obligee may cancel a private child support enforcement service contract with a collector at any time within thirty days of signing the contract or after any twelve consecutive months in which the collector fails to make a collection. The notification of cancellation shall be in writing and shall be effective upon receipt of the notice by the collector. If the notification of cancellation is received by the collector subsequent to the thirty-day time period following the signing of the contract, the notification shall be valid if post-marked within the thirty-day time period.    Subject to the provisions of subsection (3) of this section, a private child support enforcement service contract may provide that, notwithstanding the cancellation of the contract by the obligee, the collector shall have the right to receive a fee for arrears collected under the contract if, as a result of the efforts of the collector, the obligee subsequently receives child support arrears or interest subject to collection pursuant to the contract. No other fees or costs shall be assessed for the cancellation of the contract.    An obligee shall have no obligation pursuant to the private child support enforcement service contract if:   The obligee cancels the contract:   At any time before midnight of the thirtieth business day after signing the contract; or    After any twelve consecutive months in which the private child support collector fails to make a collection; or       The collector violates this article 17 with respect to the contract.       A contract shall terminate without action by either party when the contract amount has been collected.     History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1112, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-109 as it existed prior to 2017.
CO Code § 5-17-110 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-110. Civil Liability

 The provisions of section 5-16-113 , with the exception of the statute of limitations set forth in section (5) , shall apply to any violation of this article 17 and are in addition to and not exclusive of any other remedies provided by law.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1112, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-110 as it existed prior to 2017.
CO Code § 5-17-111 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 17 - Colorado Child Support Collection - Consumer Protection Act|§ 5-17-111. Administrative Enforcement

 This article 17 shall be enforced by the administrator, as defined in section 5-16-103 (1) , and may be enforced as provided in article 16 of this title 5. Except as otherwise provided in or limited by this article 17, all rules adopted pursuant to section 5-16-114 shall apply to this article 17.   History. Source: L. 2017: Entire article added with relocations,(HB 17-1238), ch. 260, p. 1113, § 2, effective August 9.    Editor's note:   This section is similar to former § 12-14.1-111 as it existed prior to 2017.