reglab/housing_qa huggingface dataset:
CO Code § 5-21-110 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-110. Administrative Enforcement Orders

  [ ] After notice and hearing, the administrator may order a mortgage servicer or a person acting in the mortgage servicer's behalf to cease and desist from engaging in violations of this article 21 or any rule or order lawfully made pursuant to this article 21. The order issued by the administrator may also require the mortgage servicer or person to make refunds to individuals of overcharges or other damages suffered by the borrower under this article 21 and a civil penalty in the amounts stated in 12 U.S.C. sec. 5565 (c)(2), all or part of which may be specifically designated for consumer and creditor educational purposes. When seeking civil penalties, the administrator shall consider the mitigating factors in 12 U.S.C. sec. 5565 (c)(3).    A mortgage servicer aggrieved by an order of the administrator may obtain judicial review of the order in the Colorado court of appeals. The administrator may obtain an order of the court for enforcement of the administrator's order in the district court under section 24-4-106. All proceedings under this section are governed by sections 24-4-105 and 24-4-106.    Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, § 1, effective January 1, 2022.
CO Code § 5-21-111 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-111. Assurance of Discontinuance

 [ ] If it is claimed that a person has violated this article 21, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. The assurance may also require the person to make refunds to individuals of unlawful charges under this article 21, pay a penalty authorized in section 5-21-110 , all or part of which may be specifically designated for consumer and creditor educational purposes, and reimburse the administrator for the administrator's reasonable costs incurred in investigating the conduct. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance, that person engaged in the conduct described in the assurance.  Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, § 1, effective January 1, 2022.
CO Code § 5-21-112 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-112. Injunctions

 [ ] The administrator may bring a civil action to restrain a person from violating this article 21 or rules promulgated pursuant to this article 21 and for other appropriate relief, including such orders or judgments as may be necessary to completely compensate or restore to the individual's original position any individual affected by the violation. The administrator may also apply for a temporary restraining order or a preliminary injunction against a respondent pending final determination of proceedings. No bond or other security is required of the administrator before relief under this section may be granted.  Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, § 1, effective January 1, 2022.
CO Code § 5-21-113 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-113. Civil Actions by the Administrator

  [ ] The administrator may bring a civil action against a mortgage servicer or any other person for any violations of this article 21. An action may relate to transactions with more than one individual. The court may order a mortgage servicer to refund to individuals overcharges or other damages suffered by the borrower collected in violation of this article 21 and may also assess civil penalties against the mortgage servicer as set forth in section 5-21-110. If the administrator prevails in an action brought under this section, the administrator may recover reasonable costs in investigating and bringing the action and may recover reasonable attorney fees. When determining whether to seek civil penalties under this section, the administrator shall consider whether the federal consumer financial protection bureau has imposed civil penalties on the same servicer for the same violation and any other mitigating factors, in order to avoid duplicative civil penalties. If the federal consumer financial protection bureau has been awarded and paid civil penalties based on a particular act or omission or a series of acts or omissions, civil penalties under section 5-21-110 that are based on the same acts or omissions are reduced by the same amount or to one thousand five hundred dollars per violation, whichever is less. The administrator shall, to the extent possible, coordinate with the federal consumer financial protection bureau before taking action in order to avoid duplication of investigations and penalties, unless the administrator's investigation or penalties relate to acts or omissions separate from the federal consumer financial protection bureau activities.    Nothing in this article 21:   Creates a private right of action; or    Affects any remedy that a borrower may have pursuant to law other than this article 21.       Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, § 1, effective January 1, 2022.
CO Code § 5-21-114 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-114. Limitations

 [ ] Notwithstanding article 80 of title 13, all actions brought under this article 21 must be commenced within four years after the date on which any violation of this article 21 occurred or the date on which the last in a series of the acts or practices occurred or within four years after the plaintiff discovered or in the exercise of reasonable diligence should have discovered the occurrence of a violation of this article 21; except that the period of limitation provided in this section may be extended for a period of one year if the plaintiff proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the plaintiff to refrain from or postpone the commencement of the action.  Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3443, § 1, effective January 1, 2022.
CO Code § 5-21-115 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-115. Confidential Information

  [ ] The administrator shall not make public the name or identity of a person whose acts or conduct the administrator investigates or examines pursuant to this article 21 or the facts disclosed in the investigation or examination.    The administrator may disclose notification records provided to the administrator and other contents of the records maintained pursuant to this article 21, but the administrator shall not make public the confidential information contained in the records.    The restrictions on the disclosure of information in subsections (1) and (2) of this section do not apply to disclosures by the administrator in actions or enforcement proceedings pursuant to this article 21.    Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3443, § 1, effective January 1, 2022.
CO Code § 5-21-116 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)|§ 5-21-116. Reporting

  [ ] The department of law shall include in its annual presentations held pursuant to section 2-7-203 updates concerning the administration of this article 21, including:   Complaints data, enforcement actions, and other relevant regulatory data; and    The use of fees collected by the administrator pursuant to this article 21 and the use of fees subject to section 12-10-718 that are reappropriated to the department of law pursuant to section 12-10-719.       Editor's note: This section is effective January 1, 2022.  History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3444, § 1, effective January 1, 2022.
CO Code § 6-2-101 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-101. Short Title

 This article shall be known and may be cited as the “Unfair Practices Act”.   History. Source: L. 37: P. 1287, § 14. CSA: C. 48, § 302(13). L. 41: P. 824, § 13. L. 49: P. 349, § 17. CRS 53: § 55-2-17. C.R.S. 1963: § 55-2-17. History. Source: L. 37: P. 1287, § 14. CSA: C. 48, § 302(13). L. 41: P. 824, § 13. L. 49: P. 349, § 17. CRS 53: § 55-2-17. C.R.S. 1963: § 55-2-17.    ANNOTATION   Law reviews. For article, “The Unfair Practices Act of Colorado and Its Recent Amendment”, see 26 Dicta 162 (1949). For article, “May Regulated Utilities Monopolize the Sun?”, see 56 Den. L.J. 31 (1979). For article, “Utility Use of Renewable Resources: Legal and Economic Implications”, see 59 U. Den. L.J. 663 (1982). For comment, “Antitrust Law in Colorado: Back on Track”, see 60 Den. L.J. 645 (1983). For article, “Franchise Regulation”, see 15 Colo. Law. 395 (1986). For note, “Permissible and Impermissible Vertical Restraints Under the Sherman Antitrust Act: Does 'Justice' Care?”, see 63 Den. U. L. Rev. 127 (1986).
CO Code § 6-2-102 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-102. Legislative Declaration

 The general assembly declares that the purpose of this article is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This article shall be liberally construed so that its beneficial purposes may be subserved.   History. Source: L. 41: P. 824, § 12. CSA: C. 48, § 302(12). L. 49: P. 349, § 16. CRS 53: § 55-2-16. C.R.S. 1963: § 55-2-16. History. Source: L. 41: P. 824, § 12. CSA: C. 48, § 302(12). L. 49: P. 349, § 16. CRS 53: § 55-2-16. C.R.S. 1963: § 55-2-16.    ANNOTATION   Law reviews. For article, “One Year Review of Constitutional and Administrative Law”, see 34 Dicta 79 (1957). For article, “May Regulated Utilities Monopolize the Sun?”, see 56 Den. L.J. 31 (1979).   The conclusion of the general assembly that predatory price wars are contrary to the interests of the public and that temporary public price advantages will ultimately lead to monopoly and prices uncontrolled by the forces of competition is not so ill founded as to be contrary to the law or the constitution. Flank Oil Co. v. Tennessee Gas Transmission Co., 141 Colo. 554 , 349 P.2d 1005 (1960).
CO Code § 6-2-104 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-104. Personal Responsibility

  Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible equally with the person, firm, or corporation for which he acts.    In the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which he acts.     History. Source: L. 37: P. 1281, § 2. CSA: C. 48, § 302(2). L. 41: P. 821, § 2. L. 49: P. 343, § 2. CRS 53: § 55-2-2. C.R.S. 1963: § 55-2-2. History. Source: L. 37: P. 1281, § 2. CSA: C. 48, § 302(2). L. 41: P. 821, § 2. L. 49: P. 343, § 2. CRS 53: § 55-2-2. C.R.S. 1963: § 55-2-2.
CO Code § 6-2-106 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-106. How Cost Established

 In establishing the cost of a given product to the distributor and vendor, the invoice cost of the product purchased at a forced, bankrupt, closeout sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of date of said sale of the product replaced through the ordinary channels of trade, unless the product is kept separate from goods purchased in the ordinary channels of trade and unless the product is advertised and sold as merchandise purchased at a forced, bankrupt, closeout sale, or by means other than through the ordinary channels of trade. The advertising shall state the conditions under which said goods were purchased and the quantity of such merchandise to be sold or offered for sale.   History. Source: L. 37: P. 1283, § 4. CSA: C. 48, § 302(4). L. 41: P. 822, § 4. L. 49: P. 344, § 4. CRS 53: § 55-2-4. C.R.S. 1963: § 55-2-4. L. 2007: Entire section amended, p. 514, § 3, effective April 16. History. Source: L. 37: P. 1283, § 4. CSA: C. 48, § 302(4). L. 41: P. 822, § 4. L. 49: P. 344, § 4. CRS 53: § 55-2-4. C.R.S. 1963: § 55-2-4. L. 2007: Entire section amended, p. 514, § 3, effective April 16.
CO Code § 6-2-107 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-107. Allegation and Proof - Evidence

 In any injunction proceeding or in the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which he acts. Where a particular trade or industry of which the person, firm, or corporation complained against is a member has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within the provisions of this article.   History. Source: L. 37: P. 1283, § 5. CSA: C. 48, § 302(5). L. 41: P. 822, § 5. L. 49: P. 344, § 5. CRS 53: § 55-2-5. C.R.S. 1963: § 55-2-5. History. Source: L. 37: P. 1283, § 5. CSA: C. 48, § 302(5). L. 41: P. 822, § 5. L. 49: P. 344, § 5. CRS 53: § 55-2-5. C.R.S. 1963: § 55-2-5.    ANNOTATION   Evidence of intent sufficient for injunction. Defendant's refusal to attend meetings for the purpose of reaching an agreement on the cost of doing business and asserting that he did not think the law could be enforced indicated an intent not to obey it; this, and other, evidence was sufficient to warrant injunction against violation of law. Dikeou v. Food Distribs. Ass'n, 107 Colo. 38 , 108 P.2d 529 (1940).
CO Code § 6-2-108 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-108. Secret Rebates or Refunds Prohibited

 [ ] The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice. Any person, firm, partnership, corporation, or association resorting to such unfair trade practice commits a class 2 misdemeanor.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 37: P. 1284, § 7. CSA: C. 48, § 302(7). L. 41: P. 823, § 7. L. 49: P. 345, § 7. CRS 53: § 55-2-7. C.R.S. 1963: § 55-2-7. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3134, § 59, effective March 1, 2022. History. Source: L. 37: P. 1284, § 7. CSA: C. 48, § 302(7). L. 41: P. 823, § 7. L. 49: P. 345, § 7. CRS 53: § 55-2-7. C.R.S. 1963: § 55-2-7. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3134, § 59, effective March 1, 2022.
CO Code § 6-2-109 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 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.   History. Source: L. 37: P. 1285, § 9. CSA: C. 48, § 302(8). L. 41: P. 823, § 8. L. 49: P. 345, § 8. CRS 53: § 55-2-8. C.R.S. 1963: § 55-2-8. History. Source: L. 37: P. 1285, § 9. CSA: C. 48, § 302(8). L. 41: P. 823, § 8. L. 49: P. 345, § 8. CRS 53: § 55-2-8. C.R.S. 1963: § 55-2-8.    ANNOTATION   Law reviews. For article, “An Introduction to the Economic Analyses of Contract Remedies”, see 57 U. Colo. L. Rev. 683 (1986).   Section 6-2-108 excluded. Since the reference in § 6-2-109 is “to” § 6-2-108 , that section is excluded and § 6-2-109 is inapplicable to secret rebates or refunds. Q-T Mkts., Inc. v. Fleming Cos., 394 F. Supp. 1102 (D. Colo. 1975 ).
CO Code § 6-2-110 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-110. When Provisions Not Applicable

  The provisions of sections 6-2-105 to 6-2-107 shall not apply to any sale made:   In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, if notice is given to the public thereof;    When the goods are damaged or deteriorated in quality and notice is given to the public thereof;    By an officer acting under the orders of any court;    In an endeavor made in good faith to meet the prices of a competitor selling the same product or service in the same locality or trade area.       Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation shall be construed to be a vendor within the meaning of this article.     History. Source: L. 37: P. 1283, § 6. CSA: C. 48, § 302(6). L. 41: P. 822, § 6. L. 49: P. 344, § 6. CRS 53: § 55-2-6. C.R.S. 1963: § 55-2-6. L. 2007: (1)(d) amended, p. 514, § 4, effective April 16. History. Source: L. 37: P. 1283, § 6. CSA: C. 48, § 302(6). L. 41: P. 822, § 6. L. 49: P. 344, § 6. CRS 53: § 55-2-6. C.R.S. 1963: § 55-2-6. L. 2007: (1)(d) amended, p. 514, § 4, effective April 16.    ANNOTATION   Law reviews. For article, “Antitrust and the Lay Lawyer”, see 44 Den. L.J. 558 (1967).   The term “trade area” as used in this section is not limited in terms of the immediate geographic area of the business. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).   So where there are a significant number of persons who would leave a particular merchant's immediate area and go to an adjoining area as a result of advertisement from that area's newspapers, that merchant should be allowed to meet those advertised prices without violating this statute. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).   For example, Boulder merchant may meet Denver prices. In the light of the mobility of our population, and the proclivity of residents of Boulder to shop throughout the Denver metropolitan area, a Boulder merchant may meet Denver prices. Val Vu, Inc. v. Lacey, 31 Colo. App. 55, 497 P.2d 723 (1972).
CO Code § 6-2-112 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-112. Testimony - Books and Records

 In an action brought under this article, any defendant may be required to testify under subpoena duly issued in pursuance to the Colorado rules of civil procedure, and the books and records of any such defendant may be brought into court and introduced into evidence. No information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of this article.   History. Source: L. 49: P. 347, § 10. CSA: C. 48, § 302(9a). CRS 53: § 55-2-10. C.R.S. 1963: § 55-2-10. History. Source: L. 49: P. 347, § 10. CSA: C. 48, § 302(9a). CRS 53: § 55-2-10. C.R.S. 1963: § 55-2-10.
CO Code § 6-2-113 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-113. Selling Below Cost

 For the purposes of this article, in all sales involving more than one product or service and in all sales involving the giving of any concession of any kind, the combined total selling price of all products or services shall be compared to the combined total cost of all products or services involved in the sales to determine whether the vendor or distributor is selling below cost.   History. Source: L. 49: P. 347, § 11. CSA: C. 48, § 302(9b). CRS 53: § 55-2-11. C.R.S. 1963: § 55-2-11. L. 2007: Entire section amended, p. 514, § 5, effective April 16. History. Source: L. 49: P. 347, § 11. CSA: C. 48, § 302(9b). CRS 53: § 55-2-11. C.R.S. 1963: § 55-2-11. L. 2007: Entire section amended, p. 514, § 5, effective April 16.    ANNOTATION   Where the ability to make a purchase at a concession price is expressly contingent on the purchase of other goods, the concession goods are sold below cost only if the total price paid by the customer for the goods involved in such linked transactions is below the total cost of such goods. Parish Oil Co. v. Dillon Cos., 523 F.3d 1244 (10th Cir. 2008) (decided under law in effect prior to 2007 amendment).   A grocery store may sell gasoline below cost if such sales are conditioned on the purchase of enough groceries above cost that the entire series of transactions comes in at a profit. Parish Oil Co. v. Dillon Cos., 523 F.3d 1244 (10th Cir. 2008) (decided under law in effect prior to 2007 amendment).
CO Code § 6-2-114 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 2 - Unfair Practices Act|§ 6-2-114. Advertising Goods Not Available

 It is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement.   History. Source: L. 49: P. 347, § 12. CSA: C. 48, § 309(9c). CRS 53: § 55-2-12. C.R.S. 1963: § 55-2-12. History. Source: L. 49: P. 347, § 12. CSA: C. 48, § 309(9c). CRS 53: § 55-2-12. C.R.S. 1963: § 55-2-12.