reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-511 - Disclosures

(1)
Prior to the sale of any facilitative device, the seller shall disclose whether the facilitative device is new or used and whether any warranty applies to such facilitative device.
(2)
Upon delivery of a new or used facilitative device, the seller shall advise the consumer of any warranty rights under this part 5 and the facilitative device's maintenance schedule and operating instructions and shall provide the consumer with a copy of the owner's manual.
(3)
The disclosure required pursuant to subsection (1) of this section and the advisement required pursuant to subsection (2) of this section shall be in writing and shall, in the case of a consumer who is a person adjudicated not mentally competent, be provided to the guardian, parent, legal custodian, or primary caregiver of such person.
L. 98: Entire part added, p. 201, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 6 - [Repealed] SELLERS OF MANUFACTURED HOMES - REGISTRATION, ESCROW AND BONDING, AND CONTRACT REQUIREMENTS (§ 6-1-601) › Section 6-1-601 - to 6-1-606 - [Repealed]

L. 2003: Entire part repealed, p. 532, § 1, effective March 5.
This part 6 was added in 1999 and was not amended prior to its repeal in 2003. For the text of this part 6 prior to 2003, consult the 2002 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 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.
L. 99: Entire part added with relocations, p. 641, § 2, effective May 18. L. 2004: Entire section R&RE, p. 406, § 1, effective August 4. L. 2005: (3) added, p. 463, § 1, effective May 4.
This section is similar to former § 6-1-105 (1) (p.3), (1)(p.5), and (1)(p.7), as it existed prior to 1999.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 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.
L. 99: Entire part added with relocations, p. 646, § 2, effective May 18.
This section is similar to former § 6-1-105 (1)(bb), as it existed prior to 1999.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-709 - Sales of manufactured and tiny homes - deceptive trade practices

A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person engages in conduct that constitutes an unlawful manufactured home sales practice or an unlawful tiny home sales practice, as either sales practice is described in section
24-32-3326
.
Amended by 2022 Ch. 172,§26, eff. 8/10/2022.
L. 99: Entire part added with relocations, p. 651, § 2, effective May 18. L. 2003: Entire section amended, p. 550, § 5, effective March 5.
(1) This section is similar to former § 6-1-105 (1)(qq), as it existed prior to 1999.
(2) Section
6-1-105(1)(qq)
as amended by House Bill 99-1270 was harmonized with Senate Bill 99-143 and relocated to this section.
2022 Ch. 172, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-711 - Restrictions on credit card receipts - legislative declaration - application - definitions

(1)
The general assembly hereby finds, determines, and declares that credit, particularly the use of credit cards, is an important tool for consumers in today's economy. Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account. The general assembly, therefore, finds, determines, and declares that protection from unauthorized use of credit card accounts is necessary.
(2)
No person that accepts credit cards for the transaction of business shall print more than the last five digits of the credit card account number or print the credit card expiration date, or both, on a credit card receipt.
(3)
This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.
(4)
For the purposes of this section, "credit card" means a card or device existing for the purpose of obtaining money, property, labor, or services on credit; those cards pursuant to which unpaid balances are payable upon demand; and any card or device used to withdraw moneys from a bank account.
(5)
(a)
Except as provided in paragraph (c) of this subsection (5), this section shall apply to any entity formed on and after April 25, 2002, that uses a cash register or any other machine or device that electronically imprints receipts on credit card transactions and is placed into service on or after April 25, 2002.
(b)
Except as provided in paragraph (c) of this subsection (5), on and after January 1, 2004, this section shall apply to any cash register and any other machine or device that electronically imprints receipts on credit card transactions for entities that were formed on or before April 25, 2002.
(c)
On and after January 1, 2005, this section shall apply to:
(I)
Institutions of higher education; and
(II)
Persons who employ no more than twenty-five employees or who have generated no more than five million dollars annually in revenues from the person's business activities.
L. 2002: Entire section added, p. 379, § 1, effective April 25. L. 2006: (2) amended, p. 1324, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 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.
Amended by 2018 Ch. 266,§ 1, eff. 9/1/2018.
L. 2004: Entire section added, p. 1959, § 2, effective August 4. L. 2018: (1), (2), and (3) amended, (HB 18-1128), ch. 266, p. 1632, § 1, effective September 1.
This section was originally numbered as §
6-1-712
in House Bill 04-1311, but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-713.5 - Protection of personal identifying information - definition

(1)
To protect personal identifying information, as defined in section
6-1-713(2)
, from unauthorized access, use, modification, disclosure, or destruction, a covered entity that maintains, owns, or licenses personal identifying information of an individual residing in the state shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal identifying information and the nature and size of the business and its operations.
(2)
Unless a covered entity agrees to provide its own security protection for the information it discloses to a third-party service provider, the covered entity shall require that the third-party service provider implement and maintain reasonable security procedures and practices that are:
(a)
Appropriate to the nature of the personal identifying information disclosed to the third-party service provider; and
(b)
Reasonably designed to help protect the personal identifying information from unauthorized access, use, modification, disclosure, or destruction.
(3)
For the purposes of subsection (2) of this section, a disclosure of personal identifying information does not include disclosure of information to a third party under circumstances where the covered entity retains primary responsibility for implementing and maintaining reasonable security procedures and practices appropriate to the nature of the personal identifying information and the covered entity implements and maintains technical controls that are reasonably designed to:
(a)
Help protect the personal identifying information from unauthorized access, use, modification, disclosure, or destruction; or
(b)
Effectively eliminate the third party's ability to access the personal identifying information, notwithstanding the third party's physical possession of the personal identifying information.
(4)
A covered entity that is regulated by state or federal law and that maintains procedures for protection 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.
(5)
For the purposes of this section, "third-party service provider" means an entity that has been contracted to maintain, store, or process personal identifying information on behalf of a covered entity.
Added by 2018 Ch. 266,§ 2, eff. 9/1/2018.
L. 2018: Entire section added, (HB 18-1128), ch. 266, p. 1633, § 2, effective September 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 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.
L. 2005: Entire section added, p. 372, § 2, effective April 22.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-717 - Influencing a real estate appraisal - deceptive trade practice

(1)
A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, the person:
(a)
Knowingly submits a false or misleading appraisal in connection with a dwelling offered as security for repayment of a mortgage loan; or
(b)
Directly or indirectly compensates, coerces, or intimidates an appraiser, or attempts, directly or indirectly, to compensate, coerce, or intimidate an appraiser, for the purpose of influencing the independent judgment of the appraiser with respect to the value of a dwelling offered as security for repayment of a mortgage loan.
(2)
The prohibition referred to in subsection (1) of this section shall not be construed as prohibiting a person from requesting an appraiser to:
(a)
Consider additional, appropriate property information;
(b)
Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(c)
Correct errors in the appraisal report.
L. 2007: Entire section added, p. 1727, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-720 - [Effective Until 8/7/2024] Online event 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, such 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; or
(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.
(2)
As used in this section, unless the context otherwise requires:
(a)
"In excess of authorized limits", with regard to an online purchase of tickets, means exceeding a restriction on the number of individual tickets that can be purchased by any single person or circumventing any other terms and conditions of access to an online event ticket sale established by the event sponsor or promoter.
(b)
"Online event ticket sale" means an electronic system utilized by the sponsor or promoter of a sporting or entertainment event to sell tickets to such event to the public over the internet.
(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)
.
L. 2008: Entire section added, p. 2229, § 1, effective July 1. L. 2009: (4) amended, (SB 09 -054), ch. 138, p. 597, § 3, effective August 5.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-722 - Gift certificates - validity - exemptions - definitions

(1)
(a)
As used in this section, "gift card" means a prefunded tangible or electronic record of a specific monetary value evidencing an issuer's agreement to provide goods, services, credit, money, or anything of value. A "gift card" includes, but is not limited to, a tangible card; electronic card; stored-value card; or certificate or similar instrument, card, or tangible record, all of which contain a microprocessor chip, magnetic chip, or other means for the storage of information and for which the value is decremented upon each use. A "gift card" does not include a prefunded tangible or electronic record issued by, or on behalf of, any government agency; a gift certificate that is issued only on paper; a prepaid telecommunications or technology card; a card or certificate issued to a consumer pursuant to an awards, loyalty, or promotional program for which no money or other item of monetary value was exchanged; or a card that is donated or sold below face value at a volume discount to an employer or charitable organization for fundraising purposes.
(b)
This section shall not apply to gift cards that are usable with multiple sellers of goods or services. This exception shall not apply to a gift card usable only with affiliated sellers of goods or services.
(2)
On and after August 11, 2010, the issuer shall redeem the remaining value of a gift card for cash if the amount remaining is five dollars or less on request of the holder.
(3)
It is unlawful for any person or entity to sell to a purchaser a gift card that contains a service fee, a dormancy fee, an inactivity fee, a maintenance fee, or any other type of fee.
(4)
A violation of this section shall be deemed a deceptive trade practice as provided in section
6-1-105(1)(ccc)
.
L. 2010: Entire section added, (SB 10-155), ch. 180, p. 647, §1, effective August 11.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-723 - Cathinone bath salts - deceptive trade practice

(1)
It is unlawful for any person or entity to distribute, dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell to a purchaser any product that is labeled as a bath salt or any other trademark if the product contains any amount of any cathinones, as defined in section
18-18-102
(3.5), C.R.S.
(2)
(a)
A violation of this section shall be deemed a deceptive trade practice as provided in section
6-1-105(1)(fff)
, and the violator shall be subject to a civil penalty as described in section
6-1-112(1)(d)
in addition to any applicable criminal penalty.
(b)
For the purposes of this section, a person shall be deemed to have committed a violation for each individually packaged product that he or she distributed, dispensed, manufactured, displayed for sale, offered for sale, attempted to sell, or sold in violation of subsection (1) of this section.
Amended by 2014 Ch. 358,§ 5, eff. 8/6/2014.
L. 2012: Entire section added, (HB 12-1310), ch. 268, p. 1406, § 32, effective June 7. L. 2014: Entire section amended, (HB 14-1037), ch. 358, p. 1683, § 5, effective August 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-725 - Synthetic cannabinoids - incense - deceptive trade practice

(1)
Except in accordance with article
10
of title
44
or article
4
of title
25
, it is unlawful for any person or entity to distribute, dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell to a purchaser any product that contains any amount of any synthetic cannabinoid, as defined in section
18-18-102
(34.5).
(2)
(a)
A violation of this section is a deceptive trade practice as provided in section
6-1-105 (1)(ggg)
, and the violator shall be subject to a civil penalty as described in section
6-1-112 (1)(e)
in addition to any applicable criminal penalty.
(b)
For the purposes of this section, a person shall be deemed to have committed a violation for each individually packaged product that he or she distributed, dispensed, manufactured, displayed for sale, offered for sale, attempted to sell, or sold in violation of subsection (1) of this section.
Amended by 2023 Ch. 444,§ 9, eff. 6/7/2023.
Added by 2014 Ch. 358, § 1, eff. 8/6/2014.
L. 2014: Entire section added, (HB 14-1037), ch. 358, p. 1681, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-726 - Sale of public services - 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, the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge:
(a)
The person reserves or obtains the service or appointment, and the person sells the service or appointment;
(b)
The person reserves or obtains, with the intent to sell, the service or appointment;
(c)
The person reserves or obtains the service or appointment, and the person appends the service or appointment to another good or service the person offers for sale; or
(d)
The person falsely represents to the potential customer that the person has obtained or secured the service or appointment, and the person attempts to sell the service or appointment.
(2)
This section does not apply when the person:
(a)
Has consent from the government entity to sell the specific service or appointment obtained or reserved; or
(b)
Is obtaining and selling or offering to sell only information.
(3)
As used in this section, "government entity" means the state of Colorado, a political subdivision of Colorado, or an agency of either the state of Colorado or a political subdivision of Colorado.
Added by 2016 Ch. 246,§ 3, eff. 7/1/2016.
L. 2016: Entire section added, (HB 16-1335), ch. 246, p. 1015, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-728 - Solicitation of fee for a deed or deed of trust - definitions

(1)
As used in this section:
(a)
"Local government" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of them.
(b)
"Solicit" or "solicitation" means to directly advertise or market through writing or graphics and via mail, telefax, or electronic mail to an individually identified person, residence, or business location. "Solicit" and "solicitation" do not include any of the following:
(I)
Communicating via telephone, mail, or electronic communication, if initiated by a consumer; or
(II)
Advertising and marketing to those with whom the solicitor has a preexisting business relationship.
(c)
"State agency" means any office, department, or independent agency in the executive branch of Colorado state government, the general assembly, or the courts.
(2)
A person who solicits a fee for providing a copy of a deed or deed of trust shall:
(a)
Not less than fifteen days before distributing a solicitation, furnish a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed;
(b)
Not charge a fee of more than four times the amount charged by the county clerk and recorder that has custody of the deed or deed of trust for a copy of the same deed or deed of trust; and
(c)
(I)
State on the top of the document used for the solicitation, in at least twenty-four-point type:
(A)
That the solicitation is not from a state agency or local government;
(B)
That no action is legally required of the person being solicited;
(C)
The fee for, or the cost of, obtaining a copy of the deed or deed of trust from the county clerk and recorder that has custody of the deed or deed of trust;
(D)
The information necessary to contact the county clerk and recorder that has custody of the deed or deed of trust; and
(E)
The name and physical address of the person soliciting the fee.
(II)
The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the individual being solicited.
(3)
Only the attorney general or district attorney may bring an action against a person who violates this section. The penalties specified in section
6-1-112
apply to the action.
Added by 2018 Ch. 136,§ 1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1154), ch. 136, p. 892, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-733 - Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - definition

(1)
As used in this section, "solicit" or "solicitation" means to directly advertise to a person with a form or notice that could reasonably be considered a bill, invoice, or compliance obligation but that is actually an offer to sell to a person goods or services that the person did not request. "Solicit" and "solicitation" do not include:
(a)
A request for bona fide services that is initiated by a consumer; or
(b)
Advertising or marketing to a person with whom the solicitor has a bona fide, preexisting business relationship.
(2)
A person who, in the course of the person's business, vocation, or occupation, solicits a fee for filing a document with, or retrieving a copy of a public record from, the secretary of state shall:
(a)
State in the solicitation and in the same language as the solicitation: "This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer." This statement must be at the top of a physical document in at least twenty-four-point type and at the beginning of an electronic communication.
(b)
Include in the solicitation:
(I)
Information on where the person can file a document directly with the secretary of state or retrieve a copy of a public record; and
(II)
The name and physical address of the person soliciting the fee.
(3)
The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the person being solicited.
(4)
A person who violates this section engages in a deceptive trade practice.
Added by 2023 Ch. 61,§ 2, eff. 8/7/2023.
2023 Ch. 61, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-734 - Access to abortion services and emergency contraception - deceptive trade practice - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Abortion" has the meaning set forth in section
25-6-402 (1)
.
(b)
"Emergency contraceptive" means a drug or device approved by the food and drug administration to significantly reduce the risk of pregnancy if taken or administered within a specified period of time after sexual intercourse, including emergency contraceptive pills and intrauterine devices.
(c)
"Food and drug administration" means the food and drug administration in the United States department of health and human services, or any successor entity.
(2)
A person engages in a deceptive trade practice when the person makes or disseminates to the public or causes to be made or disseminated to the public any advertisement that indicates that the person provides abortions or emergency contraceptives, or referrals for abortions or emergency contraceptives, when the person knows or reasonably should have known, at the time of publication or dissemination to the public of the advertisement, that the person does not provide those specific services.
Added by 2023 Ch. 70,§ 2, eff. 4/14/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-735 - Rental price gouging during declared disaster prohibited - definitions

(1)
A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area if a disaster declaration specifically declares a material decrease in residential housing units, the person engages in price gouging in the provision of or offer to provide rent-based housing.
(2)
(a)
A violation of this section may be enforced by the attorney general or the district attorney with jurisdiction over the conduct at issue or by an aggrieved party.
(b)
Notwithstanding section 6-1-113, a tenant affected by a violation of this section may bring a civil action to restrain further violations and to recover damages, costs, and reasonable attorney fees. If a court or jury finds that a violation occurred, the tenant must be awarded statutory damages equal to the tenant's actual damages, attorney fees, and costs that may be owed.
(3)
As used in this section:
(a)
"Designated area" means a specific geographic area identified in a disaster declaration.
(b)
"Disaster" has the same meaning as set forth in section 24-33.5-703 (3).
(c)
"disaster declaration" means a declaration of one of the following, which results in a material decrease in residential housing units:
(I)
A national emergency by the president of the United States pursuant to the "National Emergencies Act", 50 U.S.C. sec. 1601 et seq., as amended; or
(II)
A disaster emergency by the governor pursuant to section 24-33.5-704 (4).
(d)
"Disaster period" means the date a disaster declaration begins and continuing for one year after the date of the initial disaster.
(e)
"Price gouging" means:
(I)
For dwellings that were on the market immediately preceding the Disaster, an increase in rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or ten percent compared to the rent for the individual dwelling immediately preceding the disaster; or
(II)
For dwellings that were not on the market immediately preceding the disaster, rent for an individual dwelling in a designated area that is more than the greater of the percentage of the rent increase for the immediately preceding year or ten percent higher than rent for similar dwellings located in the designated area and that were on the market immediately preceding the disaster.
Added by 2024 Ch. 415,§ 1, eff. 6/5/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-736 - [Effective 8/7/2024] Organized youth athletic activities - notice of requirements

The attorney general shall draft a notice that explains the requirements of part 4 of article 4 of title 26.5 and shall make the notice available to all youth sports organizations, as defined in section 26.5-4-401, for a youth sports organization to post on its website or provide to parents or legal guardians under the youth sports organization's name.
Added by 2024 Ch. 196,§ 4, eff. 8/7/2024.
2024 Ch. 196, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 8 - SWEEPSTAKES AND CONTESTS (§§ 6-1-801 — 6-1-804) › Section 6-1-801 - Legislative finding, declaration, and intent

(1)
The general assembly hereby finds, determines, and declares that a vast number of sweepstakes and contests have been and are being directed to Colorado consumers; that Colorado consumers may have paid millions of dollars to purchase goods or services to enter sweepstakes and contests based on representations created by the sponsors of those sweepstakes and contests; that these sweepstakes and contests may be targeted to certain vulnerable Colorado consumers; that there is a compelling need to curtail and prevent the most deceptive practices in connection with the promotion of sweepstakes and contests; that there is a compelling need for more complete disclosure of rules and operation of sweepstakes and contests in which money or other valuable consideration may be solicited; that preventing the deceptive promotions of sweepstakes and contests is a matter vitally affecting the public interest; and, therefore, that statutory regulation of sweepstakes and contests is necessary to the general welfare of the public.
(2)
It is the intent of the general assembly to require that Colorado consumers be provided with all relevant information necessary to make an informed decision concerning sweepstakes and contests. It is also the intent of the general assembly to prohibit misleading and deceptive prize promotions. The terms of this part 8 shall be construed liberally in order to achieve this purpose.
L. 2000: Entire part added, p. 861, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 8 - SWEEPSTAKES AND CONTESTS (§§ 6-1-801 — 6-1-804) › Section 6-1-804 - Exemptions

(1)
The requirements of section
6-1-803(5) and (6)
shall not apply to solicitations or representations made in connection with the sale of goods:
(a)
By a catalog seller that derives at least thirty-seven and one-half percent of its annual revenues from the sale of products sold in connection with the distribution of catalogs of at least twenty-four pages that contain written descriptions or illustrations and sale prices for each item of merchandise, if the catalogs are distributed in more than one state with a total annual distribution of at least two hundred fifty thousand; or
(b)
From a membership group or club selling books, periodicals, recordings, videocassettes and similar items that is regulated by the federal trade commission pursuant to
16 CFR 425.1
concerning the use of negative option plans by sellers in commerce.
L. 2000: (1)(a) amended, p. 989, § 108, effective July 1; entire part added, p. 867, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 9 - COLORADO NO-CALL LIST ACT (§§ 6-1-901 — 6-1-908) › Section 6-1-901 - Short title

This part 9 shall be known and may be cited as the "Colorado No-Call List Act".
L. 2001: Entire part added, p. 1454, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 9 - COLORADO NO-CALL LIST ACT (§§ 6-1-901 — 6-1-908) › Section 6-1-902 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
The use of the telephone and telefacsimile ("fax") to market goods and services is widespread;
(b)
Many citizens of this state view telemarketing as an invasion of privacy;
(c)
Individuals' privacy rights and commercial freedom of speech should be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices;
(d)
Although charitable and political organizations are exempt from the provisions of this part 9 because of considerations of freedom of speech, the general assembly encourages such organizations to voluntarily comply with this part 9 when possible; and
(e)
It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telephone solicitations by phone or fax.
L. 2001: Entire part added, p. 1454, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 9 - COLORADO NO-CALL LIST ACT (§§ 6-1-901 — 6-1-908) › Section 6-1-904 - Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally

(1)
(a)
No person or entity shall make or cause to be made any telephone solicitation to the telephone of any residential subscriber or wireless telephone service subscriber in this state who has added his or her telephone number and zip code to the Colorado no-call list in accordance with rules promulgated under section
6-1-905
.
(b)
Any person or entity that makes a telephone solicitation to the telephone of any residential subscriber or wireless telephone service subscriber in this state shall register in accordance with the provisions of section
6-1-905(3)(b)(II)
.
(2)
Repealed.
(3)
No person or entity that makes a telephone solicitation to the telephone of a residential subscriber or a wireless telephone service subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service when that person or entity's service or equipment is capable of allowing the display of the number.
(4)
Persons or entities desiring to make telephone solicitations shall update their copies of the Colorado no-call list, conforming consolidated no-call list, or a list obtained from a conforming list broker within thirty days after the beginning of every calendar quarter, on or after July 1, 2002, or upon the initial availability and accessibility of the Colorado no-call list, whichever is earlier.
L. 2001: Entire part added, p. 1457, § 1, effective August 8. L. 2003: (1), (2), and (3) amended, p. 772, § 2, effective March 25. L. 2007: (2) repealed, p. 2018, § 6, effective June 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 9 - COLORADO NO-CALL LIST ACT (§§ 6-1-901 — 6-1-908) › Section 6-1-906 - Enforcement - penalties - defenses

(1)
On and after July 1, 2002, violation of any provision of this part 9 constitutes a deceptive trade practice under the provisions of section
6-1-105(1)
and may be enforced under sections
6-1-110
,
6-1-112
, and
6-1-113
. No state enforcement action under this part 9 may be brought against a person or entity for fewer than three violations per month.
(2)
Notwithstanding subsection (1) of this section, it shall not be a violation of this part 9 if:
(a)
The person or entity has otherwise fully complied with the provisions of this part 9 and has established and implemented, prior to the violation, written practices and procedures to effectively prevent telephone solicitations in violation of this part 9; or
(b)
The violation resulted from an error in transcription or other technical defect, not the fault of the person or entity, that caused the information in the no-call list as received by the person or entity to differ from the information that was or should have been included in the no-call list as transmitted by the designated agent.
(3)
The remedies, duties, prohibitions, and penalties of this section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
(4)
No provider of telephone caller identification service shall be held liable for violations of this part 9 committed by other persons or entities.
L. 2001: Entire part added, p. 1460, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 9 - COLORADO NO-CALL LIST ACT (§§ 6-1-901 — 6-1-908) › Section 6-1-907 - Acceptance of gifts, grants, and donations

The public utilities commission may accept and expend moneys from gifts, grants, and donations for purposes of administering the provisions of this part 9.
L. 2001: Entire part added, p. 1460, § 1, effective August 8.