reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 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.
Renumbered from C.R.S. § 12-14.1-111 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1113, § 2, effective August 9.
This section is similar to former § 12-14.1-111 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-112 - Statute of limitations

(1)
An action to enforce any liability under this article 17 may be brought before the later of:
(a)
The end of the five-year period beginning on the date of the occurrence of the violation involved; or
(b)
In a case in which a collector willfully misrepresents any information that the collector is required by any provision of this article 17 to disclose to an obligee and the misrepresentation is material to the establishment of the liability of the collector to the obligee under this article 17, five years after the date the obligee discovers the misrepresentation.
Renumbered from C.R.S. § 12-14.1-112 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1113, § 2, effective August 9.
This section is similar to former § 12-14.1-112 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-113 - Notice - rules

(1)
The administrator shall promulgate rules related to the notice required to be provided to the obligee in section
5-17-106(2)
and the accounting required to be provided in section
5-17-107
.
(2)
The notice required by section
5-17-106(2)
shall, at a minimum, address the following:
(a)
The option that child support collection services are offered at minimal or no cost through government child support collection services in every county in Colorado and in every state;
(b)
A statement that the collector cannot require a government child support collection service to send payments to any person but the obligee;
(c)
A statement that the collector will not provide legal advice or act as legal counsel for the obligee;
(d)
A statement related to the rights the obligee has pursuant to this article 17; and
(e)
A statement that the obligee may have the private child support enforcement service contract reviewed by an attorney.
Renumbered from C.R.S. § 12-14.1-113 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1113, § 2, effective August 9.
This section is similar to former § 12-14.1-113 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-101 - Short title

The short title of this article 18 is the "Colorado Consumer Credit Reporting Act".
Renumbered from C.R.S. § 12-14.3-101 and amended by 2017 Ch. 260,§ 3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1114, § 3, effective August 9.
This section is similar to former § 12-14.3-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-102 - Legislative declaration

The general assembly finds and declares that the use of consumer reporting agencies is increasing rapidly as consumer credit transactions become the rule rather than the exception in every-day consumer purchasing. Consumer credit reports by consumer reporting agencies may report on a consumer's credit worthiness, credit standing, credit capacity, debts, character, general reputation, personal characteristics, or mode of living as factors to establish a consumer's eligibility for credit insurance or employment. When a consumer reporting agency undertakes a business that has the potential to profoundly affect an individual consumer's life, whether for good or ill, it is incumbent upon such agencies to ensure that the information they are providing is accurate. Inaccurate consumer credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence in the banking system. There is a need to ensure that consumer reporting agencies exercise their responsibilities with fairness, impartiality, and respect for the consumer's rights. The general assembly further finds and declares that, in the event the information provided by a consumer reporting agency in a consumer credit report is inaccurate, the consumer has the right to have that information corrected in a swift and uncomplicated way.
Renumbered from C.R.S. § 12-14.3-101.5 and amended by 2017 Ch. 260,§ 3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1114, § 3, effective August 9.
This section is similar to former § 12-14.3-101.5 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-105 - Consumer reports - accuracy of information

Whenever a consumer reporting agency prepares a consumer report, including reports that include criminal justice records, the agency shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the consumer about whom the report relates, including the use of the consumer's social security number if, in accordance with section
5-18-104(1)(c)(I)
, the consumer's social security number is provided to the consumer reporting agency by a person intending to use the information contained in a consumer report in connection with a credit transaction involving the consumer and the social security number was initially provided to the user by the consumer in connection with that transaction. A consumer reporting agency shall exclude sealed and expunged records from a consumer report, unless the user of the report demonstrates that the user is otherwise required to consider the information pursuant to state or federal statute, rule, or regulation.
Amended by 2022 Ch. 276,§1, eff. 8/10/2022.
Renumbered from C.R.S. § 12-14.3-103.5 and amended by 2017 Ch. 260,§3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1117, § 3, effective August 9.
This section is similar to former § 12-14.3-103.5 as it existed prior to 2017.
2022 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-108 - Charges for certain disclosures

(1)
A consumer reporting agency shall not impose a charge for:
(a)
A request for a copy of the consumer's file made within sixty days after adverse action is taken; or
(b)
Notifying any person designated by the consumer, pursuant to the applicable provisions of the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681i
, as amended, of the deletion of information that is found to be inaccurate or that can no longer be verified; or
(c)
A set of instructions for understanding the information presented on the consumer report and a toll free telephone number that consumers may utilize to obtain additional assistance concerning the consumer report; or
(d)
The first copy of a consumer disclosure provided to a consumer each calendar year pursuant to section
5-18-106(2)(a)
.
(2)
For all other disclosures to consumers of information pertaining to the consumer, the consumer reporting agency may impose a reasonable charge, not to exceed the retail price of a written report rendered in the normal course of business to the customers of the agency for each request for information.
Amended by 2021 Ch. 423,§ 1, eff. 7/2/2021.
Renumbered from C.R.S. § 12-14.3-105 and amended by 2017 Ch. 260,§ 3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 1120, p. 1120, § 3, effective August 9.
This section is similar to former § 12-14.3-105 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-113.5 - Notice of rights regarding protected consumers

Whenever a consumer reporting agency is required to provide a summary of rights to a consumer under section 609 of the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681g
, as amended, or under state law, the following notice must be included:
State Consumers Have the Right to Obtain a Security Freeze for Their Children or Legal Wards
You may obtain from a consumer reporting agency a credit report security freeze for your child who is under sixteen years of age or for your legal ward. If a consumer report has not yet been created for your child or legal ward, you may request that a consumer reporting agency create a consumer record for him or her and place a security freeze on his or her consumer record. You will not be charged to have a security freeze placed on your child's or legal ward's consumer report or to have a consumer record created for your child or legal ward and to have a security freeze placed on the consumer record. You will not be charged to have a security freeze placed on or removed from your child's or legal ward's credit report or record.
Added by 2018 Ch. 75, §3, eff. 1/1/2019.
L. 2018: Entire section added, (HB 18-1233), ch. 75, p. 654, § 3, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-114 - Security freeze - prohibition of changing official information in credit report or record

If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report or record without sending a written notice of the change to the consumer or to a protected consumer's representative within thirty days after the change is posted to the consumer's or protected consumer's file: Name, date of birth, social security number, and address. Written notice is not required for technical modifications of a consumer's or protected consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the consumer reporting agency shall send the written notice to both the new address and the former address.
Amended by 2018 Ch. 75, §4, eff. 1/1/2019.
Renumbered from C.R.S. § 12-14.3-106.8 and amended by 2017 Ch. 260, §3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1129, § 3, effective August 9. L. 2018: Entire section amended, (HB 18-1233), ch. 75, p. 655, § 4, effective 1/1/2019.
This section is similar to former § 12-14.3-106.8 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-115 - Security freeze - exemptions

(1)
(a)
Except as specified in subsection (1)(b) of this section, sections
5-18-112
to
5-18-114
do not apply to a consumer reporting agency that:
(I)
Acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies; and
(II)
Does not maintain a permanent database of credit information from which new consumer reports or records are produced.
(b)
A consumer reporting agency shall honor any security freeze placed on a consumer report or record by another consumer reporting agency.
(2)
The following entities are not required to place a security freeze in a consumer report or record:
(a)
A check service or company or fraud prevention service or company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;
(b)
A deposit account information service or company that issues reports regarding account closures due to fraud, substantial overdrafts, or automatic teller machine abuse or similar negative information regarding a consumer or protected consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;
(c)
A fraud prevention service or company issuing reports to prevent or investigate fraud.
Amended by 2018 Ch. 75, §5, eff. 1/1/2019.
Renumbered from C.R.S. § 12-14.3-106.9 and amended by 2017 Ch. 260, §3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1129, § 3, effective August 9. L. 2018: (1), IP(2), and (2)(b) amended, (HB 18-1233), ch. 75, p. 655, § 5, effective 1/1/2019.
This section is similar to former § 12-14.3-106.9 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-116 - Consumer's right to file action in court or arbitrate disputes

(1)
A consumer, protected consumer, or protected consumer's representative may bring an action to enforce any obligation a consumer reporting agency has to a consumer, protected consumer, or protected consumer's representative under this article 18 in any court of competent jurisdiction as provided by the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681
et seq., as amended, or submit an enforcement action to binding arbitration, in the manner set forth in the rules of the American Arbitration Association, to determine whether the consumer reporting agency met its obligations under this article 18 after the consumer, protected consumer, or protected consumer's representative has followed, as applicable:
(a)
All dispute procedures in section
5-18-110
and has received the notice specified in section
5-18-110 (6)
;
(b)
All of the block procedures in section
5-18-111
; or
(c)
All of the freeze procedures in section
5-18-112
or
5-18-112.5
.
(2)
An arbitrator's decision pursuant to this section does not affect the validity of any obligations or debts owed to any party. A successful party to any arbitration proceeding shall be compensated for the costs and attorney fees of the proceeding as determined by the court or arbitration. A consumer, protected consumer, or protected consumer's representative shall not submit more than one action to arbitration against any consumer reporting agency during any one-hundred-twenty-day period.
(3)
The results of an arbitration action brought against a consumer reporting agency doing business in this state shall be communicated in a timely manner with all other consumer reporting agencies doing business in this state. If, as a result of an arbitration, a determination is made in favor of the consumer, protected consumer, or protected consumer's representative, any adverse information in the consumer's or protected consumer's file, report, or record shall be blocked, removed, or stricken in a timely manner, or the consumer report or record shall be frozen within five days after receipt of the determination by the consumer reporting agency. If the adverse information is not blocked, removed, or stricken, or the file is not frozen, the consumer, protected consumer, or protected consumer's representative may bring an action against the noncomplying agency pursuant to this section notwithstanding the one-hundred-twenty-day waiting period.
Amended by 2018 Ch. 75, §6, eff. 1/1/2019.
Renumbered from C.R.S. § 12-14.3-107 and amended by 2017 Ch. 260, §3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1130, § 3, effective August 9. L. 2018: Entire section amended, (HB 18-1233), ch. 75, p. 656, § 6, effective 1/1/2019.
This section is similar to former § 12-14.3-107 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 18 - COLORADO CONSUMER CREDIT REPORTING ACT (§§ 5-18-101 — 5-18-118) › Section 5-18-118 - Provisions of article cumulative

The provisions of this article 18 are cumulative, and any action taken under the provisions of this article 18 shall not constitute an election to take any such action to the exclusion of any other action authorized by law; except that a credit reporting agency shall not be subject to suit with respect to any issue that was the subject of an arbitration proceeding brought pursuant to section
5-18-116
.
Renumbered from C.R.S. § 12-14.3-109 and amended by 2017 Ch. 260,§ 3, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1131, § 3, effective August 9.
This section is similar to former § 12-14.3-109 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-101 - Short title

The short title of this part 1 is the "Colorado Credit Services Organization Act".
Renumbered from C.R.S. § 12-14.5-101 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1131, § 4, effective August 9.
This section is similar to former § 12-14.5-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-102 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
The ability to obtain and use credit has become of great importance to consumers, who have a vital interest in establishing and maintaining their creditworthiness and credit standing. The extension or receipt of credit has value and should be protected. As a result, consumers who have experienced credit problems may seek assistance from credit services organizations that offer to obtain credit or improve the credit standing of consumers.
(b)
Certain advertising and business practices of some credit services organizations have worked a financial hardship upon the people of this state, often those who are of limited economic means and inexperienced in credit matters. Credit services organizations have significant impact upon the economy and well-being of this state and its people.
(c)
The purposes of this part 1 are to provide prospective buyers of services of credit services organizations with the information necessary to make an intelligent decision regarding the purchase of those services and to protect the public from unfair or deceptive advertising and business practices;
(d)
This part 1 shall be construed liberally to achieve these purposes; and
(e)
It is the intent of the general assembly to further regulate the conduct of persons who provide credit services in accordance with this part 1 by adopting the regulatory requirements contained in part 2 of this article 19.
Renumbered from C.R.S. § 12-14.5-102 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1132, § 4, effective August 9.
This section is similar to former § 12-14.5-102 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-103 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Buyer" means any individual who is solicited to purchase or who purchases the services of a credit services organization.
(2)
"Credit services organization" means any person, including a nonprofit organization exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", who, with respect to the extension of credit by others, represents that the person can or will, in return for the payment of money or other valuable consideration by the buyer, improve or attempt to improve a buyer's credit record, history, or rating. The term "credit services organization" does not include any person licensed to practice law in this state if he or she renders credit services within the course and scope of his or her practice as an attorney.
(3)
"Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.
(4)
"Person" includes any individual, corporation, partnership, joint venture, or any business entity.
Renumbered from C.R.S. § 12-14.5-103 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1132, § 4, effective August 9.
This section is similar to former § 12-14.5-103 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-104 - Prohibited acts

(1)
A credit services organization; its salespersons, agents, and representatives; and independent contractors who sell or attempt to sell the services of a credit services organization shall not:
(a)
Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer;
(b)
Make, counsel, or advise any buyer to make any statement that is untrue or misleading to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyer's creditworthiness, credit standing, or credit capacity;
(c)
Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; or
(d)
Make, counsel, or advise any buyer to make a request to a credit reporting agency to verify information contained in a consumer credit report, unless the buyer states in writing to the credit services organization that the buyer believes the information to be verified is incorrect or inaccurate, and states specifically the basis of the inaccuracy or incorrectness of each disputed item of information.
Renumbered from C.R.S. § 12-14.5-104 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1133, § 4, effective August 9.
This section is similar to former § 12-14.5-104 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-105 - Written disclosure required

Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing containing all the information required by section
5-19-106
. The credit services organization shall maintain on file for a period of two years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.
Renumbered from C.R.S. § 12-14.5-106 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1133, § 4, effective August 9.
This section is similar to former § 12-14.5-106 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-106 - Content of written disclosure

(1)
The information statement required pursuant to section
5-19-105
shall be printed in at least ten-point type and shall include:
(a)
The following statements concerning consumer credit reports and consumer credit agencies:
RIGHTS UNDER COLORADO AND FEDERAL LAW
You have a right to obtain a copy of your credit report from a credit bureau at no charge once per year with additional copies available for a small fee. You have a right to dispute inaccurate information by contacting the credit bureau directly. However, you have no right to have accurate information removed from your credit bureau report. Under the federal "Fair Credit Reporting Act", the credit bureau must remove accurate negative information from your report only if it is over 7 years old. Bankruptcy can be reported for 10 years. Even when a debt has been completely repaid, your report can show that it was paid late if that is accurate. You have a right to sue a credit repair company that violates the "Colorado Credit Services Organization Act". This law prohibits deceptive practices by repair companies. The "Colorado Credit Services Organization Act" also gives you a right to cancel your contract for any reason within 5 working days from the date you sign it.
The Federal Trade Commission enforces the federal "Fair Credit Reporting Act". For more information, call or write the Federal Trade Commission. The administrator of the "Uniform Consumer Credit Code" enforces the "Colorado Credit Services Organization Act". For more information, call or write the Colorado attorney general's office.
(b)
A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services.
Renumbered from C.R.S. § 12-14.5-107 and amended by 2017 Ch. 260, §4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1133, § 4, effective August 9.
This section is similar to former § 12-14.5-107 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-108 - Waivers and exemptions

(1)
Any waiver by a buyer of any part of this part 1 is void as against public policy. Any attempt by a credit services organization to have a buyer waive rights given by this part 1 is a violation of this part 1.
(2)
In any proceeding involving this part 1, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Renumbered from C.R.S. § 12-14.5-109 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1135, § 4, effective August 9.
This section is similar to former § 12-14.5-109 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-109 - Criminal penalties and injunctive relief

(1)
Any person who violates any provision of this part 1 commits a class 1 misdemeanor and shall be punished as provided in section
18-1.3-501
. Violating any provision of this part 1 with respect to any buyer shall constitute a class 1 public nuisance subject to the provisions of part 3 of article
13
of title
16
.
(2)
The administrator of the uniform consumer credit code, designated pursuant to section
5-6-103
, or the district attorney of any judicial district may maintain an action to enjoin violations of this part 1 and for restitution and penalties in an amount not to exceed one thousand five hundred dollars per violation. The state treasurer shall transfer the penalties collected pursuant to this subsection (2) to the general fund.
(3)
Costs and reasonable attorney fees shall be awarded to the administrator of the uniform consumer credit code or a district attorney in all injunctive actions where the administrator of the uniform consumer credit code or district attorney successfully enforces this part 1.
Renumbered from C.R.S. § 12-14.5-110 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1135, § 4, effective August 9.
This section is similar to former § 12-14.5-110 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-110 - [Effective Until 8/7/2024] Powers of administrator of the uniform consumer credit code and district attorney - subpoenas - hearings

(1)
When the administrator of the uniform consumer credit code or district attorney has cause to believe that any person, whether located in this state or elsewhere, has violated or is violating any provision of this part 1, the administrator or district attorney may, in addition to the other powers conferred upon the administrator or district attorney by this part 1:
(a)
Request the person to file a statement or report in writing under oath or otherwise, on forms prescribed by him or her, as to all facts and circumstances concerning the sale or advertisement of goods, property, or services by any credit services organization and any other data and information he or she deems necessary;
(b)
Prior to the filing of a complaint, issue subpoenas to require the attendance of witnesses or the production of documents; conduct hearings in aid of any investigation or inquiry; administer oaths; examine under oath any person in connection with the sale or advertisement of goods, property, or services by any credit services organization; and apply to the appropriate court for an appropriate order to effect the purposes of this article 19.
(2)
Service of any notice or subpoena may be made in the manner prescribed by law or under the Colorado rules of civil procedure.
Renumbered from C.R.S. § 12-14.5-110.5 and amended by 2017 Ch. 260, §4, eff. 8/9/2017.
Amended by 2013 Ch. 270, §6, eff. 7/1/2013.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1136, § 4, effective August 9.
This section is similar to former § 12-14.5-110.5 as it existed prior to 2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-111 - Damages

(1)
Any buyer injured by a violation of this part 1 or by a credit services organization's breach of contract subject to this part 1 may maintain an action in a court of competent jurisdiction for recovery of actual damages, plus cost of suit and reasonable attorney fees. In case of an action brought by a buyer, actual damages shall not be less than the amount paid by the buyer to the credit services organization.
(2)
In the event of a willful violation by a credit services organization of this part 1 or of a contract subject to this part 1, a person who is injured thereby shall be awarded, in addition to the damages allowable under subsection (1) of this section, an additional amount equal to twice the actual damages awarded under subsection (1) of this section.
Renumbered from C.R.S. § 12-14.5-111 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1136, § 4, effective August 9.
This section is similar to former § 12-14.5-111 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-112 - Aiding or assisting violation

Any individual who, as a director, officer, partner, member, salesperson, agent, or representative of a credit services organization that violates this part 1, assists or aids, directly or indirectly, in such violation shall be responsible therefor and subject to the criminal penalties, injunctive relief, and damages provided for in this section and section
5-19-111
.
Renumbered from C.R.S. § 12-14.5-112 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9.
This section is similar to former § 12-14.5-112 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-113 - Remedies cumulative

The remedies provided for in this part 1 are cumulative and in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
Renumbered from C.R.S. § 12-14.5-113 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9.
This section is similar to former § 12-14.5-113 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 1 - COLORADO CREDIT SERVICES ORGANIZATION ACT (§§ 5-19-101 — 5-19-114) › Section 5-19-114 - Relation between parts of article

In the event of a conflict between part 2 of this article 19 and this part 1, the provisions of part 2 of this article 19 shall control. A credit service organization that also performs debt-management services shall comply with the requirements of part 2 of this article 19.
Renumbered from C.R.S. § 12-14.5-114 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9.
This section is similar to former § 12-14.5-114 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-201 - Short title

The short title of this part 2 is the "Uniform Debt-Management Services Act".
Renumbered from C.R.S. § 12-14.5-201 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9.
This section is similar to former § 12-14.5-201 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-203 - Exempt agreements and persons

(a)
This part 2 does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement.
(b)
This part 2 does not apply to a provider to the extent that the provider:
(1)
Provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services;
(2)
Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors;
(3)
Provides debt-management services only to persons that have incurred debt in the conduct of business; or
(4)
Is subject to the "Colorado Foreclosure Protection Act", part 11 of article
1
of title
6
.
(c)
This part 2 does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:
(1)
A judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors;
(2)
A bank;
(3)
An affiliate, as defined in section
5-19-202(2)(B)(i)
, of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or
(4)
A title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
Renumbered from C.R.S. § 12-14.5-203 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1140, § 4, effective August 9.
This section is similar to former § 12-14.5-203 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-204 - Registration required

(a)
Except as otherwise provided in subsection (b) of this section, on or after July 1, 2008, a provider may not provide debt-management services to an individual who it reasonably should know resides in this state at the time it agrees to provide the services, unless the provider is registered under this part 2.
(b)
If a provider is registered under this part 2, subsection (a) of this section does not apply to an employee or agent of the provider.
(c)
The administrator shall maintain and publicize a list of the names of all registered providers.
Renumbered from C.R.S. § 12-14.5-204 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1141, § 4, effective August 9.
This section is similar to former § 12-14.5-204 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-205 - Application for registration - form, fee, and accompanying documents - repeal

(a)
An application for registration as a provider shall be in a form prescribed by the administrator.
(b)
An application for registration as a provider shall be accompanied by:
(1)
The fee established by the administrator. The administrator shall transmit the fee to the state treasurer, who shall:
(A)
(i)
For fees collected prior to July 1, 2024, deposit the money in the uniform consumer credit code cash fund created in section
5-6-204 (1)
.
(ii)
This subsection (b)(1)(A) is repealed, effective July 1, 2026.
(B)
For fees collected on and after July 1, 2024, deposit the money in the consumer credit unit cash fund created in section
5-2-302 (11)
.
(2)
The bond required by section
5-19-213
;
(3)
Identification of all trust accounts required by section
5-19-222
and an irrevocable consent authorizing the administrator to review and examine the trust accounts;
(4)
Proof of compliance with the requirements of title 7 that specify the prerequisites for an entity to do business in this state; and
(5)
If the applicant is organized as a not-for-profit entity or is exempt from taxation, evidence of not-for-profit and tax-exempt status applicable to the applicant under the federal "Internal Revenue Code of 1986",
26 U.S.C. sec. 501
, as amended.
Amended by 2023 Ch. 360,§ 12, eff. 8/7/2023.
Renumbered from C.R.S. § 12-14.5-205 and amended by 2017 Ch. 260, §4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1141, § 4, effective August 9.
This section is similar to former § 12-14.5-205 as it existed prior to 2017.
2023 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-206.5 - Name-based judicial record check

When the results of a fingerprint-based criminal history record check of an officer of the applicant or employee or agent of the applicant performed pursuant to section
5-19-206(12)
reveal a record of arrest without a disposition, the administrator shall require that person to submit to a name-based judicial record check, as defined in section
22-2-119.3(6)(d)
.
Amended by 2022 Ch. 114,§2, eff. 4/21/2022.
L. 2019: Entire section added, (HB 19-1166), ch. 537, p. 537, § 1, effective April 18.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-206.7 - Remote work authorized - definition

(1)
Subject to rules adopted by the administrator, nothing in this part 2 prohibits a registered provider from permitting its employees to work from a remote location so long as the registered provider:
(a)
Ensures that no in-person customer interactions are conducted at the remote location and does not designate the remote location to consumers as a business location;
(b)
Maintains appropriate safeguards for registered provider and consumer data, information, and records, including the use of secure virtual private networks, also known as "VPNs", where appropriate;
(c)
Employs appropriate risk-based monitoring and oversight processes of work performed from a remote location and maintains records of the monitoring and oversight processes;
(d)
Ensures consumer information and records are not maintained at a remote location;
(e)
Ensures consumer and registered provider information and records remain accessible and available for regulatory oversight and examination; and
(f)
Provides appropriate employee training to ensure employees working from a remote location keep all conversations about and with consumers that are conducted from the remote location confidential, as if conducted from a commercial location, and to ensure that employees working at a remote location work in an environment that is conducive and appropriate to ensuring privacy and confidential conversations.
(2)
As used in this section, "remote location" means a private residence of an employee of a registered provider or another location selected by the employee and approved by the registered provider.
Added by 2023 Ch. 360,§ 13, eff. 8/7/2023.
2023 Ch. 360, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-207 - Application for registration - obligation to update information

An applicant or registered provider shall notify the administrator within fifteen days after a change in the information specified in section
5-19-205(b)(5)
or section
5-19-206(1), (3), (6), (10), or (11)
.
Renumbered from C.R.S. § 12-14.5-207 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1144, § 4, effective August 9.
This section is similar to former § 12-14.5-207 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 19 - DEBT-MANAGEMENT SERVICES (§§ 5-19-101 — 5-19-242) › Part 2 - UNIFORM DEBT-MANAGEMENT SERVICES ACT (§§ 5-19-201 — 5-19-242) › Section 5-19-208 - Application for registration - public information

Except for the information required by section
5-19-206(7), (9), (12), (13), and (15)
, and the addresses required by section
5-19-206(4)
, the administrator shall make the information in an application for registration as a provider available to the public.
Renumbered from C.R.S. § 12-14.5-208 and amended by 2017 Ch. 260,§ 4, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1144, § 4, effective August 9.
This section is similar to former § 12-14.5-208 as it existed prior to 2017.