reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › INTEREST RATES (§§ 5-12-101 — 5-13-106) › Article 13 - FEDERAL PREEMPTION OF USURY LAWS - STATE OVERRIDE (§§ 5-13-101 — 5-13-106) › Section 5-13-102 - Business and agricultural loans

In accordance with section 512 of Public Law 96-221, it is declared that the state of Colorado does not want the provisions of section 511 of Public Law 96-221 setting interest rates and preempting state interest rates on business and agricultural loans to apply in this state. The rates established in articles
1
to 9 of this title shall control consumer credit transactions in the state of Colorado.
L. 81: Entire article added, p. 399, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › INTEREST RATES (§§ 5-12-101 — 5-13-106) › Article 13 - FEDERAL PREEMPTION OF USURY LAWS - STATE OVERRIDE (§§ 5-13-101 — 5-13-106) › Section 5-13-103 - Small business loans

In accordance with section 524 of Public Law 96-221, it is declared that the state of Colorado does not want the amendments to the "Small Business Investment Act" made by section 524 of Public Law 96-221 prescribing interest rates for small business loans to apply in this state. The rates established in articles
1
to 9 of this title shall control consumer credit transactions in the state of Colorado.
L. 81: Entire article added, p. 399, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › INTEREST RATES (§§ 5-12-101 — 5-13-106) › Article 13 - FEDERAL PREEMPTION OF USURY LAWS - STATE OVERRIDE (§§ 5-13-101 — 5-13-106) › Section 5-13-104 - [Repealed]

L. 81: Entire article added, p. 400, § 1, effective July 1. L. 94: Entire section repealed, p. 1612, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › INTEREST RATES (§§ 5-12-101 — 5-13-106) › Article 13 - FEDERAL PREEMPTION OF USURY LAWS - STATE OVERRIDE (§§ 5-13-101 — 5-13-106) › Section 5-13-105 - [Repealed]

L. 81: Entire article added, p. 400, § 1, effective July 1. L. 94: Entire section repealed, p. 1613, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › INTEREST RATES (§§ 5-12-101 — 5-13-106) › Article 13 - FEDERAL PREEMPTION OF USURY LAWS - STATE OVERRIDE (§§ 5-13-101 — 5-13-106) › Section 5-13-106 - Other loans - legislative declaration

In accordance with section 525 of the federal "Depository Institutions Deregulation and Monetary Control Act of 1980", Pub.L. 96-221, the general assembly declares that the state of Colorado does not want the amendments to the "Federal Deposit Insurance Act",
12 U.S.C. sec. 1811
et seq.; the federal "National Housing Act",
12 U.S.C. sec. 1701
et seq.; and the "Federal Credit Union Act",
12 U.S.C. sec. 1757
, made by sections 521 to 523 of the federal "Depository Institutions Deregulation and Monetary Control Act of 1980", Pub.L. 96-221, prescribing interest rates and preempting state interest rates to apply to consumer credit transactions in this state. The rates established in articles
1
to 9 of this title 5 control consumer credit transactions in this state.
Added by 2023 Ch. 375,§ 3, eff. 7/1/2024.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-101 - Short title

The short title of this article 16 is the "Colorado Fair Debt Collection Practices Act".
Renumbered from C.R.S. § 12-14-101 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1079, § 1, effective August 9.
This section is similar to former § 12-14-101 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-102 - Scope of article

(1)
This article 16 shall apply to any collection agency, solicitor, or debt collector that has a place of business located:
(a)
Within this state;
(b)
Outside this state and collects or attempts to collect from consumers who reside within this state for a creditor with a place of business located within this state;
(c)
Outside this state and regularly collects or attempts to collect from consumers who reside within this state for a creditor with a place of business located outside this state; or
(d)
Outside this state and solicits or attempts to solicit debts for collection from a creditor with a place of business located within this state.
Renumbered from C.R.S. § 12-14-102 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1079, § 1, effective August 9.
This section is similar to former § 12-14-102 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-104 - Location information - acquisition

(1)
Any debt collector or collection agency communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:
(a)
Identify himself or herself, state that he or she is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his or her employer;
(b)
Not state that the consumer owes any debt;
(c)
Not communicate with any person more than once unless requested to do so by the person or unless the debt collector or collection agency reasonably believes that the person's earlier response is erroneous or incomplete and that the person now has correct or complete location information;
(d)
Not communicate by postcard;
(e)
Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debtor collector or collection agency is in the debt collection business or that the communication relates to the collection of a debt; and
(f)
After the debt collector or collection agency knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, the attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time, not less than thirty days, to communication from the debt collector or collection agency.
Renumbered from C.R.S. § 12-14-104 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1083, § 1, effective August 9.
This section is similar to former § 12-14-104 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-106 - Harassment or abuse

(1)
A debt collector or collection agency shall not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the following conduct:
(a)
The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person;
(b)
The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader;
(c)
The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of
15 U.S.C. sec. 1681b (a)(3)
and section
5-18-104 (1)(c)
;
(d)
The advertisement for sale of any debt to coerce payment of the debt or agreeing to do so for the purpose of solicitation of claims;
(e)
Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
(f)
Except as provided in section
5-16-104
, the placement of telephone calls without meaningful disclosure of the caller's identity within the first sixty seconds after the other party to the call is identified as the debtor.
Renumbered from C.R.S. § 12-14-106 and amended by 2017 Ch. 260, §1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1085, § 1, effective August 9.
This section is similar to former § 12-14-106 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-109.5 - Medical debt - requirements related to payment plans - collection prohibited during health insurance appeals - definition

(1)
(a)
A debt collector or collection agency collecting on a medical debt that agrees to a payment plan with a consumer for the medical debt that is payable in four or more installments shall provide a written copy of the payment plan to the consumer within seven days after entering into the payment plan. The payment plan must prominently disclose the rate or rates of interest and the date by which the account will be paid in full if payments set by the schedule in the payment plan are made without interruption or that the plan is a temporary arrangement that will not pay off the debt in full.
(b)
Before accelerating or declaring the payment plan no longer operative, if the consumer has not invoked the right to cease communication, the debt collector or collection agency collecting on a medical debt shall:
(I)
Make at least two reasonable attempts to contact the consumer; and
(II)
Provide notice to the consumer in writing that the payment plan may be accelerated or become inoperative.
(c)
For purposes of this section, the notice to the consumer pursuant to subsection (1)(b)(II) of this section must be to the last-known address of the consumer.
(2)
(a)
A debt collector or collection agency collecting on a medical debt that knows or reasonably should know about an internal review, external review, or other appeal proceeding of a health insurance decision that is pending or was pending within the previous sixty-three days shall not:
(I)
Provide information relating to a consumer's unpaid charges for health-care services to a consumer reporting agency;
(II)
Communicate with the consumer regarding the unpaid charges for health-care services in an attempt to collect on the charges, unless requested by the consumer;
(III)
Initiate a civil action or arbitration proceeding against the consumer to collect or attempt to collect the unpaid charges for health-care services; or
(IV)
Sell the medical debt to a debt buyer.
(b)
If a medical debt has already been reported to a consumer reporting agency or a legal action or arbitration proceeding has already been initiated, and the debt collector or collection agency collecting on the medical debt that reported the information learns that an internal review, external review, or other appeal proceeding of a health insurance decision is pending or was pending within the previous sixty-three days, that person shall instruct the consumer reporting agency to delete the information about the medical debt.
(c)
As used in this section, "health-care services" means health-care services or medical products or devices.
Added by 2023 Ch. 152,§ 4, eff. 5/4/2023.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-110 - Multiple debts

If any consumer owes multiple debts and makes any single payment to any collection agency with respect to such debts, the collection agency shall not apply the payment to any debt which is disputed by the consumer and when so informed shall apply the payment in accordance with the consumer's directions.
Renumbered from C.R.S. § 12-14-110 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1089, § 1, effective August 9.
This section is similar to former § 12-14-110 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-111.5 - Fees, costs, and costs of collection - limitation

(1)
Except as described in subsection (2) of this section, a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or due to any political subdivision within the state, may add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual attorney fees and costs that are awarded by a court of competent jurisdiction. Exclusive of the accrual of interest and court costs, any fees, costs, and costs of collection may not exceed eighteen percent in the aggregate unless additional reasonable attorney fees are awarded by a court of competent jurisdiction.
(2)
Subsection (1) of this section does not apply if the state or political subdivision of the state has sold the debt to a third party.
(3)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before January 1, 2023, and on or before January 1 every five years thereafter, the state auditor shall review the rate described in subsection (1) of this section and the fee described in section
24-30-202.4 (8)(a)
and report the results of his or her review to the finance committees of the senate and the house of representatives or any successor committees. The report may include any recommendations of the state auditor regarding raising or lowering the rate or the fee.
Amended by 2021 Ch. 12, §3, eff. 3/21/2021.
Added by 2018 Ch. 314, §1, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1057), ch. 1895, p. 1895, § 1, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-112 - Deceptive forms

(1)
It is unlawful for any person to design, compile, and furnish any form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection or in the attempted collection of a debt that the consumer allegedly owes the creditor, when in fact the person is not so participating.
(2)
Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector or collection agency under section
5-16-113
for failure to comply with this article 16.
(3)
This section shall apply if the person supplying or using the forms or the consumer receiving the forms is located within this state.
Renumbered from C.R.S. § 12-14-112 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1089, § 1, effective August 9.
This section is similar to former § 12-14-112 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-114 - Administrative enforcement - rules

Compliance with this article 16 shall be enforced by the administrator. The administrator may make reasonable rules for the administration and enforcement of this article 16, including standards of conduct for licensees and collection notices and forms.
Renumbered from C.R.S. § 12-14-114 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1092, § 1, effective August 9.
This section is similar to former § 12-14-114 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-115 - License - registration - unlawful acts

(1)
It is unlawful for any person to:
(a)
Conduct the business of a collection agency or advertise or solicit, either in print, by letter, in person, or otherwise, the right to make collection or obtain payment of any debt on behalf of another without having obtained a license under this article 16; or
(b)
Conduct the business of a collection agency under any name other than that under which licensed.
(2)
It is unlawful for a person to act as a collections manager without having complied with sections
5-16-119
and
5-16-122
.
(3)
It is unlawful for any person to employ a person as a solicitor, collections manager, or debt collector under this article 16 without complying with this section.
Renumbered from C.R.S. § 12-14-115 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1092, § 1, effective August 9.
This section is similar to former § 12-14-115 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-116 - [Repealed]

Repealed by 2017 Ch. 285,§6, eff. 6/1/2017.
Renumbered from C.R.S. § 12-14-116 and amended by 2017 Ch. 260,§1, eff. 8/9/2017.
L. 2017: Entire section repealed, (SB 17-216), ch. 285, p. 1579, § 6, effective June 1; entire article added with relocations, (HB 17-1238), ch. 260, p. 1092, § 1, effective August 9.
This section was numbered as § 12-14-116 in SB 17-216 (see L. 2017, p. 1579 ). The repeal of that provision was harmonized with this section as it appears in HB 17-1238.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-117 - Powers and duties of the administrator

(1)
Repealed.
(2)
The administrator is authorized to approve or deny any application submitted pursuant to this article 16 and to issue any license authorized by this article 16.
(3)
Any complaint received by the administrator regarding violations of this article 16 by an attorney shall be forwarded to the supreme court's attorney regulation counsel.
(4)
The administrator shall enforce the provisions of article
17
of this title 5 pursuant to section
5-17-111
.
(5) to (8)
Repealed.
Amended by 2017 Ch. 285, §7, eff. 1/1/2018.
Renumbered from C.R.S. § 12-14-117 and amended by 2017 Ch. 260, §1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1093, § 1, effective August 9; (1) repealed and (5), (6), (7), and (8) added, (SB 17-216), ch. 285, p. 1579, § 7, effective 1/1/2018.
(1) This section is similar to former § 12-14-117 as it existed prior to 2017.
(2) Subsections (1), (5), (6), (7), and (8) were numbered as § 12-14-117(1), (6), (7), (8), and (9), respectively, in SB 17-216 (see L. 2017, p. 1579 ). Those provisions were harmonized with this section as it appears in HB 17-1238, effective January 1, 2018.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-118 - Collection agency license - required

Any person acting as a collection agency must possess a valid license issued by the administrator in accordance with this article 16 and any rules adopted pursuant thereto.
Renumbered from C.R.S. § 12-14-118 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1093, § 1, effective August 9.
This section is similar to former § 12-14-118 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-120 - License - issuance - grounds for denial - appeal - contents

(1)
Upon the approval of the license application by the administrator and the satisfaction of all application requirements, the administrator shall issue the applicant a license to operate as a collection agency.
(2)
The administrator may deny any application for a license or its renewal if any grounds exist that would justify disciplinary action under section
5-16-127
, for failure to meet the requirements of section
5-16-119
, or if the applicant, the applicant's principals, or the applicant's collections manager have fraudulently obtained or attempted to obtain a license.
(3)
If any application for a license or its renewal is denied, the applicant may appeal the decision pursuant to section
24-4-104
.
(4)
The license shall state the name of the licensee, location by street and number or office building and room number, city, county, and state where the licensee has his or her principal place of business, together with the number and date of the license and the date of expiration of the license, and shall further state that it is issued pursuant to this article 16 and that the licensee is duly authorized under this article 16.
(5)
The administrator may deny any application for a license or its renewal if the collection agency has failed to perform the duties enumerated in section
5-16-123
.
(6)
The administrator may deny any application for a license or its renewal if the collection agency does not have a positive net worth.
Renumbered from C.R.S. § 12-14-120 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1095, § 1, effective August 9.
This section is similar to former § 12-14-120 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-121 - Collection agency license - renewals

Each licensee shall make an application to renew its license in the form and manner prescribed by the administrator. The application shall be accompanied by a nonrefundable renewal fee in an amount determined by the administrator.
Renumbered from C.R.S. § 12-14-121 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1096, § 1, effective August 9.
This section is similar to former § 12-14-121 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-125 - Unlawful acts

(1)
In addition to the unlawful acts specified in sections
5-16-112
and
5-16-115
, it is unlawful and a violation of this article 16 for any person:
(a)
To refuse or fail to comply with section
5-16-104
,
5-16-105
,
5-16-106
,
5-16-107
,
5-16-108
,
5-16-109
,
5-16-110
,
5-16-118
,
5-16-119(1)
, or
5-16-123(1)(b) to (1)(e) or (2)
;
(b)
To aid or abet any person operating or attempting to operate in violation of this article 16, including but not limited to section
5-16-115
; except that nothing in this article 16 shall prevent any licensed collection agency from accepting, as forwardee, claims for collection from any collection agency or attorney whose place of business is outside this state;
(c)
To recover or attempt to recover treble damages for any check, draft, or order not paid on presentment without complying with the provisions of section
13-21-109
.
(2)
It is unlawful and a violation of this article 16 for any licensee or any attorney representing a licensee to invoke a cognovit clause in any note so as to confess judgment.
(3)
It is unlawful and a violation of this article 16 for any licensee to render or to advertise that it will render legal services; except that a licensee may solicit claims for collection and take assignments and pursue the collection thereof subject to the provisions of law concerning the unauthorized practice of law.
(4)
It is unlawful and a violation of this article 16 for any licensee, collections manager, debt collector, or solicitor to:
(a)
Refuse or fail to comply with a rule adopted pursuant to this article 16 or any lawful order of the administrator; or
(b)
Aid or abet any person in such refusal or failure.
(5)
It is unlawful and a violation of this article 16 for any person to falsify any information or make any misleading statements in any application authorized under this article 16.
(6)
Any officer or agent of a corporation who personally participates in any violation of this article 16 shall be subject to the penalties prescribed in section
5-16-126
for individuals.
Renumbered from C.R.S. § 12-14-128 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1100, § 1, effective August 9.
This section is similar to former § 12-14-128 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-125.5 - Statute of limitations - actions by administrator

An action or proceeding brought by the administrator pursuant to this article 16 or pursuant to any rule issued by the administrator under this article 16 must be brought within two years after the date on which the violation occurred.
Renumbered from C.R.S. § 12-14-128.5 by the code revisor.
Added by 2017 Ch. 285,§ 9, eff. 6/1/2017.
L. 2017: Entire section added, (SB 17-216), ch. 285, p. 1581, § 9, effective June 1.
This section was numbered as § 12-14-128.5 in SB 17-216 (see L. 2017, p. 1581 ). That provision was relocated and harmonized with this article as it appears in HB 17-1238.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-126 - Criminal penalties

Any person who violates any provision of section
5-16-125(1), (2), (3), or (4)
commits a class 1 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Renumbered from C.R.S. § 12-14-129 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1101, § 1, effective August 9.
This section is similar to former § 12-14-129 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-128 - Debt collectors for the department of personnel - complaint - disciplinary procedures

(1)
Any interested person may file a written complaint with the executive director of the department of personnel charging a debt collector in the employ of the department of personnel with a violation of:
(a)
This article 16 or a rule promulgated pursuant to this article 16;
(b)
A lawful order of the state board of ethics; or
(c)
The standards of conduct set forth in the code of conduct developed by the department of personnel for such debt collectors.
(2)
Each complaint filed pursuant to this section shall be referred to the executive director of the department of personnel who shall conduct an investigation to determine if a violation of subsection (1) of this section occurred. If the executive director makes a determination that a violation did occur, the debt collector who is the subject of the complaint shall be subject to the disciplinary procedures set forth in rules adopted by the state personnel board. If a determination made pursuant to this subsection (2) is unsatisfactory to any party, an appeal may be made to the board of ethics for the executive branch of state government in the office of the governor.
(3)
If the executive director of the department of personnel, or the board of ethics in the case of an appeal, makes a determination that a debt collector in the employ of the department of personnel has acted in violation of this article 16 or a rule promulgated pursuant to this article 16, a lawful order of the state board of ethics, or the code of conduct described in subsection (1)(c) of this section, the determination shall be made a part of the personnel file of the debt collector against whom the complaint was filed.
Renumbered from C.R.S. § 12-14-130.1 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1103, § 1, effective August 9.
This section is similar to former § 12-14-130.1 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-129 - Records

The administrator shall keep a suitable record of all license applications and bonds required to be filed. The record shall state whether a license has been issued under the application and bond and, if revoked, the date of the filing of the order of revocation. The administrator shall keep a list of each person who has had a license revoked or has been terminated as a collections manager for a violation of this article 16. In the record, all licenses issued shall be indicated by their serial numbers and the names and addresses of the licensees. This section shall apply to renewal applications and renewal licenses. The record shall be open for inspection as a public record in the office of the administrator.
Renumbered from C.R.S. § 12-14-131 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-131 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-130 - Jurisdiction of courts

County courts shall have concurrent jurisdiction with the district courts of this state in all criminal prosecutions for violations of this article 16.
Renumbered from C.R.S. § 12-14-132 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-132 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-131 - Duty of district attorney

It is the duty of the district attorney to prosecute all violations of the provisions of this article 16 occurring within his or her district.
Renumbered from C.R.S. § 12-14-133 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-133 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-132 - Remedies

The remedies provided in this article 16 are in addition to and not exclusive of any other remedies provided by law.
Renumbered from C.R.S. § 12-14-134 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-134 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-133 - Injunction - receiver

The district court in and for the city and county of Denver, upon application of the administrator, may issue an injunction or other appropriate order restraining any person from a violation of this article 16 and may appoint a receiver or award other relief to effectuate the provisions of this article 16; order restitution for consumers or creditors for violations of this article 16; impose civil penalties up to one thousand five hundred dollars per violation of this article 16; and award reasonable costs and attorney fees to the administrator if the administrator prevails in an action brought under this article 16. This provision shall be in addition to any other remedy and shall not prohibit the enforcement of any other law. The administrator shall not be required to show irreparable injury or to post a bond.
Renumbered from C.R.S. § 12-14-135 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-135 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-134 - Disposition of fees and fines - repeal

(1)
(a)
All revenue, except fines, collected pursuant to this article 16 before July 1, 2024, shall be collected by the administrator and transmitted to the state treasurer, who shall credit the money to the collection agency cash fund, which fund is created and referred to in this section as the "fund". The general assembly shall make annual appropriations from the fund for the uses and purposes of this article 16. All revenue credited to the fund, including earned interest, shall be used for the administration and enforcement of this article 16.
(b)
On September 30, 2024, or as soon as practicable after that date, the state treasurer shall transfer the unexpended and unencumbered balance of the collection agency cash fund to the consumer credit unit cash fund created in section
5-2-302 (11)
.
(c)
This subsection (1) is repealed, effective July 1, 2026.
(1.5)
On and after July 1, 2024, the state treasurer shall credit all fees collected under this article 16 to the consumer credit unit cash fund created in section
5-2-302 (11)
.
(2)
All fines collected pursuant to this article 16, including but not limited to fines collected pursuant to section
5-16-127
, shall be collected by the administrator and transmitted to the state treasurer, who shall credit the same to the general fund.
Amended by 2023 Ch. 360,§ 10, eff. 8/7/2023.
Renumbered from C.R.S. § 12-14-136 and amended by 2017 Ch. 260, §1, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1104, § 1, effective August 9.
This section is similar to former § 12-14-136 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 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-134.5 - Debts sold or resold after January 1, 2018

This article 16 applies to debt buyers with respect to consumer debts sold or resold on or after January 1, 2018.
Renumbered from C.R.S. § 12-14-136.5 by the code revisor.
Added by 2017 Ch. 285,§ 11, eff. 6/1/2017.
L. 2017: Entire section added, (SB 17-216), ch. 285, p. 1581, § 11, effective June 1.
This section was numbered as § 12-14-136.5 in SB 17-216 (see L. 2017, p. 1581 ). That provision was relocated and harmonized with this article as it appears in HB 17-1238.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › DEBT MANAGEMENT (§§ 5-16-101 — 5-21-116) › Article 16 - COLORADO FAIR DEBT COLLECTION PRACTICES ACT (§§ 5-16-101 — 5-16-135) › Section 5-16-135 - Repeal of article

This article 16 is repealed, effective September 1, 2028. Before its repeal, this article 16 is scheduled for review in accordance with section
24-34-104
.
Renumbered from C.R.S. § 12-14-137 and amended by 2017 Ch. 260,§ 1, eff. 8/9/2017.
Amended by 2017 Ch. 285,§ 2, eff. 6/1/2017.
L. 2017: Entire section amended, (SB 17-216), ch. 285, p. 1577, § 2, effective June 1; entire article added with relocations, (HB 17-1238), ch. 260, p. 1105, § 1, effective August 9.
(1) This section is similar to former § 12-14-137 as it existed prior to 2017.
(2) This section was numbered as § 12-14-137 in SB 17-216 (see L. 2017, p. 1577 ). That provision was harmonized with this section as it appears in HB 17-1238.
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 5-17-101 - Legislative declaration

The general assembly finds and determines that, to ensure that families receive the maximum amount of child support established by court or administrative order, additional consumer protections are needed for parents entitled to receive child support who contract with private collection agencies for the collection of child support.
Renumbered from C.R.S. § 12-14.1-101 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1105, § 2, effective August 9.
This section is similar to former § 12-14.1-101 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 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-103 - Application of the "Colorado Fair Debt Collection Practices Act"

(1)
Except as otherwise provided by the particular provisions of this article 17, this article 17 supplements the requirements of the "Colorado Fair Debt Collection Practices Act", article
16
of this title 5, including but not limited to prohibited practices, licensing, and administrative and legal enforcement as it is applied to private child support collectors.
(2)
Article
16
of this title 5 also applies to private child support collectors.
Renumbered from C.R.S. § 12-14.1-103 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1107, § 2, effective August 9.
This section is similar to former § 12-14.1-103 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 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-105 - Fees

(1)
A private child support collector may not charge an obligee a fee unless:
(a)
Before the obligee authorizes the fee, the amount of the fee, including the basis upon which the amount of the fee is calculated, is described accurately to the obligee in simple, easy-to-understand language; and
(b)
Before the obligee incurs the fee, the obligee has authorized the fee in writing.
(2)
A collector's contract with an obligee shall be for a specific dollar amount of child support to be collected. The contract shall explain in easy-to-understand language how the amount is to be calculated and may include any statutory interest to which the obligee is entitled and other amounts ordered by the court.
(3)
A collector may charge a contingency fee for the collection of child support that is based on a percentage of the total child support collected.
(4)
The maximum fee that may be charged by a collector as specified in subsection (3) of this section shall not exceed thirty-five percent of any amount collected.
(5)
No other fees, charges, or costs may be assessed against the obligee, including an application fee.
Renumbered from C.R.S. § 12-14.1-105 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1108, § 2, effective August 9.
This section is similar to former § 12-14.1-105 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 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-107 - Accounting for collections

(1)
A collector shall, on a monthly basis, provide to the obligee an accurate and up-to-date accounting that meets the requirements of rules promulgated by the administrator under section
5-17-113
. The accounting shall be provided to the obligee by mail, telephone, or secure internet connection. The obligee shall request in writing the preferred method that the collector should use to provide the accounting to the obligee.
(2)
In addition to the monthly accounting required pursuant to subsection (1) of this section, on request of the obligee at any time, the collector shall provide the obligee with any information pertaining to the case of the obligee, including the information described in this section, not more than five business days after the date the collector receives the request.
Renumbered from C.R.S. § 12-14.1-107 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1111, § 2, effective August 9.
This section is similar to former § 12-14.1-107 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 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-108 - Verification of account information

(1)
In lieu of section
5-16-109
, the following verification provisions shall apply to the collection of child support by a collector:
(a)
Not later than five days after a collector initially communicates with an obligor on behalf of an obligee with respect to the collection of child support due, unless the obligor has paid the child support, the collector shall send the obligor a written notice containing the following:
(I)
The name of the obligee;
(II)
A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and of the amount of the current child support owed by the obligor to the obligee;
(III)
A statement that the collector assumes that the obligor owes child support to the obligee and that the amounts owed as described in the statement pursuant to subsection (1)(a)(II) of this section are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice;
(IV)
A statement that if, within the thirty-day period described in subsection (1)(a)(III) of this section, the obligor notifies the collector in writing that the obligor disputes the existence or amount of the child support obligation, the collector will cease efforts to collect the child support, subject to subsection (1)(b) of this section, until the collector:
(A)
Obtains written verification of the existence or amount of the obligation or a copy of the judgment against the obligor; and
(B)
Mails to the obligor a copy of the verification or judgment; and
(V)
A statement that the arrears balance reflected does not include any amounts owed to a county delegate child support enforcement unit or state agency administering a state plan approved under Title IV-D of the federal "Social Security Act", as amended.
(b)
A statement made by a collector pursuant to subsection (1)(a)(IV) of this section shall not affect the enforceability of a valid income-withholding order or assignment issued by an appropriate authority under state law for child support collection purposes.
(c)
The failure of an obligor to dispute the amount or existence of child support pursuant to subsection (1)(a)(IV) of this section shall not be construed as an admission of liability by the obligor.
Renumbered from C.R.S. § 12-14.1-108 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1111, § 2, effective August 9.
This section is similar to former § 12-14.1-108 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 5-17-109 - Cancellation or termination of private child support enforcement service contract

(1)
An obligee may cancel a private child support enforcement service contract with a collector at any time within thirty days of signing the contract or after any twelve consecutive months in which the collector fails to make a collection. The notification of cancellation shall be in writing and shall be effective upon receipt of the notice by the collector. If the notification of cancellation is received by the collector subsequent to the thirty-day time period following the signing of the contract, the notification shall be valid if post-marked within the thirty-day time period.
(2)
Subject to the provisions of subsection (3) of this section, a private child support enforcement service contract may provide that, notwithstanding the cancellation of the contract by the obligee, the collector shall have the right to receive a fee for arrears collected under the contract if, as a result of the efforts of the collector, the obligee subsequently receives child support arrears or interest subject to collection pursuant to the contract. No other fees or costs shall be assessed for the cancellation of the contract.
(3)
An obligee shall have no obligation pursuant to the private child support enforcement service contract if:
(a)
The obligee cancels the contract:
(I)
At any time before midnight of the thirtieth business day after signing the contract; or
(II)
After any twelve consecutive months in which the private child support collector fails to make a collection; or
(b)
The collector violates this article 17 with respect to the contract.
(4)
A contract shall terminate without action by either party when the contract amount has been collected.
Renumbered from C.R.S. § 12-14.1-109 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1112, § 2, effective August 9.
This section is similar to former § 12-14.1-109 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 17 - COLORADO CHILD SUPPORT COLLECTION - CONSUMER PROTECTION ACT (§§ 5-17-101 — 5-17-113) › Section 5-17-110 - Civil liability

The provisions of section
5-16-113
, with the exception of the statute of limitations set forth in section
5-16-113(5)
, shall apply to any violation of this article 17 and are in addition to and not exclusive of any other remedies provided by law.
Renumbered from C.R.S. § 12-14.1-110 and amended by 2017 Ch. 260,§ 2, eff. 8/9/2017.
L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1112, § 2, effective August 9.
This section is similar to former § 12-14.1-110 as it existed prior to 2017.