reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-105.5 - [Repealed]

L. 86: Entire section added, p. 443, § 1, effective April 17. L. 87: (2)(e)(III) amended, p. 358, § 5, effective July 1. L. 88: (2)(e)(II) amended, p. 343, § 3, effective July 1. L. 92: (1)(a), (1)(b), (2)(a), (2)(b), (2)(c), IP(2)(d), (2)(e), and (2)(f) amended and (1)(a.5), (1)(e), (2)(i), and (2)(j) added, pp. 228, 231, §§ 1, 2, effective July 1. L. 93: IP(2), (2)(e)(I), and (2)(i), amended, p. 1573, § 2, effective July 1. L. 95. IP(2) and (2)(e) amended and (3) added, p. 1331, § 2, effective July 1. L. 99: Entire section repealed, p. 655, § 14, effective May 18.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-106 - Exclusions

(1)
This article does not apply to:
(a)
Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;
(b)
Publishers, including outdoor advertising media, advertising agencies, broadcasters, or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(c)
Actions or appeals pending on or before July 1, 1969.
(2)
This article shall not be interpreted to apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name, or other trade identification which was used and not abandoned prior to July 1, 1969, if the use was in good faith and is otherwise lawful except for the provisions of this article.
L. 69: p. 373, § 3. C.R.S. 1963: § 55-5-3.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-108 - Subpoenas - hearings - rules

(1)
When the attorney general or a district attorney has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a deceptive trade practice listed in section
6-1-105
or part 7 or 13 of this article 1, the attorney general or a district attorney, in addition to other powers conferred upon the attorney general or a district attorney by this article 1, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 1.
(2)
Service of any notice or subpoena may be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.
(3)
(a)
If the records of a person who has been issued a subpoena are located outside this state, the person shall either:
(I)
Make them available to the attorney general or district attorney at a convenient location within this state; or
(II)
Pay the reasonable and necessary expenses for the attorney general or district attorney, or his or her designee, to examine the records at the place where they are maintained.
(b)
The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney.
Amended by 2021 Ch. 483, § 5, eff. 7/1/2023.
Amended by 2017 Ch. 64, § 1, eff. 3/20/2017.
Amended by 2016 Ch. 94, § 3, eff. 8/10/2016.
Amended by 2013 Ch. 270, § 2, eff. 7/1/2013.
L. 69: p. 374, § 5. C.R.S. 1963: § 55-5-5. L. 77: (1) amended, p. 349, § 4, effective July 1. L. 2013: (3) added, (SB 13-248), ch. 1417, p. 1417, § 2, effective July 1. L. 2016: (1) amended, (HB 16 -1094), ch. 264, p. 264, § 3, effective August 10. L. 2017: (1) and (2) amended, (HB 17 -1023), ch. 204, p. 204, § 1, effective March 20.
Section 7(2) of chapter 483 (SB 21-190), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 1, 2023.
For service of subpoena, see C.R.C.P. 45(c).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-109 - Remedies

(1)
If any person fails to cooperate with any investigation pursuant to section
6-1-107
or fails to obey any subpoena pursuant to section
6-1-108
, the attorney general or a district attorney may apply to the appropriate district court for an appropriate order to effect the purposes of this article 1. The application shall state that there are reasonable grounds to believe that the order applied for is necessary to investigate a deceptive trade practice as defined in this article 1. If the court is satisfied that reasonable grounds exist, the court in its order may:
(a)
Grant injunctive relief restraining the sale or advertisement of any property by such person;
(b)
Require the attendance of or the production of documents by such person, or both;
(c)
Grant such other or further relief as may be necessary to obtain compliance by such person.
Amended by 2018 Ch. 42,§ 1, eff. 3/15/2018.
L. 69: p. 374, § 6. C.R.S. 1963: § 55-5-6. L. 77: IP(1) amended, p. 349, § 5, effective July 1. L. 2018: IP(1) amended, (HB 18-1028), ch. 42, p. 467, § 1, effective March 15.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-111 - Information and evidence confidential and inadmissible - when

(1)
Any testimony obtained by the attorney general or a district attorney pursuant to compulsory process under this article or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. The provisions of this subsection (1) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.
(2)
Subject to the provisions of section
6-1-110(2)
, the records of investigations or intelligence information of the attorney general or a district attorney obtained under this article may be deemed public records available for inspection by the general public at the discretion of the attorney general or the district attorney. This subsection (2) shall not be construed to prevent the attorney general or a district attorney from issuing public statements describing or warning of any course of conduct or any conspiracy which constitutes a deceptive trade practice, whether on a local, statewide, regional, or nationwide basis.
L. 69: p. 375, § 8. C.R.S. 1963: § 55-5-8. L. 77: Entire section amended, p. 350, § 7, effective July 1. L. 81: (1) amended, p. 401, § 1, effective April 30. L. 88: (2) amended, p. 344, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-114 - Criminal penalties

Any person who promotes a pyramid promotional scheme in this state commits a class 1 misdemeanor, as defined in section
18-1.3-501
. Any person who violates article
230
of title
12
or section
6-1-701
or
6-1-717
commits a class 2 misdemeanor.
Amended by 2021 Ch. 462,§ 56, eff. 3/1/2022.
Amended by 2019 Ch. 136,§ 9, eff. 10/1/2019.
Amended by 2013 Ch. 401,§ 2, eff. 7/1/2013.
Amended by 2013 Ch. 271,§ 3, eff. 5/24/2013.
L. 73: p. 620, § 5. C.R.S. 1963: § 55-5-14. L. 89: Entire section amended, p. 820, § 2, effective July 1. L. 92: Entire section amended, p. 231, § 3, effective July 1. L. 99: Entire section amended, p. 654, § 7, effective May 18. L. 2002: Entire section amended, p. 1465, § 11, effective October 1. L. 2007: Entire section amended, p. 1728, § 6, effective June 1; entire section amended, p. 809, § 2, effective July 1. L. 2008: Entire section amended, p. 1879, § 6, effective August 5. L. 2013: Entire section amended, (SB 13-228), ch. 1425, p. 1425, § 3, effective May 24; entire section amended, (SB 13-238), ch. 2349, p. 2349, § 2, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 1644, p. 1644, § 9, effective October 1.
(1) Amendments to this section by Senate Bill 07-208 and Senate Bill 07-085 were harmonized.
(2) Amendments to this section by Senate Bill 13-228 and Senate Bill 13-238 were harmonized.
(3) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 1 - CONSUMER PROTECTION - GENERAL (§§ 6-1-101 — 6-1-116) › Section 6-1-115 - Limitations

All actions brought under this article must be commenced within three years after the date on which the false, misleading, or deceptive act or practice occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. The period of limitation provided in this section may be extended for a period of one year if the plaintiff proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the plaintiff to refrain from or postpone the commencement of the action.
L. 87: Entire section added, p. 360, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Collision damage waiver" means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees, for a charge, to waive any and all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement.
(2)
"Lessee" means any person or organization obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement.
(3)
"Lessor" means any person or organization in the business of providing rental motor vehicles to the public.
(4)
"Private passenger type automobile or vehicle" means a motor vehicle of the private passenger or station wagon type, including passenger vans and minivans that are primarily for the transport of persons.
(5)
"Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a rental motor vehicle by a lessee for a period of less than one hundred eighty days.
(6)
"Rental motor vehicle" means a private passenger type automobile or vehicle which, upon execution of a rental agreement, is made available to a lessee for its use.
L. 89: Entire part added, p. 361, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-202 - Prohibited act

No lessor engaged in renting motor vehicles may sell to any lessee renting a motor vehicle in this state a collision damage waiver as part of the rental contract unless the lessor first gives the lessee written disclosure, as provided in section
6-1-203
, of the terms and provisions of such waiver.
L. 89: Entire part added, p. 361, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-203 - Collision damage waiver form - requirements - failure to comply

(1)
Any collision damage waiver form shall conform to the following requirements:
(a)
It shall be understandable and written in simple and readable plain language;
(b)
The terms of such collision damage waiver, including, but not limited to, any conditions or exclusions applicable to the collision damage waiver, shall be prominently displayed;
(c)
All restrictions, conditions, or provisions in, or endorsed on, the collision damage waiver shall be printed in type at least as large as brevier or ten-point type;
(d)
The collision damage waiver shall include a statement of the total charge for the anticipated rental period or the anticipated total daily charge; and
(e)
The agreement containing the collision damage waiver shall display the following notice on the face of the agreement, set apart and in bold-faced type, and in type at least as large as ten-point type:
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
(2)
The failure by a lessor to comply with any provision of this section is a deceptive trade practice under the provisions of this article.
L. 89: Entire part added, p. 362, § 1, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-204 - Prohibited exclusion

(1)
No collision damage waiver subject to this part 2 shall contain an exclusion from the waiver for damages caused by the ordinary negligence of the lessee. Any such exclusion in violation of this section will be void and is a deceptive trade practice under this article. This section shall not be deemed to prohibit an exclusion from the waiver for damages caused by the lessee by:
(a)
Willful and wanton conduct or misconduct;
(b)
Intoxication by alcohol or use of controlled substances as defined in section
42-4-1301
, C.R.S.;
(c)
Participation in a speed contest;
(d)
Carrying persons or property for hire, or pushing or towing anything;
(e)
Use of the vehicle while committing a misdemeanor or felony or other criminal act;
(f)
Use of the vehicle by an unauthorized driver, which includes any person not specifically authorized by the rental agreement;
(g)
Supplying information which is false concerning the rental transaction with intent to defraud the lessor;
(h)
Use of the vehicle outside the continental United States, unless specifically authorized by the rental agreement; and
(i)
Any instance whereby, during the rental of such rental motor vehicle, the speedometer or odometer is tampered with or disconnected.
L. 89: Entire part added, p. 362, § 1, effective 1/1/1990. L. 94: (1)(b) amended, p. 2544, § 15, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-205 - Information to be disclosed in advertisements for rental agreements for rental motor vehicles

In any advertisement to the public for a rental agreement for a rental motor vehicle that includes a rental rate, the lessor shall prominently disclose on the face of any such advertisement the daily charge of any collision damage waiver offered, a statement informing a prospective lessee that he or she should review his or her own automobile insurance coverage to determine if such coverage applies to the use of a rental motor vehicle, and a statement that a prospective lessee may also wish to determine whether his or her credit card or travel and entertainment card provides collision damage coverage for use of a rental motor vehicle or other such privilege of membership.
L. 89: Entire part added, p. 363, § 1, effective 1/1/1990. L. 2006: Entire section amended, p. 427, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 2 - AUTO RENTAL CONTRACTS - COLLISION DAMAGE WAIVERS (§§ 6-1-201 — 6-1-207) › Section 6-1-206 - Additional mandatory charges - required disclosures - definitions

(1)
If a motor vehicle rental company imposes additional mandatory charges, the rental company shall:
(a)
Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. The good-faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing a rental reservation based on the information provided by the potential customer.
(b)
Disclose in the rental contract provided to the renter the total charges for the entire rental, including all additional mandatory charges. Total charges for the entire rental do not include any charges that cannot be determined at the time the rental commences.
(2)
As used in this section:
(a)
"Additional mandatory charge" means any separately stated charges that a motor vehicle rental company requires a renter to pay that specifically relate to the operation of a rental vehicle. "Additional mandatory charge" includes, but is not limited to, a customer facility charge, airport concession recovery fee, road safety program fee, vehicle license recovery fee, or any government imposed taxes or fees.
(b)
"Motor vehicle" has the meaning set forth in section
44-20-102
.
(c)
"Motor vehicle rental company" has the meaning set forth in section
10-1-102
.
(d)
"Quote" means an estimated cost of rental provided by a motor vehicle rental company to a potential customer based on information provided by the customer, including potential dates of rental, location, or class of vehicle.
(e)
"Vehicle license recovery fee" means a charge to recover costs incurred by a motor vehicle rental company to license, title, register, plate, or inspect a rental vehicle.
Amended by 2019 Ch. 390,§ 2, eff. 8/2/2019.
Added by 2018 Ch. 36,§ 2, eff. 8/8/2018.
L. 2018: Entire section added, (SB 18-100), ch. 36, p. 392, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 3 - PREVENTION OF TELEMARKETING FRAUD (§§ 6-1-301 — 6-1-306) › Section 6-1-301 - Legislative declaration

The general assembly hereby finds, determines, and declares that the use of telephones for commercial solicitation is rapidly increasing; that this form of communication offers unique benefits, but entails special risks and poses the potential for abuse; that the general assembly finds that the widespread practice of fraudulent and deceptive commercial telephone solicitation has caused substantial financial losses to thousands of consumers, and, particularly, elderly, homebound, and otherwise vulnerable consumers, and is a matter vitally affecting the public interest; and, therefore, that the general welfare of the public and the protection of the integrity of the telemarketing industry requires statutory regulation of the commercial use of telephones.
L. 93: Entire part added, p. 944, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 3 - PREVENTION OF TELEMARKETING FRAUD (§§ 6-1-301 — 6-1-306) › Section 6-1-305 - Penalties

(1)
In addition to the remedies available under sections
6-1-110
,
6-1-112
, and
6-1-113
:
(a)
Any person who, after receiving written notice of noncompliance from the attorney general or a district attorney, conducts business as a commercial telephone seller without having registered with the attorney general as required by section
6-1-303
commits a class 1 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.;
(b)
Any commercial telephone seller who knowingly engages in any unlawful telemarketing practice as defined in section
6-1-304(1)(b) to (1)(h)
commits a class 1 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.;
(c)
A person who engages in any unlawful telemarketing practice as defined in section
6-1-304(4)
shall be liable in a private civil action to the owner of the cellular telephone for consequential damages, court costs, attorney fees, and a penalty in the amount of at least three hundred dollars and not more than five hundred dollars for a first offense and at least five hundred dollars and not more than one thousand dollars for a second or subsequent offense.
L. 93: Entire part added, p. 950, § 3, effective July 1. L. 2002: (1)(a) and (1)(b) amended, p. 1465, § 12, effective October 1. L. 2005: (1)(c) added, p. 630, § 2, effective August 8.
For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (1)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 3 - PREVENTION OF TELEMARKETING FRAUD (§§ 6-1-301 — 6-1-306) › Section 6-1-306 - [Repealed]

L. 93: Entire part added, p. 951, § 3, effective July 1. L. 96: Entire section repealed, p. 788, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-401 - Legislative intent

(1)
It is the intent of the general assembly to encourage and promote independent living and self-sufficiency for persons with disabilities and to reduce their need to rely on publicly funded supports. Of an estimated forty-nine million Americans with disabilities, approximately seventy percent of them are unemployed or underemployed. Having safe, reliable assistive technology represents a most essential need given the many barriers to independent living and self-sufficiency people with disabilities face.
(2)
The goal of meeting this essential need can be furthered by assuring that assistive technology provided to persons with disabilities is of quality and is covered by adequate warranties to maintain their assistive technology in proper working condition, to assure availability of appropriate loaner replacement assistive technology while their own is being repaired, and to encourage manufacturers and dealers to cooperatively pool assistive technology resources for loaner purposes to assure availability without an undue burden.
(3)
The general assembly finds and declares it is in the state's best interest to adopt this part 4.
L. 97: Entire part added, p. 604, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-403 - Express warranty required - authorized servicers

(1)
(a)
Except as provided in subsection (2) of this section, a consumer who purchases or leases a new wheelchair either directly or indirectly through a dealer or lessor shall receive an express warranty for such wheelchair. The manufacturer shall issue this express warranty that shall extend for not less than one year after first delivery to the consumer.
(b)
Except as provided in subsection (2) of this section, a selling dealer shall provide an express warranty for any modifications made by the dealer that shall also extend for not less than six months after first delivery to the consumer.
(2)
Notwithstanding the provisions of subsection (1) of this section, the warranty for the specialty control module shall be limited to the warranty provided by the manufacturer of such specialty control module or ninety days, whichever is longer.
(3)
If a manufacturer or dealer fails to furnish the express warranty required by this section, the wheelchair shall be covered by a warranty the same as if an express warranty had been provided by the manufacturer or dealer pursuant to this section.
(4)
Any entity that sells or leases wheelchairs in this state, including any entity that sells or leases through mail order or catalogue sales, shall designate an authorized servicer for such chairs that is located in this state in reasonable proximity to the consumer.
(5)
(a)
In the event that the selling dealer from whom the consumer purchased the wheelchair goes out of business or ceases to be an authorized dealer or service center for the manufacturer, or if the dealer or consumer moves or relocates to a location that makes it unreasonable for the consumer to seek warranty service from the selling dealer, or if the consumer is dissatisfied with the selling dealer, the consumer shall be responsible for contacting the manufacturer or another authorized dealer which will be responsible for facilitating the warranty service required with an authorized dealer, to be mutually agreed upon by the consumer and the manufacturer, which entity shall be referred to as the alternative warranty service provider.
(b)
In the event that an alternative warranty service provider is designated pursuant to paragraph (a) of this subsection (5), the consumer may only seek warranty service from such alternative warranty service provider.
(c)
To the extent reasonable and possible, the manufacturer shall take into account the independent mobility resources of the consumer when determining the alternative warranty service provider pursuant to the provisions of this subsection (5).
L. 97: Entire part added, p. 607, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-405 - Remedies for consumers of purchased wheelchairs - conditions

(1)
To receive a refund or a replacement wheelchair, the consumer of a purchased wheelchair shall first offer to transfer the wheelchair with the nonconformity to the manufacturer, selling dealer, or alternative warranty service provider.
(2)
Within thirty business days after receipt of the offer described in subsection (1) of this section, the manufacturer or dealer shall provide the consumer with a refund or a replacement wheelchair.
(3)
When a manufacturer or dealer provides a consumer with a refund or a replacement wheelchair, such consumer shall return the wheelchair with the nonconformity, if such wheelchair is safely operable, to the manufacturer or dealer with any endorsements necessary to transfer possession to the manufacturer or dealer. When the wheelchair is not safely movable and there is no reasonable way for the consumer to deliver the wheelchair to the manufacturer or dealer, the manufacturer or dealer shall be responsible for the return of the wheelchair.
L. 97: Entire part added, p. 610, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-406 - Remedies for consumers of leased wheelchairs - conditions

(1)
To receive a refund due on a leased wheelchair, a consumer shall first offer to return the wheelchair with the nonconformity to the lessor.
(2)
Within thirty business days after receipt of the offer described in subsection (1) of this section, the lessor shall provide the consumer with a refund.
(3)
When a lessor provides a consumer with a refund, such consumer shall return the wheelchair with the nonconformity to such lessor.
(4)
A lessor shall offer to transfer to a manufacturer or dealer the possession of a wheelchair returned pursuant to subsection (3) of this section. Within thirty business days after receiving such offer, the manufacturer or dealer shall remit the refund amount to the lessor. When the manufacturer or dealer makes such refund, the lessor shall provide the manufacturer or dealer with the endorsements necessary to transfer possession to the manufacturer or dealer.
L. 97: Entire part added, p. 610, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-407 - Resale of a returned wheelchair - disclosure required

A wheelchair returned pursuant to this part 4 by a consumer in this state, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure is made to the prospective consumer of the reasons for the return.
L. 97: Entire part added, p. 611, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-408 - Other remedies - waiver of rights void

(1)
This part 4 shall not limit the rights or remedies available to a consumer under any other law of this state.
(2)
If a consumer waives the rights granted to consumers pursuant to this part 4, such waiver shall be void as against public policy.
(3)
Notwithstanding the remedies that are available to a consumer pursuant to this part 4, a consumer may pursue any other remedy, including an action to recover for damages caused by a violation of this part 4. If a manufacturer or dealer is found to have violated this part 4, a consumer shall be awarded the amount of actual damages caused by the violation and reasonable attorney fees. The consumer may be awarded collateral costs and punitive damages.
L. 97: Entire part added, p. 611, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-409 - Fraudulent acts

Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 4 with the intention of requiring payment of the cost of such repair to be made by a publicly funded program of public assistance, medical assistance, or rehabilitation assistance commits the crime of theft, which crime shall be classified in accordance with section
18-4-401(2)
, C.R.S., and which crime shall be punished as provided in section
18-1.3-401
, C.R.S., if the crime is classified as a felony, or section
18-1.3-501
, C.R.S., if the crime is classified as a misdemeanor.
L. 97: Entire part added, p. 611, § 1, effective July 1. L. 2002: Entire section amended, p. 1465, § 13, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-410 - Arbitration

Disputes among manufacturers, dealers, and lessors concerning the enforcement of rights or remedies of consumers under this part 4 shall be subject to arbitration pursuant to the Colorado rules of civil procedure. The award of the arbitration panel shall be binding upon the parties and shall only be subject to court review by trial de novo.
L. 97: Entire part added, p. 611, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-411 - Defect notification

(1)
A manufacturer shall be responsible for providing written notification to an owner, user, purchaser, dealer, lessor, or consumer of any known or discovered inherent defect in a wheelchair that affects the safety, usability, or reliability of that wheelchair. The manufacturer shall send such notification by first class mail to the last known address of the owner, user, purchaser, dealer, lessor, or consumer within fourteen days after learning of such a defect.
(2)
A manufacturer shall be responsible for the costs of providing the notification required in subsection (1) of this section and for all costs associated with correcting any defect described in subsection (1) of this section.
(3)
The provisions of this section shall apply without time limitations.
L. 97: Entire part added, p. 611, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 4 - WARRANTIES FOR ASSISTIVE TECHNOLOGY ACT (§§ 6-1-401 — 6-1-412) › Section 6-1-412 - Disclosures

(1)
Prior to the sale of any wheelchair, the seller shall disclose whether the wheelchair is new or used and whether any warranty applies to such wheelchair.
(2)
Upon delivery of a new or used wheelchair, the seller shall advise the buyer of any warranty rights under this part 4 and the wheelchair's maintenance schedule and operating instructions and shall provide the buyer with a copy of the owner's manual.
(3)
The disclosure required pursuant to subsection (1) of this section and the advisement required pursuant to subsection (2) of this section shall be in writing and shall, in the case of buyer who is a person adjudicated not mentally competent, be provided to the guardian, parent, legal custodian, or primary caregiver of such person.
L. 97: Entire part added, p. 612, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-502 - Express warranty required - authorized servicers

(1)
A consumer who purchases or leases a new facilitative device either directly or indirectly through a dealer or lessor shall receive an express warranty for such facilitative device. The manufacturer shall issue this express warranty that shall extend for not less than one year after first delivery to the consumer.
(2)
If a manufacturer or dealer fails to furnish the express warranty required by this section, the facilitative device shall be covered by a warranty the same as if an express warranty had been provided by the manufacturer or dealer pursuant to this section.
(3)
Any entity that sells or leases facilitative devices in this state, including any entity that sells or leases through mail order or catalogue sales, shall designate an authorized servicer for such facilitative devices that is accessible to the consumer.
(4)
(a)
In the event that the selling dealer from whom the consumer purchased the facilitative device goes out of business or ceases to be an authorized dealer or service center for the manufacturer, or if the dealer or consumer moves or relocates to a location that makes it unreasonable for the consumer to seek warranty service from the selling dealer, or if the consumer is dissatisfied with the selling dealer, the consumer shall be responsible for contacting the manufacturer or another authorized dealer which will be responsible for facilitating the warranty service required with an authorized dealer, to be mutually agreed upon by the consumer and the manufacturer, which entity shall be referred to as the "alternative warranty service provider".
(b)
In the event that an alternative warranty service provider is designated pursuant to paragraph (a) of this subsection (4), the consumer may only seek warranty service from such alternative warranty service provider.
L. 98: Entire part added, p. 197, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-504 - Remedies for consumers of purchased facilitative devices - conditions

(1)
To receive a refund or a replacement facilitative device, the consumer of a purchased facilitative device shall first offer to transfer the facilitative device with the nonconformity to the manufacturer, selling dealer, or alternative warranty service provider.
(2)
Within thirty business days after receipt of the offer described in subsection (1) of this section, the manufacturer or dealer shall provide the consumer with a refund or a replacement facilitative device.
(3)
When a manufacturer or dealer provides a consumer with a refund or a replacement facilitative device, such consumer shall return the facilitative device with the nonconformity to the manufacturer or dealer with any endorsements necessary to transfer possession to the manufacturer or dealer.
L. 98: Entire part added, p. 199, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-505 - Remedies for consumers of leased facilitative devices - conditions

(1)
To receive a refund due on a leased facilitative device, a consumer shall first offer to return the facilitative device with the nonconformity to the lessor.
(2)
Within thirty business days after receipt of the offer described in subsection (1) of this section, the lessor shall provide the consumer with a refund.
(3)
When a lessor provides a consumer with a refund, such consumer shall return the facilitative device with the nonconformity to such lessor.
(4)
A lessor shall offer to transfer to the manufacturer or dealer possession of the facilitative device returned pursuant to subsection (3) of this section. Within thirty business days after receiving such offer, the manufacturer or dealer shall remit the refund amount to the lessor. When the manufacturer or dealer makes such refund, the lessor shall provide the manufacturer or dealer with the endorsements necessary to transfer possession to the manufacturer or dealer.
L. 98: Entire part added, p. 199, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-506 - Resale of a returned facilitative device - disclosure required

A facilitative device returned pursuant to this part 5 by a consumer in this state, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure is made to the prospective consumer of the reasons for the return.
L. 98: Entire part added, p. 200, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-507 - Other remedies - waiver of rights void - limitation of coverage

(1)
This part 5 shall not limit the rights or remedies available to a consumer under any other law of this state.
(2)
This part 5 shall be in addition to and shall not limit the rights or remedies available to a consumer under any manufacturer's warranty with respect to a facilitative device or other technological device designed to be used by and assist a person with a disability, regardless of the retail price of the facilitative device or other technological device.
(3)
If a consumer waives the rights granted to consumers pursuant to this part 5, such waiver shall be void as against public policy.
(4)
Notwithstanding the remedies that are available to a consumer pursuant to this part 5, a consumer may pursue any other remedy, including an action to recover damages caused by a violation of this part 5. If a manufacturer or dealer is found to have violated this part 5, a consumer shall be awarded the amount of actual damages caused by the violation and reasonable attorney fees. The consumer may be awarded collateral costs and punitive damages.
(5)
Nothing in this part 5 shall be deemed or construed to be a warranty to consumers of wheelchairs described in part 4 of this article.
L. 98: Entire part added, p. 200, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-508 - Fraudulent acts

Any manufacturer, dealer, or lessor that engages in conduct to delay making a final repair that is required as a consequence of the enforcement of warranties or duties under this part 5 with the intention of requiring payment of the cost of such repair to be made by a publicly funded program of public assistance, medical assistance, or rehabilitation assistance commits the crime of theft, which crime shall be classified in accordance with section
18-4-401(2)
, C.R.S., and which crime shall be punished as provided in section
18-1.3-401
, C.R.S., if the crime is classified as a felony, or section
18-1.3-501
, C.R.S., if the crime is classified as a misdemeanor.
L. 98: Entire part added, p. 200, § 1, effective July 1. L. 2002: Entire section amended, p. 1465, § 14, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-509 - Arbitration

Disputes among manufacturers, dealers, and lessors concerning the enforcement of rights or remedies of consumers under this part 5 shall be subject to arbitration pursuant to the Colorado rules of civil procedure. The award of the arbitration panel shall be binding upon the parties and shall only be subject to court review by trial de novo.
L. 98: Entire part added, p. 200, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 5 - WARRANTIES FOR FACILITATIVE TECHNOLOGY ACT (§§ 6-1-501 — 6-1-511) › Section 6-1-510 - Defect notification

(1)
A manufacturer shall be responsible for providing written notification to an owner, user, purchaser, dealer, lessor, or consumer of any known or discovered inherent defect in a facilitative device that affects the safety, usability, or reliability of that facilitative device. The manufacturer shall send such notification by first-class mail to the last-known address of the owner, user, purchaser, dealer, lessor, or consumer within fourteen days after learning of such a defect.
(2)
A manufacturer shall be responsible for the costs of providing the notification required in subsection (1) of this section and for all costs associated with correcting any defect described in subsection (1) of this section.
(3)
The provisions of this section shall apply without time limitations.
L. 98: Entire part added, p. 201, § 1, effective July 1.