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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-103 - Definitions

As used in this article 4, unless the context otherwise requires:
(1)
"Commodity" includes any of the following for use, consumption, production, enjoyment, or resale:
(a)
Goods;
(b)
Merchandise;
(c)
Wares;
(d)
Produce;
(e)
Chose in action;
(f)
Land;
(g)
Articles of commerce; or
(h)
Any other tangible or intangible property, including real, personal, or mixed property.
(2)
"Governmental or public entity" means:
(a)
The state or any department, board, agency, instrumentality, authority, or commission of the state; and
(b)
Any political subdivision of the state, including:
(I)
A county, city, or city and county;
(II)
A school district as defined in section
22-36-107 (2)(c)
;
(III)
A local improvement district as defined in section
32-7-103 (7)
;
(IV)
A law enforcement authority;
(V)
A water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district created pursuant to title 32;
(VI)
Any other municipal, quasi-municipal, or public corporation organized pursuant to the state constitution or other law; and
(VII)
Any department, board, agency, instrumentality, authority, or commission of a political subdivision of the state.
(3)
"Person" includes an individual or a firm, association, organization, business trust, company, corporation, joint venture, partnership, proprietorship, or other business entity, whether or not for profit, and any governmental or public entity.
(4)
"Service" includes any kind of activity performed in whole or in part for economic or noneconomic benefit.
(5)
"Trade or commerce" means any and all economic activity carried on wholly or partially in the state that involves or relates to any commodity or service.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 236, § 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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-104 - Illegal restraint of trade or commerce

(1)
Entering into or engaging in any of the following in restraint of trade or commerce is illegal:
(a)
A contract;
(b)
A combination in the form of a trust or other form of combination; or
(c)
A conspiracy.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 237, § 1, effective July 1.
This section is similar to former § 6-4-101, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-105 - Monopolization and attempt to monopolize

It is illegal for any person to monopolize, attempt to monopolize, or combine or conspire with any other person to monopolize any part of trade or commerce.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 237, § 1, effective July 1.
This section is similar to former § 6-4-102, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-106 - Bid-rigging

(1)
It is illegal for any person to contract, combine, or conspire with any person to rig any bid, or any aspect of the bidding process, in any way related to the provision of any commodity or service.
(2)
For purposes of this section, each separate instance of bid-rigging constitutes a separate violation of this section, regardless of whether a single conspiracy is found to exist encompassing more than one such violation.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 237, § 1, effective July 1.
This section is similar to former § 6-4-102, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-107 - Mergers - acquisitions

(1)
It is illegal for any person engaged in trade or commerce to acquire, directly or indirectly, the whole or any part of the stock, other share capital, or assets of another person engaged in trade or commerce if the effect of the acquisition may substantially lessen competition or tend to create a monopoly.
(2)
Nothing in this section prohibits any person from:
(a)
Acquiring stock of another person solely for investment purposes, so long as the acquisition of stock is not used, by voting or otherwise, to bring about or to attempt to bring about the substantial lessening of competition; or
(b)
Causing the formation of subsidiary corporations or from owning and holding all or any part of the stock of a subsidiary corporation.
(3)
The attorney general shall not challenge the merger or acquisition of any bank or bank holding company by or with any other bank or bank holding company that is subject to the provisions of any of the federal banking laws, except as specifically provided in those federal banking laws.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
Amended by 2020 Ch. 31, § 1, eff. 9/14/2020.
L. 92: Entire article R&RE, p. 237, § 1, effective July 1.
Section 2(2) of chapter 31 (SB 20-064), Session Laws of Colorado 2020, provides that the act repealing this section applies to mergers commenced on or after September 14, 2020.
For the "Clayton Act", see 38 Stat. 730; for section 7A of the "Clayton Act", as referred to in subsection (3), see 15 U.S.C. sec. 18a .
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-108 - Facilitating or aiding and abetting

(1)
It is unlawful to facilitate or aid and abet another person in violating this article 4.
(2)
Each separate instance of facilitating or aiding and abetting another person in violating this article 4 is a separate violation of this article 4.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
Amended by 2023 Ch. 303,§ 4, eff. 8/7/2023.
Amended by 2019 Ch. 136, § 14, eff. 10/1/2019.
L. 92: Entire article R&RE, p. 238, § 1, effective July 1. L. 93: (5) added, p. 1898, § 2, effective July 1. L. 94: (6) added, p. 1941, § 5, effective July 1. L. 95: (5)(a) and (5)(b) amended, p. 511, § 6, effective May 16. L. 2004: (6) amended, p. 1009, § 16, effective August 4. L. 2019: (3) amended, (HB 19-1172), ch. 1645, p. 1645, § 14, effective October 1.
This section is similar to former § 6-4-103, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-109 - Exemptions

(1)
The labor of an individual is not a commodity, a service, or an article of trade or commerce.
(2)
Nothing in this article 4 shall be construed to:
(a)
Forbid the existence and operation of a labor, agricultural, or horticultural organization that:
(I)
Is instituted for the purpose of providing mutual help or is engaged in making collective sales or marketing for its members or shareholders;
(II)
Does not have capital stock; and
(III)
Is not being conducted for profit; or
(b)
Forbid or restrain individual members of a labor, agricultural, or horticultural organization from lawfully carrying out the legitimate objectives of the organization.
(3)
A professional review committee constituted and conducting its reviews and activities in accordance with the provisions of part 2 of article
30
of title
12
, or the members of the professional review committee, shall not be held or construed to be an illegal combination or conspiracy in restraint of trade under this article 4.
(4)
Any person, activity, or conduct exempt or immune under the laws of this state or exempt or immune from the federal antitrust laws is exempt or immune from this article 4 without regard to any monetary threshold imposed by federal law; except that nothing in this article 4 shall be deemed to modify the specific provisions of part 4 of article
4
of title
10
.
(5)
Nothing in this article 4 prohibits or shall be construed to prohibit the formation and operation of:
(a)
Health-care coverage cooperatives pursuant to part 10 of article
16
of title
10
; or
(b)
Provider networks pursuant to part 3 of article
18
of this title 6.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 239, § 1, effective July 1.
This section is similar to former § 6-4-105, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-110 - Jurisdiction - venue

(1)
Primary jurisdiction of any cause of action brought pursuant to this article 4 is vested in the district courts of this state.
(2)
Any cause of action brought pursuant to this article 4 may be brought in any judicial district in which the alleged violation occurred, any injury was allegedly suffered, or any defendant resides.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 239, § 1, effective July 1. L. 2000: IP(1) amended, p. 245, § 4, effective March 30.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-112 - Enforcement by the attorney general

(1)
The attorney general may institute actions or proceedings to prevent or restrain violations of this article 4, including actions to prevent or restrain unfair methods of competition in or affecting commerce.
(2)
The attorney general may bring a civil action on behalf of the state or any governmental or public entity injured, either directly or indirectly, in its business or property by reason of any violation of this article 4 and, if successful, shall recover any actual damages sustained by the entity. If the violation alleged and proved is determined by the court to be a per se violation of this article 4, the attorney general, on behalf of the entity, may recover three times the actual damages that the entity sustains.
(3)
(a)
The attorney general may bring a civil action as
parens patriae
on behalf of any individual residing within the state who is injured, either directly or indirectly, in the individual's business or property by reason of any violation of this article 4 and, if successful, shall recover any actual damages sustained by the individual. If the violation alleged and proved is determined by the court to be a per se violation of this article 4, the attorney general, on behalf of the individual, may recover three times the actual damages that the individual sustains.
(b)
In any
parens patriae
action in which actual or treble damages are recovered, the court, in its discretion, may determine that the amount of damages recovered is too small to make any refund to parens group members practicable. In that event, the court may direct the damages to be paid to the general fund of the state or to some other governmental or public entity as the court deems appropriate or may require that damages be paid as rebates or price reductions to future consumers.
(4)
In addition to any other remedies provided in this article 4, the attorney general may request, and a court may make, orders or judgments as may be necessary to:
(a)
Fully compensate or make whole any person injured, either directly or indirectly, by means of any restraint of trade in violation of this article 4; or
(b)
Prevent any unjust enrichment by any person through any restraint of trade in violation of this article 4.
(5)
In any action brought pursuant to this article 4, the attorney general, if successful, is entitled to recover the costs of investigation, expert fees, costs of the action, and reasonable attorney fees.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 242, § 1, effective July 1. L. 93: (1) amended, p. 1574, § 5, effective July 1. L. 2009: (1) amended, (SB 09 -054), ch. 138, p. 597, § 2, effective August 5.
This section is similar to former § 6-4-107, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-113 - Civil penalties

(1)
The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state in an amount not to exceed one million dollars for each such violation.
(2)
In determining the amount of a civil penalty, the court shall consider, among other things:
(a)
The nature and extent of the violation;
(b)
The number of consumers affected by the violation;
(c)
Whether the violation was an isolated incident or a continuous pattern and practice of behavior;
(d)
Whether the violation was the result of willful conduct;
(e)
Whether the defendant took affirmative steps to conceal such violations; and
(f)
Whether, given the size and wealth of the defendant, the civil penalty will be an effective deterrent against future violations.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 242, § 1, effective July 1.
This section is similar to former § 6-4-105, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-114 - Enforcement - injunction

(1)
Any person injured, either directly or indirectly, in its business or property by reason of a violation of this article 4 may file an action to prevent or restrain the violation.
(2)
In any action brought pursuant to this section, the court, in its discretion, may award the prevailing party its expert witness fees, the costs of the action, and reasonable attorney fees.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 242, § 1, effective July 1.
This section is similar to former § 6-4-108, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-115 - Enforcement - civil damages

(1)
Any person injured, either directly or indirectly, in its business or property by reason of any violation of this article 4 may sue and, if successful, is entitled to recover any actual damages that the person sustained. If the violation alleged and proved is determined by the court to be a per se violation of this article 4, the person may recover three times the actual damages that the person sustains.
(2)
In any action brought pursuant to this section, the court, in its discretion, may award the prevailing party its expert fees, the costs of the action, and reasonable attorney fees.
(3)
No damages, costs, expert fees, costs of investigation, civil penalties, or attorney fees may be recovered from:
(a)
A governmental or public entity;
(b)
Any official, agent, or employee of a governmental or public entity acting in an official capacity; or
(c)
Any person based on any official action directed by a governmental or public entity.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 243, § 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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-116 - Notice to the attorney general

Any person that files a civil action that includes any allegation of a violation of this article 4 shall, simultaneously with the filing of the action in district court, serve a copy of the complaint on the attorney general.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 243, § 1, effective July 1.
This section is similar to former § 6-4-108, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-117 - Computation of damages

In any action brought pursuant to section
6-4-112
or
6-4-115
, the amount of damages may be calculated and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without requiring separate proof of any individual claim of, or amount of damages to, each person on whose behalf the action was brought.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 243, § 1, L. 2002: (2) amended, p. 1466, § 15, effective October 1.
This section is similar to former § 6-4-104, as it existed prior to 1992.
For the legislative declaration contained in the 2002 act amending subsection (2), 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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-118 - Enforcement - criminal proceedings

(1)
The attorney general shall prosecute all criminal proceedings for violations of this article 4, whether by indictment or direct information filed in the appropriate district court.
(2)
Any individual who violates section
6-4-104
,
6-4-105
, or
6-4-106
commits a class 5 felony and shall be punished as provided in section
18-1.3-401
.
(3)
Any person, other than an individual or a governmental or public entity, that violates section
6-4-104
,
6-4-105
, or
6-4-106
is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than five million dollars.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 243, § 1, effective July 1.
This section is similar to former § 6-4-104, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-119 - Statute of limitations

(1)
Any civil action commenced pursuant to this article 4 must be brought within four years after the date that the cause of action accrued. For purposes of this article 4, a cause of action accrues:
(a)
When the circumstances giving rise to the cause of action are discovered or should have been discovered in the exercise of reasonable diligence; or
(b)
On the date that the last in a series of acts or practices in violation of this article 4 occurred, including any acquisitions or series of acquisitions that, in the aggregate, may constitute a violation of this article 4.
(2)
Any criminal proceeding brought pursuant to this article 4 must be commenced within six years after the alleged criminal act occurred.
(3)
If the attorney general commences a proceeding or action for any violation of this article 4, the running of the statute of limitations with respect to every cause of action that is based in whole or in part on any matter complained of in the proceeding or action is suspended during the pendency of the proceeding or action and for one year after the conclusion of the proceeding or action.
(4)
Whenever any civil or criminal proceeding is brought by the United States to prevent, restrain, or punish violations of any federal antitrust laws, the running of the statute of limitations with respect to any action under this article 4 that is based in whole or in part on any matter complained of in the federal proceeding is suspended during the pendency of the federal proceeding and for one year after the conclusion of the federal proceeding.
(5)
Except as expressly provided in subsections (1) and (2) of this section, no other limitation terminates the period within which the attorney general may file an action for a violation of this article 4.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 244, § 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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-120 - Remedies - cumulative

The remedies provided in this article 4 are cumulative except as otherwise expressly limited.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 244, § 1, effective July 1.
This section is similar to former § 6-5-114, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-121 - Void contracts - refund

(1)
Any contract or agreement that a person makes while a member of any combination, conspiracy, trust, or pool prohibited under this article 4 that is founded upon, is the result of, grows out of, or is connected with any violation of this article 4, either directly or indirectly, is void, and the person may not recover based on or benefit from the contract or agreement.
(2)
Any payments made upon, under, or pursuant to a contract or agreement for the benefit of a person that is a member of any combination, conspiracy, trust, or pool prohibited under this article 4 may be recovered in an action brought by the party making the payments or by the party's heirs, personal representatives, or assigns.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 244, § 1, effective July 1.
This section is similar to former § 6-4-106, as it existed prior to 1992.
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 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-122 - Severability

If any provision of this article 4 or the application of this article 4 to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this article 4 that can be given effect without the invalid provision or application.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 244, § 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 5 - [Repealed] UNFAIR CIGARETTE SALES (§ 6-5-101) › Section 6-5-101 - to 6-5-114 - [Repealed]

L. 75: Entire article repealed, p. 261, § 1, effective July 1.
This article was numbered as article 3 of chapter 55, C.R.S. 1963.
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 6 - UNSOLICITED GOODS (§§ 6-6-101 — 6-6-103) › Section 6-6-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Unsolicited goods" means contractual obligations or other tangible or intangible property or services delivered to a person who has not ordered, solicited, or agreed to purchase them, but shall not include tangible or intangible goods or services which are misdirected, misdelivered, or offered in good faith in substitution for goods solicited by the recipient.
L. 75: Entire article added, p. 262, § 1, effective July 14. L. 93: (1) amended, p. 1574, § 6, 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 6 - UNSOLICITED GOODS (§§ 6-6-101 — 6-6-103) › Section 6-6-102 - Obligation of recipient

(1)
Unless otherwise agreed, where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender.
(2)
If such unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner he sees fit without any obligation to the sender.
L. 75: Entire article added, p. 262, § 1, effective July 14.
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 6 - UNSOLICITED GOODS (§§ 6-6-101 — 6-6-103) › Section 6-6-103 - Collections prohibited - penalty - definition

(1)
No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications.
(2)
(a)
The sender of a magazine or other periodical shall cancel a subscription if any invoice is returned by the recipient marked "cancel". Cancellation shall also occur when the recipient gives written notice of cancellation to the sender at the sender's address or at the address of the subscription department printed in the periodical, or, if no such department is listed, at the general business address of the periodical.
(b)
Notice of cancellation may be given by regular mail, and is effective on the date received by the sender. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression that the recipient wishes to terminate the subscription. Within sixty days after notice of cancellation for prepaid subscriptions, the sender shall refund to the recipient any amount paid for the subscription less the amount owed by the recipient for any periodicals, together with the postage thereon, if postage has been charged separately, received before the effective date of the notice of cancellation.
(c)
For purposes of this subsection (2), "sender" means the publisher of a periodical, any person acting as the agent of such publisher, and any person purporting to act as the agent of such publisher, and a seller of the periodical.
(3)
Violation of this section constitutes a petty offense. Violation of this section also constitutes a deceptive trade practice in violation of the "Colorado Consumer Protection Act", article
1
of this title 6, and is subject to remedies or penalties, or both, pursuant thereto.
Amended by 2021 Ch. 462,§ 61, eff. 3/1/2022.
L. 75: Entire article added, p. 262, § 1, effective July 14. L. 76: Entire section amended, p. 297, § 11, effective May 20. L. 93: Entire section amended, p. 1574, § 7, effective July 1. L. 95: Entire section amended, p. 387, § 1, effective July 1.
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.
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 6.5 - SOIL AND HAZARD ANALYSES OF RESIDENTIAL CONSTRUCTION (§ 6-6.5-101) › Section 6-6.5-101 - Disclosure to purchaser - penalty

(1)
At least fourteen days prior to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems.
(2)
In addition to any other liability or penalty, any builder or developer failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser.
(3)
The requirements of this section shall not apply to any individual constructing a residential structure for his own residence.
L. 84: Entire article added, p. 294, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7 - [Repealed] RESIDENTIAL BUILDING ENERGY CONSERVATION (§ 6-7-101) › Section 6-7-101 - to 6-7-106 - [Repealed]

Repealed by 2022 Ch. 301, § 9, eff. 6/2/2022.
L. 77: Entire article added, p. 354, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-101 - Legislative declaration

(1)
The general assembly finds and determines that efficiency standards for certain products sold in Colorado:
(a)
Assure consumers and businesses that such products meet minimum efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills;
(b)
Protect consumers and businesses against manufacturers who would otherwise sell, in Colorado, less efficient appliances that they cannot sell in states that have higher standards;
(c)
Save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and other fuels;
(d)
Improve electric system reliability and potentially reduce the need for new energy and water infrastructure based on the resulting energy and water savings;
(e)
Apply to products available at a price equal to or less than noncompliant products, or available at a minimal cost premium;
(f)
Have saved Coloradans billions of gallons of water since 2014, when WaterSense standards were enacted for plumbing fixtures, without sacrificing quality or product performance; and
(g)
Contribute to the economy of this state by helping to better balance supply and demand for both energy and water, thus reducing the upward pressure on prices for electricity, natural gas, and water caused by increased demand. In addition, efficiency standards allow consumers and businesses to use the money they save on utility bills to purchase local goods and services.
(2)
Therefore, the general assembly declares that the adoption of energy and water efficiency standards in accordance with this article 7.5 is a matter of state and local concern and serves the public interest of the people of Colorado.
Added by 2019 Ch. 356,§ 1, eff. 8/2/2019.
Amended by 2019 Ch. 356,§ 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3270, p. 3270, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-103 - [Repealed]

Repealed by 2023 Ch. 285,§ 2, eff. 8/7/2023.
Amended by 2019 Ch. 356, § 1, eff. 8/2/2019.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3277, p. 3277, § 1, effective August 2.
This section is similar to former § 6-7.5-102 as it existed prior to 2019.
2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-104 - Scope and applicability

(1)
Subject to subsection (2) of this section and as further specified in section
6-7.5-105
, this article 7.5 applies to the following products sold as new in Colorado:
(a)
Repealed.
(a.3)
Air purifiers;
(a.6)
Cold-temperature fluorescent lamps;
(b)
Commercial dishwashers;
(c)
Commercial fryers;
(d)
Commercial hot food holding cabinets;
(d.5)
Commercial ovens;
(e)
Commercial steam cookers;
(f)
Computers and computer monitors;
(f.2)
Electric storage water heaters;
(f.5)
Electric vehicle supply equipment;
(g)
Faucets;
(h)
Repealed.
(i)
Gas fireplaces;
(j)
High CRI fluorescent lamps;
(j.5)
Impact-resistant fluorescent lamps;
(j.7)
Irrigation controllers;
(k)
Portable air conditioners;
(l)
Portable electric spas;
(l.4)
Residential doors;
(l.6)
Residential skylights;
(m)
Residential ventilating fans;
(m.6)
Residential windows;
(m.8)
Showerheads;
(n)
Spray sprinkler bodies;
(o)
Thermostats;
(o.2)
Tub spout diverters and showerhead tub spout diverter combinations;
(o.4)
Urinals;
(o.6)
Water closets;
(p)
Water coolers; and
(q)
Other products as may be designated by the executive director pursuant to section
6-7.5-106
.
(2)
This article 7.5 does not apply to:
(a)
Products installed in mobile manufactured homes at the time of construction;
(b)
Products designed expressly for installation and use in recreational vehicles; or
(c)
Products held in inventory on or before:
(I)
The effective date of the applicable standard for each category of product set forth in this article 7.5; or
(II)
The effective date for each category of products, as determined by the executive director by rule pursuant to section
6-7.5-106
.
(3)
This article 7.5 is not enforceable against an employee of a contractor who installs, repairs, or replaces appliances and collects from the customer an amount representing both parts and labor.
(4)
This article 7.5 does not preempt any action of a statutory or home rule municipality, county, or city and county that prescribes additional or more restrictive water conservation or energy efficiency requirements affecting the sale or use of plumbing fixtures, appliances, or other products if the requirements comply with the standards specified in this article 7.5.
Amended by 2023 Ch. 285,§ 3, eff. 8/7/2023.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3277, p. 3277, § 1, effective August 2.
2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-106 - New and revised standards - rules

(1)
The executive director may adopt by rule a more recent version of any standard or test method established in section
6-7.5-105
, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states, so long as the resulting efficiency is equal to or greater than the efficiency achieved using the prior standard or test method. The executive director shall allow at least a one-year delay between the adoption by rule and the enforcement of any new standard or test method.
(2)
On or before January 1, 2026, and on or before January 1 every five years thereafter, the executive director shall promulgate rules establishing standards for products that are not described in section
6-7.5-104
or
6-7.5-105
if such standards:
(a)
Would improve energy or water conservation in the state; and
(b)
Exist in at least three other states or are published in finalized form by the Energy Star program or the WaterSense program.
(3)
After January 1, 2026, the executive director shall allow a one-year grace period after any standard, standard version, definition, or test method referenced in this article 7.5 is updated, during which time a product may meet either the previous standard or the updated standard, standard version, definition, or test method, as applicable.
Amended by 2023 Ch. 285,§ 5, eff. 8/7/2023.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3281, p. 3281, § 1, effective August 2.
2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-107 - Protection against repeal of federal standards

(1)
If any of the energy or water conservation standards issued or approved for publication by the office of the United States secretary of energy as of January 1, 2018, as set forth in
10 CFR 430
-
431
and promulgated pursuant to the "Energy Policy and Conservation Act", Pub.L. 94-163, are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards must be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease, or rental in Colorado unless it meets or exceeds such standards.
(2)
This section does not apply to a federal energy or water conservation standard set aside by a court upon the petition of a person that will be adversely affected by the standard, as provided in
42 U.S.C. sec. 6306 (b)
.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3281, p. 3281, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-108 - Utility programs during transition period

(1)
Should one or more products described in this article 7.5 be subject to withdrawal, repeal, or other actions that declare a federal standard invalid as described in section
6-7.5-107
, the public utilities commission shall permit a three-year phaseout for a utility operating energy efficiency programs that create incentives for or otherwise encourage the use of high-efficiency versions of the affected products. This phaseout shall commence on or after the date specified in section
6-7.5-105
; shall apply only to energy savings that will be mandated under this article 7.5; shall occur in equal reductions for each transition year; and must permit an orderly adjustment of the appliance or lighting market to ensure that residents and businesses in Colorado are not negatively affected by changes in product selection, business practices, and energy efficiency program opportunities related to the affected appliances or lighting products.
(2)
For products listed in this article 7.5 that are not subject to withdrawal or repeal, the public utilities commission shall allow at least a one-year transition for utility-sponsored energy efficiency programs starting on or after the date specified in section
6-7.5-105
.
Added by 2019 Ch. 356,§ 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3282, p. 3282, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-110 - Penalties - civil action by attorney general

(1)
A person shall not sell or offer to sell any new consumer product that is required to meet a standard established in this article 7.5 but that the person knows does not meet that standard.
(2)
Whenever the attorney general has probable cause to believe that any person or group of persons has violated or caused another to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows:
(a)
Any person who violates or causes another to violate subsection (1) of this section shall forfeit and pay a civil penalty of not more than two thousand dollars for each such violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section
24-38.5-102.4
. For purposes of this subsection (2)(a), a violation constitutes a separate violation with respect to each transaction or online for-sale product listing involved; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations.
(b)
Any person who violates or causes another to violate any provision of this article 7.5, where such violation was committed against an elderly person, shall forfeit and pay to the general fund of the state a civil penalty of not more than ten thousand dollars for each such violation. For purposes of this subsection (2)(b), a violation of this section constitutes a separate violation with respect to each elderly person involved.
Amended by 2023 Ch. 285,§ 7, eff. 8/7/2023.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3282, p. 3282, § 1, effective August 2.
2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.7 - Standards for Construction Projects that Receive State Financial Assistance (§§ 6-7.7-101 — 6-7.7-103) › Section 6-7.7-101 - Legislative declaration

(1)
The general assembly finds that:
(a)
Appliances certified by the Energy Star program meet strict energy efficiency and performance guidelines set by the federal environmental protection agency and the United States department of energy and can save an estimated twenty to thirty percent more energy than appliances that are not certified by the Energy Star program;
(b)
New building construction projects that use taxpayer dollars to purchase equipment should ensure that the equipment has lower lifetime costs to operate and maintain;
(c)
Many projects that receive state financial assistance aim to assist vulnerable lower-income households, and installing appliances certified by the Energy Star program could lower the costs of the energy bills of these households over time; and
(d)
Saving energy is crucial in:
(I)
Avoiding the most serious effects of climate change and preserving Colorado's way of life, the health of communities, and the natural environment;
(II)
Achieving the statewide greenhouse gas emission reduction goals; and
(III)
Reducing costs for Coloradans.
(2)
The general assembly therefore determines and declares that it is in the public interest of the health and environment of the state to require that new building construction projects that receive state financial assistance use covered energy-consuming products that are certified by the Energy Star program.
Added by 2024 Ch. 191,§ 3, eff. 5/17/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.7 - Standards for Construction Projects that Receive State Financial Assistance (§§ 6-7.7-101 — 6-7.7-103) › Section 6-7.7-102 - Definitions

As used in this article 7.7, unless the context otherwise requires:
(1)
"Covered energy-consuming product" means an appliance, device, or piece of equipment that is:
(a)
Powered by electricity or fuel;
(b)
Designed to perform one or more specific tasks inside a residential or commercial building, such as cooking, washing, drying, heating, cooling, providing domestic hot water, printing, or digital entertainment; and
(c)
Covered within the scope of the Energy Star program.
(2)
"Energy Star program" means the federal program authorized by 42 U.S.C. sec. 6294a, as amended.
(3)
"Social cost of carbon" means the social cost of carbon dioxide emissions developed by the public utilities commission pursuant to section 40-3.2-106.
(4)
"State financial assistance" means allocations from the general fund or other legislative allocations, state taxpayer funds, rebates, grants, or loans provided or administered by the state.
Added by 2024 Ch. 191,§ 3, eff. 5/17/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › AGRICULTURAL ASSISTANCE (§§ 6-8-101 — 6-9-101) › Article 8 - [Repealed] ASSISTANCE TO THE AGRICULTURAL COMMUNITY (§ 6-8-101) › Section 6-8-101 - and 6-8-102 - [Repealed]

(1) This article was added in 1986 and was not amended prior to its repeal in 1990.
(2) Section 6-8-102 provided for the repeal of this article, effective January 31, 1990. (See L. 86, p. 434.)
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › AGRICULTURAL ASSISTANCE (§§ 6-8-101 — 6-9-101) › Article 9 - [Repealed] AGRICULTURAL MEDIATION (§ 6-9-101) › Section 6-9-101 - to 6-9-107 - [Repealed]

(1) This article was added in 1987 and was not amended prior to its repeal in 1989.
(2) Section 6-9-107 provided for the repeal of this article, effective January 31, 1989. (See L. 87, p. 1356.)
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Person" means individuals, partnerships, associations, and corporations.
(2)
"Property" means all goods, chattels and effects, real, personal and mixed property, money, rights and credits, and choses in action except property which is by law not subject to levy and sale under execution.
L. 1897: p. 94, § 1. R.S. 08: § 174. C.L. § 6241. CSA: C. 12, § 1. CRS 53: § 11-1-1. C.R.S. 1963: § 11-1-1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-102 - General assignment

Any person may make a general assignment for the benefit of his creditors by deed duly acknowledged. When filed for record in the office of the clerk and recorder of the county where the assignor resides or, if a nonresident, where his principal place of business is in this state, such deed shall vest in the assignee in trust for the use and benefit of such creditors all the property of the assignor, excepting only such as is by law not subject to levy and sale under execution, subject, however, to all valid and subsisting liens.
L. 1897: p. 94, § 2. R.S. 08: § 175. C.L. § 6242. CSA: C. 12, § 2. CRS 53: § 11-1-2. C.R.S. 1963: § 11-1-2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-103 - Inventory - list of creditors

The assignor shall render to such assignee within four days from the date of said assignment an inventory under oath, of his property, to the best of his knowledge, with the estimated value thereof, and also a list of his creditors, giving their names, residence and post-office address, if known, and the amount of their respective demands. Such inventory shall not be conclusive of the amount of the assignor's estate nor shall the omission of any property from such inventory defeat the assignment or conveyance of the same.
L. 1897: p. 94, § 3. R.S. 08: § 176. C.L. § 6243. CSA: C. 12, § 3. CRS 53: § 11-1-3. C.R.S. 1963: § 11-1-3.