§ 5-16-108 — Unfair practices

Colorado § 5-16-108

• Jurisdiction: Colorado
• Title 05: Consumer
• Art.: Colorado Fair Debt Collection Practices Act

Text

(1) A debt collector or collection agency shall
not use unfair or unconscionable means to collect or attempt to collect any debt,
including, but not limited to, the following conduct:

(a) The collection of any amount, including any interest, fee, charge, or
expense incidental to the principal obligation, unless the amount is expressly
authorized by the agreement creating the debt or permitted by law;

(b) The acceptance by a debt collector or collection agency from any person
of a check or other payment instrument postdated by more than five days unless
the person is notified in writing of the debt collector's or collection agency's intent
to deposit the check or instrument not more than ten nor less than three business
days prior to the deposit;

(c) The solicitation by a debt collector or collection agency of any postdated
check or other postdated payment instrument for the purpose of threatening or
instituting criminal prosecution;

(d) Depositing or threatening to deposit any postdated check or other
postdated payment instrument prior to the date on the check or instrument;

(e) Causing charges to be made to any person for communications by
concealment of the true purpose of the communication. Such charges include, but
are not limited to, collect telephone calls and telegram fees.

(f) Taking or threatening to take any nonjudicial action to effect
dispossession or disablement of property if:

(I) There is no present right to possession of the property claimed as
collateral through an enforceable security interest;

(II) There is no present intention to take possession of the property; or

(III) The property is exempt by law from such dispossession or disablement;

(g) Communicating with a consumer regarding a debt by postcard;

(h) Using any language or symbol, other than the debt collector's or
collection agency's address, on any envelope when communicating with a
consumer by use of the mails or by telegram; except that a debt collector or
collection agency may use his business name if the name does not indicate that he
or she is in the debt collection business;

(i) Failing to comply with the provisions of section 13-21-109 regarding the
collection of checks, drafts, or orders not paid upon presentment;

(j) Communicating credit information to a consumer reporting agency earlier
than thirty days after the initial notice to the consumer has been mailed, unless the
consumer's last-known address is known to be invalid. This subsection (1)(j) shall
not apply to checks, negotiable instruments, or credit card drafts.

(k) An attempt to collect an amount in excess of the amounts permitted
under section 13-54-102 or 13-54-104;

(l) An attempt to collect a debt that violates the provisions of section 6-20-203 (1), (2), (3)(b), (4)(a), (4)(b)(I), (4)(d), (4)(e), or (5)(a) to (5)(c).

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1087, � 1, effective August 9. L. 2020: (1)(k) added, (SB 20-211), ch. 140, p. 611, � 4, effective June 29. L. 2021: (1)(l) added, (HB 21-1198), ch. 435, p. 2881, � 2, effective September 7.