Colorado § 5-16-125 Unlawful acts

Colorado Statutes

§ 5-16-125 — Unlawful acts

Colorado·Title 05 Consumer·Art. Colorado Fair Debt Collection Practices Act

(1)In addition to the unlawful acts specified in sections 5-16-112 and 5-16-115, it is unlawful and a violation of this article 16 for any person:

(a)To refuse or fail to comply with section 5-16-104, 5-16-105, 5-16-106, 5-16-107, 5-16-108, 5-16-109, 5-16-110, 5-16-118, 5-16-119 (1), or 5-16-123 (1)(b) to (1)(e) or (2);

(b)To aid or abet any person operating or attempting to operate in violation of this article 16, including but not limited to section 5-16-115; except that nothing in this article 16 shall prevent any licensed collection agency from accepting, as forwardee, claims for collection from any collection agency or attorney whose place of business is outside this state;

(c)To recover or attempt to recover treble damages for any check, draft, or order not paid on pre

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(1) In addition to the unlawful acts specified in
sections 5-16-112 and 5-16-115, it is unlawful and a violation of this article 16 for any
person:

(a) To refuse or fail to comply with section 5-16-104, 5-16-105, 5-16-106, 5-16-107, 5-16-108, 5-16-109, 5-16-110, 5-16-118, 5-16-119 (1), or 5-16-123 (1)(b) to (1)(e)
or (2);

(b) To aid or abet any person operating or attempting to operate in violation
of this article 16, including but not limited to section 5-16-115; except that nothing in
this article 16 shall prevent any licensed collection agency from accepting, as
forwardee, claims for collection from any collection agency or attorney whose
place of business is outside this state;

(c) To recover or attempt to recover treble damages for any check, draft, or
order not paid on presentment without complying with the provisions of section 13-21-109.

(2) It is unlawful and a violation of this article 16 for any licensee or any
attorney representing a licensee to invoke a cognovit clause in any note so as to
confess judgment.

(3) It is unlawful and a violation of this article 16 for any licensee to render or
to advertise that it will render legal services; except that a licensee may solicit
claims for collection and take assignments and pursue the collection thereof
subject to the provisions of law concerning the unauthorized practice of law.

(4) It is unlawful and a violation of this article 16 for any licensee, collections
manager, debt collector, or solicitor to:

(a) Refuse or fail to comply with a rule adopted pursuant to this article 16 or
any lawful order of the administrator; or

(b) Aid or abet any person in such refusal or failure.

(5) It is unlawful and a violation of this article 16 for any person to falsify any
information or make any misleading statements in any application authorized under
this article 16.

(6) Any officer or agent of a corporation who personally participates in any
violation of this article 16 shall be subject to the penalties prescribed in section 5-16-126 for individuals.

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