Colorado § 5-18-116 Consumer's right to file action in court or arbitrate disputes

Colorado Statutes

§ 5-18-116 — Consumer's right to file action in court or arbitrate disputes

Colorado·Title 05 Consumer·Art. Colorado Consumer Credit Reporting Act

(1)A consumer, protected consumer, or protected consumer's representative may bring an action to enforce any obligation a consumer reporting agency has to a consumer, protected consumer, or protected consumer's representative under this article 18 in any court of competent jurisdiction as provided by the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681 et seq., as amended, or submit an enforcement action to binding arbitration, in the manner set forth in the rules of the American Arbitration Association, to determine whether the consumer reporting agency met its obligations under this article 18 after the consumer, protected consumer, or protected consumer's representative has followed, as applicable:

(a)All dispute procedures in section 5-18-110 and has received the noti

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(1) A
consumer, protected consumer, or protected consumer's representative may bring
an action to enforce any obligation a consumer reporting agency has to a consumer,
protected consumer, or protected consumer's representative under this article 18 in
any court of competent jurisdiction as provided by the federal Fair Credit
Reporting Act, 15 U.S.C. sec. 1681 et seq., as amended, or submit an enforcement
action to binding arbitration, in the manner set forth in the rules of the American
Arbitration Association, to determine whether the consumer reporting agency met
its obligations under this article 18 after the consumer, protected consumer, or
protected consumer's representative has followed, as applicable:

(a) All dispute procedures in section 5-18-110 and has received the notice
specified in section 5-18-110 (6);

(b) All of the block procedures in section 5-18-111; or

(c) All of the freeze procedures in section 5-18-112 or 5-18-112.5.

(2) An arbitrator's decision pursuant to this section does not affect the
validity of any obligations or debts owed to any party. A successful party to any
arbitration proceeding shall be compensated for the costs and attorney fees of the
proceeding as determined by the court or arbitration. A consumer, protected
consumer, or protected consumer's representative shall not submit more than one
action to arbitration against any consumer reporting agency during any one-hundred-twenty-day period.

(3) The results of an arbitration action brought against a consumer reporting
agency doing business in this state shall be communicated in a timely manner with
all other consumer reporting agencies doing business in this state. If, as a result of
an arbitration, a determination is made in favor of the consumer, protected
consumer, or protected consumer's representative, any adverse information in the
consumer's or protected consumer's file, report, or record shall be blocked,
removed, or stricken in a timely manner, or the consumer report or record shall be
frozen within five days after receipt of the determination by the consumer reporting
agency. If the adverse information is not blocked, removed, or stricken, or the file is
not frozen, the consumer, protected consumer, or protected consumer's
representative may bring an action against the noncomplying agency pursuant to
this section notwithstanding the one-hundred-twenty-day waiting period.

Colorado § 5-18-116 (Consumer's right to file action in court or arbitrate disputes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1130, � 3, effective August 9. L. 2018: Entire section amended, (HB 18-1233), ch. 75, p. 656, � 6, effective January 1, 2019.