§ 5-19-218 — Communication by electronic or other means - definitions

Colorado § 5-19-218

• Jurisdiction: Colorado
• Title 05: Consumer
• Art.: Debt-management Services

Text

(a) As
used in this section, unless the context otherwise requires:

(1) Consumer means an individual who seeks or obtains goods or services
that are used primarily for personal, family, or household purposes.

(2) Federal act means the federal Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. sec. 7001 et seq., as amended.

(b) A provider may satisfy the requirements of section 5-19-217, 5-19-219, or
5-19-227 by means of the internet or other electronic means if the provider obtains
a consumer's consent at the time of satisfying the requirements of section 5-19-217, 5-19-219, or 5-19-227 in the manner provided by section 101 (c)(1) of the federal
act.

(c) The disclosures and materials required by sections 5-19-217, 5-19-219,
and 5-19-227 shall be presented in a form that is capable of being accurately
reproduced for later reference.

(d) With respect to disclosure by means of an internet website, the
disclosure of the information required by section 5-19-217 (d) shall appear on one or
more screens that:

(1) Contain no other information; and

(2) The individual must see before proceeding to assent to formation of a
plan.

(e) At the time of providing the materials and agreement required by
sections 5-19-217 (c) and (d), 5-19-219, and 5-19-227, a provider shall inform the
individual that upon electronic, telephonic, or written request, it will send the
individual a written copy of the materials, and shall comply with a request as
provided in subsection (f) of this section.

(f) If a provider is requested, before the expiration of ninety days after a plan
is completed or terminated, to send a written copy of the materials required by
section 5-19-217 (c) and (d), 5-19-219, or 5-19-227, the provider shall send them at
no charge within three business days after the request, but the provider need not
comply with a request more than once per calendar month or if it reasonably
believes the request is made for purposes of harassment. If a request is made more
than ninety days after a plan is completed or terminated, the provider shall send
within a reasonable time a written copy of the materials requested.

(g) A provider that maintains an internet website shall disclose on the home
page of its website or on a page that is clearly and conspicuously connected to the
home page by a link that clearly reveals its contents:

(1) Its name and all names under which it does business;

(2) Its principal business address, telephone number, and electronic mail
address, if any; and

(3) The names of its principal officers.

(h) Subject to subsection (i) of this section, if a consumer who has consented
to electronic communication in the manner provided by section 101 of the federal
act withdraws consent as provided in the federal act, a provider may terminate its
agreement with the consumer.

(i) If a provider wishes to terminate an agreement with a consumer pursuant
to subsection (h) of this section, it shall notify the consumer that it will terminate
the agreement unless the consumer, within thirty days after receiving the
notification, consents to electronic communication in the manner provided in
section 101 (c) of the federal act. If the consumer consents, the provider may
terminate the agreement only as permitted by section 5-19-219 (a)(6)(H).

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1152, � 4, effective August 9. L. 2024: (b) amended, (HB 24-1380), ch. 463, p. 3222, � 4, effective August 7.