Colorado § 5-19-235 Private enforcement

Colorado Statutes

§ 5-19-235 — Private enforcement

Colorado § 5-19-235

Title 05Consumer

Art.Debt-management Services

This text of Colorado § 5-19-235 (Private enforcement) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 5-19-235 (2026).

Text

(a)If an individual voids an agreement pursuant to section 5-19-225 (b), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subsections (c)(3) and (c)(4) of this section.

(b)If an individual voids an agreement pursuant to section 5-19-225 (a), the individual may recover in a civil action three times the total amount of the fees, charges, money, and payments made by the individual to the provider, in addition to the recovery under subsection (c)(4) of this section.

(c)Subject to subsection (d) of this section, an individual with respect to whom a provider violates this part 2 may recover in a civil action from the provider and a

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(a) If an individual voids an agreement
pursuant to section 5-19-225 (b), the individual may recover in a civil action all
money paid or deposited by or on behalf of the individual pursuant to the
agreement, except amounts paid to creditors, in addition to the recovery under
subsections (c)(3) and (c)(4) of this section.

(b) If an individual voids an agreement pursuant to section 5-19-225 (a), the
individual may recover in a civil action three times the total amount of the fees,
charges, money, and payments made by the individual to the provider, in addition to
the recovery under subsection (c)(4) of this section.

(c) Subject to subsection (d) of this section, an individual with respect to
whom a provider violates this part 2 may recover in a civil action from the provider
and any person that caused the violation:

(1) Compensatory damages for injury, including noneconomic injury, caused
by the violation;

(2) Except as otherwise provided in subsection (d) of this section, with
respect to a violation of section 5-19-217, 5-19-219 to 5-19-224, 5-19-227, or 5-19-228 (a), (b), or (d), the greater of the amount recoverable under subsection (c)(1) of
this section or five thousand dollars;

(3) Punitive damages; and

(4) Reasonable attorney fees and costs.

(d) In a class action, except for a violation of section 5-19-228 (a)(4), the
minimum damages provided in subsection (c)(2) of this section do not apply.

(e) In addition to the remedy available under subsection (c) of this section, if
a provider violates an individual's rights under section 5-19-220, the individual may
recover in a civil action all money paid or deposited by or on behalf of the individual
pursuant to the agreement, except for amounts paid to creditors.

(f) A provider is not liable under this section for a violation of this part 2 if the
provider proves that the violation was not intentional and resulted from a good-faith
error notwithstanding the maintenance of procedures reasonably adapted to avoid
the error. An error of legal judgment with respect to a provider's obligations under
this part 2 is not a good-faith error. If, in connection with a violation, the provider
has received more money than authorized by an agreement or this part 2, the
defense provided by this subsection (f) is not available unless the provider refunds
the excess within two business days after learning of the violation.

(g) The administrator shall assist an individual in enforcing a judgment
against the surety bond or other security provided under section 5-19-213 or 5-19-214.