Colorado § 5-20-112 Civil action

Colorado Statutes

§ 5-20-112 — Civil action

Colorado·Title 05 Consumer·Art. Colorado Student Loan Equity

(1)A violation of this part 1 is a deceptive trade practice within the meaning of section 6-1-105.

(2)A student loan servicer who fails to comply with any requirement imposed under this part 1 with respect to a student loan borrower is liable in an amount equal to the sum of:

(a)Any actual damages sustained by the student loan borrower as a result of the failure;

(b)A monetary award equal to three times the total amount the student loan servicer collected from the student loan borrower in violation of this part 1;

(c)Punitive damages as the court may allow; and

(d)In the case of any successful action by a student loan borrower to enforce the liability set out in this section, the costs of the action, together with reasonable attorney fees as determined by the court.

(3)

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(1) A violation of this part 1 is a deceptive trade
practice within the meaning of section 6-1-105.

(2) A student loan servicer who fails to comply with any requirement
imposed under this part 1 with respect to a student loan borrower is liable in an
amount equal to the sum of:

(a) Any actual damages sustained by the student loan borrower as a result of
the failure;

(b) A monetary award equal to three times the total amount the student loan
servicer collected from the student loan borrower in violation of this part 1;

(c) Punitive damages as the court may allow; and

(d) In the case of any successful action by a student loan borrower to
enforce the liability set out in this section, the costs of the action, together with
reasonable attorney fees as determined by the court.

(3) The remedies provided in this section are not the exclusive remedies
available to a student loan borrower.

Colorado § 5-20-112 (Civil action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire article added, (SB 19-002), ch. 157, p. 1870, � 2, effective August 2. L. 2021: (1), IP(2), and (2)(b) amended, (SB 21-057), ch. 378, p. 2533, � 10, effective June 29.