§ 6-1-105 — Unfair or deceptive trade practices - definitions

Colorado § 6-1-105

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Colorado Consumer Protection Act

Text

(1) A person
engages in a deceptive trade practice when, in the course of the person's business,
vocation, or occupation, the person:

(a) Either knowingly or recklessly passes off goods, services, or property as
those of another;

(b) Either knowingly or recklessly makes a false representation as to the
source, sponsorship, approval, or certification of goods, services, or property;

(c) Either knowingly or recklessly makes a false representation as to
affiliation, connection, or association with or certification by another;

(d) Uses deceptive representations or designations of geographic origin in
connection with goods or services;

(e) Either knowingly or recklessly makes a false representation as to the
characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food,
services, or property or a false representation as to the sponsorship, approval,
status, affiliation, or connection of a person therewith;

(f) Represents that goods are original or new if he knows or should know that
they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(g) Represents that goods, food, services, or property are of a particular
standard, quality, or grade, or that goods are of a particular style or model, if he
knows or should know that they are of another;

(h) Disparages the goods, services, property, or business of another by false
or misleading representation of fact;

(i) Advertises goods, services, or property with intent not to sell them as
advertised;

(j) Advertises goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a limitation of
quantity;

(k) Advertises under the guise of obtaining sales personnel when in fact the
purpose is to first sell a product or service to the sales personnel applicant;

(l) Makes false or misleading statements of fact concerning the price of
goods, services, or property or the reasons for, existence of, or amounts of price
reductions;

(m) Fails to deliver to the customer at the time of an installment sale of
goods or services a written order, contract, or receipt setting forth the name and
address of the seller, the name and address of the organization which he
represents, and all of the terms and conditions of the sale, including a description
of the goods or services, stated in readable, clear, and unambiguous language;

(n) Employs bait and switch advertising, which is advertising accompanied
by an effort to sell goods, services, or property other than those advertised or on
terms other than those advertised and which is also accompanied by one or more of
the following practices:

(I) Refusal to show the goods or property advertised or to offer the services
advertised;

(II) Disparagement in any respect of the advertised goods, property, or
services or the terms of sale;

(III) Requiring tie-in sales or other undisclosed conditions to be met prior to
selling the advertised goods, property, or services;

(IV) Refusal to take orders for the goods, property, or services advertised for
delivery within a reasonable time;

(V) Showing or demonstrating defective goods, property, or services which
are unusable or impractical for the purposes set forth in the advertisement;

(VI) Accepting a deposit for the goods, property, or services and
subsequently switching the purchase order to higher-priced goods, property, or
services; or

(VII) Failure to make deliveries of the goods, property, or services within a
reasonable time or to make a refund therefor;

(o) Either knowingly or recklessly fails to identify flood-damaged or water-damaged goods as to such damages;

(p) Solicits door-to-door as a seller, unless the seller, within thirty seconds
after beginning the conversation, identifies himself or herself, whom he or she
represents, and the purpose of the call;

(p.3) to (p.7) Repealed.

(q) Contrives, prepares, sets up, operates, publicizes by means of
advertisements, or promotes any pyramid promotional scheme;

(r) Advertises or otherwise represents that goods or services are guaranteed
without clearly and conspicuously disclosing the nature and extent of the
guarantee, any material conditions or limitations in the guarantee which are
imposed by the guarantor, the manner in which the guarantor will perform, and the
identity of such guarantor. Any representation that goods or services are
guaranteed for life or have a lifetime guarantee shall contain, in addition to the
other requirements of this paragraph (r), a conspicuous disclosure of the meaning
of life or lifetime as used in such representation (whether that of the purchaser,
the goods or services, or otherwise). Guarantees shall not be used which under
normal conditions could not be practically fulfilled or which are for such a period of
time or are otherwise of such a nature as to have the capacity and tendency of
misleading purchasers or prospective purchasers into believing that the goods or
services so guaranteed have a greater degree of serviceability, durability, or
performance capability in actual use than is true in fact. The provisions of this
paragraph (r) apply not only to guarantees but also to warranties, to disclaimer of
warranties, to purported guarantees and warranties, and to any promise or
representation in the nature of a guarantee or warranty; however, such provisions
do not apply to any reference to a guarantee in a slogan or advertisement so long
as there is no guarantee or warranty of specific merchandise or other property.

(s) and (t) Repealed.

(u) Fails to disclose material information concerning goods, services, or
property which information was known at the time of an advertisement or sale if
such failure to disclose such information was intended to induce the consumer to
enter into a transaction;

(v) Disburses funds in connection with a real estate transaction in violation of
section 38-35-125 (2), C.R.S.;

(w) Repealed.

(x) Violates sections 6-1-203 to 6-1-206 or part 7 of this article 1;

(y) Fails, in connection with any solicitation, oral or written, to clearly and
prominently disclose immediately adjacent to or after the description of any item or
prize to be received by any person the actual retail value of each item or prize to be
awarded. For the purposes of this paragraph (y), the actual retail value is the price
at which substantial sales of the item were made in the person's trade area or in the
trade area in which the item or prize is to be received within the last ninety days or,
if no substantial sales were made, the actual cost of the item or prize to the person
on whose behalf any contest or promotion is conducted; except that, whenever the
actual cost of the item to the provider is less than fifteen dollars per item, a
disclosure that actual cost to the provider is less than fifteen dollars may be
made in lieu of disclosure of actual cost. The provisions of this paragraph (y) shall
not apply to a promotion which is soliciting the sale of a newspaper, magazine, or
periodical of general circulation, or to a promotion soliciting the sale of books,
records, audio tapes, compact discs, or videos when the promoter allows the
purchaser to review the merchandise without obligation for at least seven days and
provides a full refund within thirty days after the receipt of the returned
merchandise or when a membership club operation is in conformity with rules and
regulations of the federal trade commission contained in 16 CFR 425.

(z) Refuses or fails to obtain all governmental licenses or permits required to
perform the services or to sell the goods, food, services, or property as agreed to or
contracted for with a consumer;

(aa) Fails, in connection with the issuing, making, providing, selling, or
offering to sell of a motor vehicle service contract, to comply with the provisions of
article 11 of title 42, C.R.S.;

(bb) Repealed.

(cc) Engages in any commercial telephone solicitation which constitutes an
unlawful telemarketing practice as described in section 6-1-304;

(dd) Repealed.

(ee) Intentionally violates any provision of article 10 of title 5, C.R.S.;

(ee.5) to (ff) Repealed.

(gg) Fails to disclose or misrepresents to another person, a secured creditor,
or an assignee by whom such person is retained to repossess personal property
whether such person is bonded in accordance with section 4-9-629, C.R.S., or fails
to file such bond with the attorney general;

(hh) Violates any provision of article 16 of this title;

(ii) Repealed.

(jj) Represents to any person that such person has won or is eligible to win
any award, prize, or thing of value as the result of a contest, promotion,
sweepstakes, or drawing, or that such person will receive or is eligible to receive
free goods, services, or property, unless, at the time of the representation, the
person has the present ability to supply such award, prize, or thing of value;

(kk) Violates any provision of article 6 of this title;

(ll) Either knowingly or recklessly makes a false representation as to the
results of a radon test or the need for radon mitigation;

(mm) Violates section 35-27-113 (3)(e), (3)(f), or (3)(i), C.R.S.;

(nn) Repealed.

(oo) Fails to comply with the provisions of section 35-80-108 (1)(a), (1)(b), or
(2)(f), C.R.S.;

(pp) Violates article 9 of title 42, C.R.S.;

(qq) Repealed.

(rr) Violates the provisions of part 8 of this article;

(ss) Violates any provision of part 33 of article 32 of title 24 that applies to
the installation of manufactured homes or tiny homes;

(tt) Violates any provision of part 9 of this article;

(uu) Violates section 38-40-105, C.R.S.;

(vv) Violates section 24-21-523 (1)(f) or (1)(i) or 24-21-525 (3), (4), or (5);

(ww) Violates any provision of section 6-1-702;

(xx) Violates any provision of part 11 of this article;

(yy) Repealed.

(zz) Violates any provision of section 6-1-717;

(aaa) Violates any provision of section 12-10-710;

(bbb) Violates any provision of section 12-10-713;

(ccc) Violates the provisions of section 6-1-722;

(ddd) Violates section 6-1-724;

(eee) Violates section 6-1-701;

(fff) Violates section 6-1-723;

(ggg) Violates section 6-1-725;

(hhh) Either knowingly or recklessly represents that hemp, hemp oil, or any
derivative of a hemp plant constitutes retail marijuana or medical marijuana unless
it fully satisfies the definition of such products pursuant to section 44-10-103 (34)
or (57);

(iii) Either knowingly or recklessly enters into, or attempts to enforce, an
agreement regarding the recovery of an overbid on foreclosed property if the
agreement concerns the recovery of funds in the possession of:

(I) A public trustee prior to transfer of the funds to the state treasurer under
section 38-38-111; or

(II) The state treasurer and does not meet the requirements for such an
agreement as specified in section 38-13-1304;

(jjj) Violates section 6-1-726;

(kkk) Repealed.

(lll) Violates article 20 of title 5;

(mmm) Violates section 12-30-112;

(nnn) Violates any provision of part 13 of this article 1 as specified in section
6-1-1311 (1)(c);

(ooo) Violates part 14 of this article 1;

(ppp) Violates section 7-90-314 (1);

(qqq) Violates part 15 of this article 1;

(rrr) Either knowingly or recklessly engages in any unfair, unconscionable,
deceptive, deliberately misleading, false, or fraudulent act or practice;

(sss) Violates this section as it applies to hemp, industrial hemp, industrial
hemp products, intoxicating hemp, adult use cannabis products, the plant cannabis
sp., or anything derived from or produced from the plant cannabis sp.;

(ttt) Violates part 4 of article 10.1 of title 40;

(uuu) Violates section 12-10-403.5;

(vvv) Violates section 6-1-733;

(www) Violates section 25-18.9-104;

(xxx) Violates section 12-30-112, 12-30-113, 25-3-121, or 25-3-122;

(yyy) Violates section 25-49-106;

(zzz) Fails to comply with the requirements of section 12-280-142;

(aaaa) Charges, bills, or collects a facility fee or fails to comply with other
provisions relating to facility fees in violation of section 6-20-102 (2) or (3);

(bbbb) Violates section 25.5-1-904;

(cccc) Sells or offers for sale a product or electronic smoking device that is
age-restricted to a person who does not meet the age restriction;

(dddd) Fails to register a mobile home park in violation of section 38-12-1106;

(eeee) Is a towing carrier and conducts a nonconsensual tow in violation of
section 40-10.1-405;

(ffff) Fails to comply with the manufacturer requirements under the insulin
affordability program pursuant to section 12-280-139 or the manufacturer
requirements for the emergency supply of prescription insulin pursuant to section
12-280-140;

(gggg) Violates section 6-1-731.5;

(hhhh) Violates part 17 of this article 1;

(iiii) Violates a provision of section 6-1-739;

(jjjj) Violates section 6-1-738;

(kkkk) Violates section 25-5-1602;

(llll) Violates section 42-4-221 (12);

(mmmm) Is a vehicle immobilization company and immobilizes a vehicle in
violation of sections 40-10.1-802 to 40-10.1-812 or section 40-10.1-814;

(nnnn) Violated section 13-16-126;

(oooo) Violates article 29 of this title 6; or

(pppp) Violates part 18 of this article 1.

(2) Evidence that a person has engaged in a deceptive trade practice shall be
prima facie evidence of intent to injure competitors and to destroy or substantially
lessen competition.

(3) The deceptive trade practices listed in this section are in addition to and
do not limit the types of unfair trade practices actionable at common law or under
other statutes of this state.

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

(a) Electronic smoking device has the meaning set forth in section 25-14-203 (4.5).

(b) Recklessly means a reckless disregard for the truth or falsity of a
statement or advertisement.

Legislative History

Source: L. 69: p. 372, � 2. C.R.S. 1963: � 55-5-2. L. 71: p. 580, � 1. L. 73: p. 619, � 2. L. 75: (1)(r) added, p. 259, � 1, effective July 1. L. 84: (1)(e) and (1)(g) amended and (1)(s) added, pp. 289, 290, �� 2, 2, effective July 1. L. 85: (1)(t) added, p. 307, � 2, effective June 1. L. 87: (1)(a), (1)(b), (1)(e), (1)(g) to (1)(i), and (1)(l) amended and (1)(s)(V) and (1)(u) added, p. 357, �� 3, 4, effective July 1. L. 88: (1)(n) amended and (1)(v) and (1)(w) added, pp. 341, 1260, �� 2, 2, effective July 1. L. 89: (1)(s)(V) repealed and (1)(y), (1)(z), and (1)(aa) added, pp. 360, 357, �� 4, 1, effective July 7; (1)(x) added, p. 363, � 2, effective January 1, 1990. L. 90: (1)(ee) added, p. 378, � 2, effective April 20; (1)(t)(VI) amended and (1)(bb) to (1)(dd) added, p. 380, � 2, effective July 1. L. 91: (1)(t)(VI) amended and (1)(t)(VII) added, p. 329, � 1, effective May 16; (1)(dd)(I) amended and (1)(dd)(I.5) added, p. 331, � 1, effective June 8. L. 92: IP(1) amended and (1)(ff) added, p. 1835, � 2, effective April 29; IP(1) amended and (1)(gg) added, p. 247, � 2, effective June 1. L. 93: (1)(t)(VI) and (1)(y) amended and (1)(hh) to (1)(ll) added, p. 1571, � 1, effective July 1; (1)(cc) amended, p. 943, � 2, effective July 1; (1)(mm) added, p. 1022, � 3, effective July 1. L. 94: (1)(nn) added, p. 759, � 1, effective April 20; (1)(ee.5) added, p. 94, � 1, effective July 1; (1)(oo) added, p. 1311, � 10, effective July 1; (1)(aa) and (1)(ii) amended, p. 2544, � 14, effective January 1, 1995. L. 96: (1)(p) amended and (1)(p.3) and (1)(ee.7) added, pp. 787, 1787, �� 1, 1, effective July 1. L. 97: (1)(pp) added, p. 865, � 13, effective May 21; (1)(p.5) and (1)(p.7) added, p. 500, � 1, effective July 1; (1)(ee.8) added, p. 406, � 1, July 1. L. 98: (1)(qq) added, p. 746, � 2, effective August 5. L. 99: (1)(p.3), (1)(p.5), (1)(p.7), (1)(s), (1)(t), (1)(w), (1)(bb), (1)(dd), (1)(ee.5), (1)(ee.7), (1)(ee.8), (1)(ff), (1)(ii), and (1)(qq) repealed and (1)(x) amended, pp. 655, 652, �� 14, 3, effective May 18; (1)(qq) amended, p. 897, � 2, effective October 1. L. 2000: (1)(rr) added, p. 867, � 2, effective August 2; (1)(nn)(II) added by revision, pp. 2, 3, �� 1, 6; (1)(ss) added, p. 1162, � 3, effective July 1, 2001. L. 2001: (1)(gg) amended, p. 1445, � 37, effective July 1; (1)(tt) added, p. 1461, � 2, effective August 8. L. 2002: (1)(uu) added, p. 1602, � 3, effective June 7. L. 2003: (1)(ss) amended, p. 550, � 3, effective March 5. L. 2004: (1)(vv) added, p. 181, � 2, effective July 1; (1)(ww) added, p. 407, � 2, effective August 4. L. 2006: (1)(xx) added, p. 1344, � 2, effective May 30. L. 2007: (1)(zz) added, p. 1728, � 5, effective June 1; (1)(aaa) and (1)(bbb) added, p. 1723, � 10, effective June 1; (1)(yy) added, p. 809, � 1, effective July 1. L. 2010: (1)(ccc) added, (SB 10-155), ch. 180, p. 648, � 2, effective August 11. L. 2013: (1)(eee) added, (SB 13-228), ch. 271, p. 1425, � 2, effective May 24; (IP)(1) amended and (1)(ddd) added, (SB 13-215), ch. 399, p. 2335, � 2, effective June 5. L. 2014: (1)(fff) and (1)(ggg) added, (HB 14-1037), ch. 358, p. 1681, � 2, effective August 6. L. 2015: (1)(hhh) added, (SB 15-014), ch. 199, p. 688, � 7, effective May 18; (1)(yy) repealed, (SB 15-264), ch. 259, p. 941, � 7, effective August 5. L. 2016: (1)(jjj) added, (HB 16-1335), ch. 246, p. 1015, � 2, effective July 1; (1)(bbb) amended, (HB 16-1306), ch. 117, p. 331, � 1, effective August 10; (1)(iii) added, (HB 16-1090), ch. 97, p. 276, � 2, effective August 10. L. 2017: (1)(vv) amended, (SB 17-132), ch. 207, p. 808, � 4, effective July 1, 2018. L. 2018: (1)(x) amended, (SB 18-100), ch. 36, p. 392, � 1, effective August 8; (1)(hhh) amended, (HB 18-1023), ch. 55, p. 584, � 4, effective October 1. L. 2019: (1)(a), (1)(b), (1)(c), (1)(e), (1)(o), (1)(ll), (1)(hhh), and (1)(iii) amended and (1)(kkk) and (4) added, (HB 19-1289), ch. 268, p. 2515, � 2, effective May 23; (1)(lll) added, (SB 19-002), ch. 157, p. 1872, � 3, effective August 2; (1)(aaa) and (1)(bbb) amended, (HB 19-1172), ch. 136, p. 1643, � 8, effective October 1; (1)(hhh) amended, (SB 19-224), ch. 315, p. 2935, � 8, effective January 1, 2020; (1)(mmm) added, (HB 19-1174), ch. 171, p. 1982, � 1, effective January 1, 2020; (1)(iii)(II) amended, (SB 19-088), ch. 110, p. 462, � 2, effective July 1, 2020. L. 2021: (1)(nnn) added, (SB 21-190), ch. 483, p. 3465, � 3, effective July 1, 2023. L. 2022: (1)(sss) added, (SB 22-205), ch. 278, p. 2002, � 3, effective May 31; (1)(ss) amended, (HB 22-1242), ch. 172, p. 1135, � 25, effective August 10; (1)(mmm) amended, (HB 22-1284), ch. 446, p. 3151, � 6, effective August 10; (1)(ttt) added, (HB 22-1314), ch. 416, p. 2948, � 12, effective August 10; (1)(kkk) repealed and (1)(rrr) added, (HB 22-1287), ch. 255, p. 1885, � 27, effective October 1; (1)(ooo) added, (HB 22-1099), ch. 21, p. 143, � 2, effective January 1, 2023; (1)(qqq) added, (HB 22-1031), ch. 327, p. 2307, � 1, effective January 1, 2023; (1)(ppp) added, (SB 22-034), ch. 326, p. 2306, � 2, effective February 1, 2023. L. 2023: (1)(xxx) and (1)(yyy) added, (SB 23-093), ch. 152, p. 646, � 6, effective May 4; (1)(aaaa) added, (HB 23-1215), ch. 277, p. 1636, � 3, effective May 30; (1)(cccc) added, (SB 23-176), ch. 275, p. 1627, � 4, effective May 30; (1)(dddd) added, (HB 23-1257), ch. 376, p. 2256, � 2, effective June 5; (1)(uuu) added, (SB 23-077), ch. 50, p. 180, � 2, effective August 7; (1)(vvv) added, (SB 23-037), ch. 61, p. 218, � 1, effective August 7; (1)(www) added, (SB 23-150), ch. 63, p. 227, � 2, effective August 7; (1)(zzz) added, (HB 23-1002), ch.447, p. 2635, � 4, effective August 7; (1)(bbbb) added, (SB 23-252), ch. 305, p. 1864, � 1, effective August 7. L. 2024: (1)(hhhh) added, (SB 24-205), ch. 198, p. 1216, � 2, effective May 17; (1)(cccc) and (4) amended, (HB 24-1356), ch. 346, p. 2349, � 2, effective June 3; (1)(ffff) added, (HB 24-1438), ch. 351, p. 2394, � 1, effective June 3; (1)(cccc) amended and (1)(gggg) added, (SB 24-011), ch. 402, p. 2767, � 3, effective August 7; (1)(eeee) added, (HB 24-1051), ch. 292, p. 1990, � 7, effective August 7. L. 2025: (1)(mmmm) added, (HB 25-1117), ch. 391, p. 2211, � 4, effective June 3; (1)(iiii) added, (SB 25-282), ch. 412, p. 2346, � 3, effective August 6; (1)(jjjj) added, (HB 25-1217), ch. 92, p. 415, � 3, effective August 6; (1)(kkkk) added, (HB 25-1161), ch. 438, p. 2525, � 2, effective August 6; (1)(llll) added, (HB 25-1197), ch. 279, p. 1451, � 3, effective August 6; (1)(nnnn) added, (HB 25-1329), ch. 407, p. 2321, � 2, effective August 6; (1)(oooo) added, (SB 25-071), ch. 313, p. 1637, � 1, effective August 6; (1)(pppp) added, (SB 25-299), ch. 427, p. 2434, � 3, effective August 6.