§ 6-1-113 — Civil actions - damages - other relief - class actions

(1) The
provisions of this article shall be available in a civil action for any claim against any
person who has engaged in or caused another to engage in any deceptive trade
practice listed in this article. An action under this section shall be available to any
person who:

(a) Is an actual or potential consumer of the defendant's goods, services, or
property and is injured as a result of such deceptive trade practice, or is a
residential subscriber, as defined in section 6-1-903 (9), who receives unlawful
telephone solicitation, as defined in section 6-1-903 (10); or

(b) Is any successor in interest to an actual consumer who purchased the
defendant's goods, services, or property; or

(c) In the course of the person's business or occupation, is injured as a result
of such deceptive trade practice.

(2) Except in a class action or a case brought for a violation of section 6-1-709, and notwithstanding any other law, any person who, in a private civil action, is
found to have engaged in or caused another to engage in any deceptive trade
practice listed in this article 1 is liable in an amount equal to the sum of:

(a) The greater of:

(I) The amount of actual damages sustained, including prejudgment interest
of either eight percent per year or at the rate provided in section 13-21-101,
whichever is greater, from the date the claim under this article 1 accrued; or

(II) Five hundred dollars; or

(III) Three times the amount of actual damages sustained, if it is established
by clear and convincing evidence that such person engaged in bad faith conduct;
plus

(b) In the case of any successful action to enforce said liability, the costs of
the action together with reasonable attorney fees as determined by the court.

(2.3) As used in subsection (2) of this section, bad faith conduct means
fraudulent, willful, knowing, or intentional conduct that causes injury.

(2.5) Notwithstanding the provisions of subsection (2) of this section, in the
case of any violation of section 6-1-709, in addition to interest, costs of the action,
and reasonable attorney fees as determined by the court, the prevailing party shall
be entitled only to damages in an amount sufficient to refund moneys actually paid
for a manufactured home not delivered in accordance with the provisions of section
6-1-709.

(2.7) Notwithstanding the provisions of subsection (2) of this section, in the
case of any violation of section 6-1-105 (1)(ss), the court may award reasonable
costs of the action and attorney fees and interest, and in addition, the prevailing
party shall be entitled only to damages in an amount sufficient to refund moneys
actually paid for the installation of a manufactured home not installed in
accordance with the provisions of part 33 of article 32 of title 24, C.R.S., that apply
to the installation of manufactured homes.

(2.9) In a case certified as a class action, a successful plaintiff may recover
actual damages, injunctive relief allowed by law, and reasonable attorney fees and
costs.

(3) Any person who brings an action under this article 1 that is found by the
court to be frivolous, groundless and in bad faith, or for the purpose of harassment
shall be liable to the defendant for the costs of the action together with reasonable
attorney fees as determined by the court.

(4) Costs and attorney fees shall be awarded to the attorney general or a
district attorney in all actions where the attorney general or the district attorney
successfully enforces this article.

Legislative History

Source: L. 69: p. 376, � 12. C.R.S. 1963: � 55-5-12. L. 86: Entire section amended, p. 446, � 5, effective April 17. L. 87: Entire section amended, p. 360, � 9, effective July 1. L. 98: IP(2) amended and (2.5) added, p. 748, � 3, effective August 5. L. 99: Entire section amended, p. 636, � 1, effective May 18. L. 2000: (2.7) added, p. 1162, � 4, effective July 1, 2001. L. 2001: (1)(a) amended, p. 1461, � 3, effective August 8. L. 2003: (2.7) amended, p. 550, � 4, effective March 5. L. 2019: IP(2), (2)(a)(I), and (3) amended, (HB 19-1289), ch. 268, p. 2517, � 4, effective May 23. L. 2022: (2.9) added, (HB 22-1071), ch. 36, p. 190, � 1, effective August 10.