Colorado § 24-34-602 Penalty and civil liability

Colorado Statutes

§ 24-34-602 — Penalty and civil liability

Colorado § 24-34-602

Title 24Government

Art.Department of Regulatory Agencies

This text of Colorado § 24-34-602 (Penalty and civil liability) 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. § 24-34-602 (2026).

Text

(1)(a) A person aggrieved by the violation of section 24-34-601, 24-34-802 (1)(b), or 24-34-803 may bring an action in any court of competent jurisdiction. Upon finding a violation of section 24-34-601, 24-34-802 (1)(b), or 24-34-803, the plaintiff is entitled to a court order requiring compliance with the provisions of the applicable section, attorney fees and costs, and either:

(I)Recovery of actual monetary damages and, except as otherwise provided in subsection (1)(c) of this section, damages for noneconomic loss or injury, as defined in section 13-21-102.5 (2)(b); or

(II)A statutory fine of five thousand dollars, payable to each plaintiff for each violation.

(b)(Deleted by amendment, L. 2025).

(c)(I) Recovery of damages for noneconomic loss or injury in accordance wi

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(1) (a) A person aggrieved by the
violation of section 24-34-601, 24-34-802 (1)(b), or 24-34-803 may bring an action
in any court of competent jurisdiction. Upon finding a violation of section 24-34-601,
24-34-802 (1)(b), or 24-34-803, the plaintiff is entitled to a court order requiring
compliance with the provisions of the applicable section, attorney fees and costs,
and either:

(I) Recovery of actual monetary damages and, except as otherwise provided
in subsection (1)(c) of this section, damages for noneconomic loss or injury, as
defined in section 13-21-102.5 (2)(b); or

(II) A statutory fine of five thousand dollars, payable to each plaintiff for
each violation.

(b) (Deleted by amendment, L. 2025).

(c) (I) Recovery of damages for noneconomic loss or injury in accordance
with subsection (1)(a)(I) of this section is limited to an amount not to exceed fifty
thousand dollars.

(II) (A) A defendant is entitled to a fifty-percent reduction of the statutory
cap set forth in subsection (1)(c)(I) of this section on noneconomic loss or injury
damages awarded in accordance with subsection (1)(a)(I) of this section if the
defendant corrects the violation within thirty days after the complaint is filed;
except that a defendant that knowingly, intentionally, or recklessly made or caused
to be made the violation is not entitled to a reduction pursuant to this subsection
(1)(c)(II).

(B) Notwithstanding the period set forth in subsection (1)(c)(II)(A) of this
section, a defendant that is not able to fully correct the violation within the thirty-day period set forth in subsection (1)(c)(II)(A) of this section may be allowed
additional time in thirty-day increments not to exceed a total of one hundred twenty
days, including the initial thirty-day period set forth in subsection (1)(c)(II)(A) of this
section, if the defendant shows good faith effort to correct the violation. If the
defendant has not fully corrected the violation within one hundred twenty days, the
defendant is not entitled to the reduction set forth in subsection (1)(c)(II)(A) of this
section.

(III) Nothing in this subsection (1)(c) reduces actual monetary damages
awarded in accordance with subsection (1)(a)(I) of this section.

(2) Repealed.

(3) The relief provided by this section is an alternative to that authorized by
section 24-34-306 (9), and a person who seeks redress under this section is not
permitted to seek relief from the commission.

(4) For any suit brought pursuant to this section that relates to
discrimination on the basis of disability, the court shall apply the same standards
and defenses that are available under the federal Americans with Disabilities Act
of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing
regulations.

Legislative History

Source: L. 79: Entire part R&RE, p. 937, � 3, effective July 1. L. 93: Entire section amended, p. 1662, � 66, effective July 1. L. 2008: Entire section amended, p. 1597, � 7, effective May 29. L. 2009: (1) and (2) amended, (SB 09-110), ch. 238, p. 1086, � 8, effective July 1. L. 2013: (2) repealed and (3) amended, (SB 13-184), ch. 127, p. 426, � 1, effective April 19. L. 2014: (1) amended, (SB 14-118), ch. 250, p. 979, � 8, effective August 6. L. 2024: (1)(a) amended, (HB 24-1124), ch. 224, p. 1394, � 2, effective August 7. L. 2025: (1) amended and (4) added, (HB 25-1239), ch. 232, p. 1099, � 3, effective August 6.