§ 5-5-202 — Civil liability for violation of disclosure provisions

Colorado § 5-5-202

• Jurisdiction: Colorado
• Title 05: Consumer
• Art.: Remedies and Penalties

Text

(1) Except as
otherwise provided in this section, a creditor who, in violation of the provisions on
disclosure contained in section 5-3-101, other than the provisions on advertising,
fails to disclose information to a person entitled to the information under this code
is liable to that person in an amount equal to the sum of:

(a) Twice the amount of the finance charge in connection with the
transaction, but the liability pursuant to this paragraph (a) shall be not less than one
hundred dollars nor more than one thousand dollars; and

(b) In the case of a successful action to enforce the liability under paragraph
(a) of this subsection (1), the costs of the action together with reasonable attorney
fees as determined by the court.

(2) A creditor has no liability under this section if, within sixty days after
discovering an error and prior to the institution of an action under this section or the
receipt of written notice of the error, the creditor notifies the person concerned of
the error and makes whatever adjustments in the appropriate account are
necessary to assure that the person will not be required to pay a finance charge in
excess of the amount or percentage rate actually disclosed.

(3) A creditor may not be held liable in any action brought under this section
for a violation of this code if the creditor shows by a preponderance of evidence
that the violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid the
error.

(4) Any action that may be brought under this section against the original
creditor in any credit transaction involving a security interest in land may be
maintained against any subsequent assignee of the original creditor where the
assignee, its subsidiaries, or affiliates were in a continuing business relationship
with the original creditor either at the time the credit was extended or at the time of
the assignment unless the assignment was involuntary or the assignee shows by a
preponderance of evidence that it did not have reasonable grounds to believe that
the original creditor was engaged in violations of this code and that it maintained
procedures reasonably adapted to apprise it of the existence of the violations.

(5) No action pursuant to this section may be brought more than one year
after the date of the occurrence of the violation.

(6) In this section, creditor includes a person who in the ordinary course of
business regularly extends or arranges for the extension of credit or offers to
arrange for the extension of credit.

(7) No provision of this section or section 5-5-201 imposing any liability shall
apply to any act done or omitted in good faith in conformity with any rule,
regulation, interpretation, or written response to a person pursuant to a written
request on behalf of such identified person by the administrator or the board of
governors of the federal reserve system pursuant to the federal Truth in Lending
Act or federal Consumer Leasing Act, notwithstanding that, after such act or
omission has occurred, such rule, regulation, interpretation, or written response is
amended, rescinded, or determined by judicial or other authority to be invalid for
any reason.

(8) The multiple failure to disclose to any person any information required
under this code to be disclosed in connection with a single account under a
revolving credit account, other single consumer credit sale, consumer loan, or other
extension of consumer credit shall entitle the person to a single recovery under this
section, but continued failure to disclose after recovery has been granted shall give
rise to rights to additional recoveries.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1241, � 1, effective July 1.