Colorado § 6-1-107 Powers of attorney general and district attorneys

Colorado Statutes

§ 6-1-107 — Powers of attorney general and district attorneys

Colorado·Title 06 Consumer·Art. Colorado Consumer Protection Act

(1)When the attorney general or a district attorney has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may:

(a)Request such person to file a statement or report in writing under oath or otherwise, on forms prescribed by him, as to all facts and circumstances concerning the sale or advertisement of property by such person and any other data and information he deems necessary;

(b)Examine under oath any person in connection with the sale or advertisement of any property;

(c)Examine any property or sample thereof, record, book, document, account, or paper he deems necessary;

(d)Ma

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(1) When the
attorney general or a district attorney has reasonable cause to believe that any
person, whether in this state or elsewhere, has engaged in or is engaging in any
deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the
attorney general or district attorney may:

(a) Request such person to file a statement or report in writing under oath or
otherwise, on forms prescribed by him, as to all facts and circumstances concerning
the sale or advertisement of property by such person and any other data and
information he deems necessary;

(b) Examine under oath any person in connection with the sale or
advertisement of any property;

(c) Examine any property or sample thereof, record, book, document,
account, or paper he deems necessary;

(d) Make true copies, at the expense of the attorney general or district
attorney, of any record, book, document, account, or paper examined pursuant to
paragraph (c) of this subsection (1), which copies may be offered into evidence in
lieu of the originals thereof in actions brought pursuant to sections 6-1-109 and 6-1-110; and

(e) Pursuant to any order of any district court, impound any sample of
property which is material to such deceptive trade practice and retain the same in
his possession until completion of all proceedings undertaken under this article. An
order shall not be issued pursuant to this paragraph (e) without full opportunity
given to the accused to be heard and unless the attorney general or district
attorney has proven by clear and convincing evidence that the business activities of
the person to whom an order is directed will not be impaired thereby.

(2) Nothing in subsection (1) of this section shall be construed to allow a
district attorney to enforce the provisions of this article beyond the territorial limits
of his judicial district, unless the alleged deceptive trade practice or any portion of
a transaction involving an alleged deceptive trade practice occurred in said district
attorney's judicial district, or unless the principal place of business of any
defendant is located in said district attorney's district, or unless any defendant
resides in said district attorney's judicial district.

Colorado § 6-1-107 (Powers of attorney general and district attorneys) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 69: p. 373, � 4. C.R.S. 1963: � 55-5-4. L. 77: IP(1), (1)(d), and (1)(e) amended and (2) added, p. 348, � 3, effective July 1. L. 86: IP(1) amended, p. 445, � 3, effective April 17. L. 87: (2) amended, p. 358, � 6, effective July 1. L. 99: IP(1) amended, p. 653, � 5, effective May 18. L. 2013: IP(1) amended, (SB 13-248), ch. 270, p. 1417, � 1, effective July 1. L. 2017: IP(1) amended, (HB 17-1023), ch. 64, p. 204, � 2, effective March 20. L. 2021: IP(1) amended, (SB 21-190), ch. 483, p. 3465, � 4, effective July 1, 2023.