(1)Whenever the attorney general or a district attorney has cause to believe that a
person 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 apply for and obtain, in an action in the appropriate district court of
this state, a temporary restraining order or injunction, or both, pursuant to the
Colorado rules of civil procedure, prohibiting the person from continuing the
practices, or engaging therein, or doing any act in furtherance thereof. The court
may make such orders or judgments as may be necessary to prevent the use or
employment by the person of any such deceptive trade practice or that may be
necessary to completely compensate or restore to the origina
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(1)
Whenever the attorney general or a district attorney has cause to believe that a
person 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 apply for and obtain, in an action in the appropriate district court of
this state, a temporary restraining order or injunction, or both, pursuant to the
Colorado rules of civil procedure, prohibiting the person from continuing the
practices, or engaging therein, or doing any act in furtherance thereof. The court
may make such orders or judgments as may be necessary to prevent the use or
employment by the person of any such deceptive trade practice or that may be
necessary to completely compensate or restore to the original position of any
person injured by means of any such practice or to prevent any unjust enrichment
by any person through the use or employment of any deceptive trade practice.
(2) Where the attorney general or a district attorney has authority to
institute a civil action or other proceeding pursuant to the provisions of this article
1, the attorney general or district attorney may accept, in lieu thereof or as a part
thereof, an assurance of discontinuance of any deceptive trade practice listed in
section 6-1-105 or part 7 or 13 of this article 1. The assurance may include a
stipulation for the voluntary payment by the alleged violator of the costs of
investigation and any action or proceeding by the attorney general or a district
attorney and any amount necessary to restore to any person any money or property
that may have been acquired by the alleged violator by means of any such
deceptive trade practice. Any such assurance of discontinuance accepted by the
attorney general or a district attorney and any such stipulation filed with the court
as a part of any such action or proceeding is a matter of public record unless the
attorney general or the district attorney determines, at the discretion of the
attorney general or district attorney, that it will be confidential to the parties to the
action or proceeding and to the court and its employees. Upon the filing of a civil
action by the attorney general or a district attorney alleging that a confidential
assurance of discontinuance or stipulation accepted pursuant to this subsection (2)
has been violated, the assurance of discontinuance or stipulation becomes a public
record and open to inspection by any person. Proof by a preponderance of the
evidence of a violation of any such assurance or stipulation constitutes prima facie
evidence of a deceptive trade practice for the purposes of any civil action or
proceeding brought thereafter by the attorney general or a district attorney,
whether a new action or a subsequent motion or petition in any pending action or
proceeding.
(3) When the attorney general or a district attorney shows by a
preponderance of evidence that a mortgage broker, mortgage originator, mortgage
lender, mortgage loan applicant, real estate broker, real estate agent, real estate
appraiser, or closing agent, other than a person who provides closing or settlement
services subject to regulation by the division of insurance, has continued to
participate in the origination of mortgage loans in violation of section 38-40-105,
C.R.S., after having been previously enjoined from practices in violation of such
section, the attorney general or district attorney may, in addition to any other
remedies, apply for and obtain, in the court that has previously issued an injunction,
a further injunction against continuing to participate in the business of originating
mortgage loans for up to five years.
(4) In addition to any other remedy available under this section, when the
attorney general or district attorney has cause to believe that a person has
engaged in or is engaging in a deceptive trade practice described in section 6-1-720, the attorney general or district attorney may apply for and obtain, in an action
in the appropriate district court of this state, an order forfeiting any tickets
obtained, or the proceeds from the resale of any such tickets, in violation of section
6-1-720.
Source: L. 69: p. 374, � 7. C.R.S. 1963: � 55-5-7. L. 77: Entire section
amended, p. 349, � 6, effective July 1. L. 86: Entire section amended, p. 446, � 4,
effective April 17. L. 87: Entire section amended, p. 358, � 7, effective July 1. L. 88: (2) amended, p. 344, � 2, effective July 1. L. 99: Entire section amended, p. 653, � 6,
effective May 18. L. 2002: (3) added, p. 1603, � 4, effective June 7. L. 2007: (3)
amended, p. 1723, � 11, effective June 1. L. 2008: (4) added, p. 2230, � 2, effective
July 1. L. 2021: (1) and (2) amended, (SB 21-190), ch. 483, p. 3466, � 6, effective July
1, 2023.