§ 6-2-111 — Unlawful acts - remedy - license - rules

Colorado § 6-2-111

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Unfair Practices Act

Text

(1) Any person, firm,
private corporation, municipal corporation, public corporation, or trade association
may maintain an action to enjoin a continuance of any act in violation of sections 6-2-103 to 6-2-108 or section 6-2-110 and, if injured thereby, for the recovery of
damages. If, in such action, the court finds that the defendant is violating or has
violated any of the provisions of sections 6-2-103 to 6-2-108 or section 6-2-110, it
shall enjoin the defendant from a continuance of the violations. It shall not be
necessary that actual damages to the plaintiff be alleged or proved. In addition to
such injunctive relief, the plaintiff in said action shall be entitled to recover from the
defendant three times the amount of the actual damages, if any, sustained.

(2) Without prejudice to the rights of any person, firm, private corporation,
municipal corporation, public corporation, or trade association to bring an action,
the attorney general of the state of Colorado, as an incident to and power of his or
her office, has like powers to those provided in subsection (1) of this section, and it
is his or her duty, upon showing by any person, firm, private corporation, municipal
corporation, public corporation, or trade association that there is reason to believe
that any person subject to the terms of this article is violating any term of sections
6-2-103 to 6-2-108 or section 6-2-110, to prosecute actions for violation of any
provisions of this article, and to seek injunctions or restraining orders to enjoin the
continuance thereof by any defendant.

(3) If any person, firm, private corporation, municipal corporation, public
corporation, or trade association, in writing and under oath, submits to the attorney
general a statement setting forth facts sufficient to constitute a prima facie case of
violation of any of the provisions of sections 6-2-103 to 6-2-108 or any other
provisions of this article, it is mandatory upon the attorney general to seek
injunctive relief or restraining orders to enjoin the continuance of such violation by
any person, firm, private corporation, or other organization so charged; and to this
end, and for this purpose, the attorney general has the power to appear in his or her
official capacity in any court in the state of Colorado, having jurisdiction in the
premises, to seek relief.

(4) It is the duty of any district attorney in and for each of the judicial
districts of the state of Colorado, when requested in writing by the attorney
general, to advise and consult with the attorney general concerning the institution
and prosecution of such actions, and to act for the attorney general in prosecution
of any such action; but the attorney general has the power in his or her discretion to
choose, select, appoint, and recompense from funds provided for the purposes of
enforcement of the provisions of this article any attorney-at-law admitted to
practice in the state of Colorado as a special prosecutor who has full and complete
power to act for the attorney general.

(5) The attorney general, for the purposes of carrying out the terms and
provisions of this article, has the power to promulgate rules and regulations for the
enforcement of this article, not inconsistent with its terms, and to publish the same.

(6) The attorney general may appoint such personnel as may reasonably be
required to carry out the functions prescribed for his or her office.

Legislative History

Source: L. 37: p. 1285, � 10. CSA: C. 48, � 302(9). L. 41: p. 823, � 9. L. 49: p. 345, � 9. CRS 53: � 55-2-9. C.R.S. 1963: � 55-2-9. L. 69: p. 369, � 1. L. 2016: (2), (3), (4), and (6) amended, (HB 16-1094), ch. 94, p. 264, � 4, effective August 10.