Chapter 12 - § 12.1 • DEFINITION

• Jurisdiction: Colorado

§ 12.1 • DEFINITION

The legislative purpose of the Colorado Consumer Protection Act (CCPA) is "to provide prompt, economical, and readily available remedies against consumer fraud."¹ The CCPA functions as "a remedial statute intended to deter and punish deceptive trade practices committed by businesses in dealing with the public."² While the CCPA authorizes the Attorney General or a district attorney to take action against deceptive trade practices,³ it also provides for private enforcement through private civil actions.⁴ Specifically, C.R.S. § 6-1-113(1) provides that the provisions of the CCPA are "available in a civil action for any claim against any person who has engaged in or caused another to engage in" any trade practice deemed deceptive by the CCPA. To have standing to assert a private claim under the CCPA, the plaintiff must be the actual or potential consumer, a successor in interest to the actual consumer, or acting in the course of his or her business and who is injured as a result of the deceptive trade practice.⁵

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Notes:

^[1] Western Food Plan, Inc. v. Dist. Ct., 598 P.2d 1038, 1041 (Colo. 1979).

^[2] State ex rel. Coffman v. Castle Law Group, LLC, 375 P.3d 128, 134 (Colo. 2016); Loughridge v. Goodyear Tire & Rubber Co., 192 F. Supp. 2d 1175, 1185 (D. Colo. 2002); People ex rel. MacFarlane v. Alpert Corp., 660 P.2d 1295 (Colo. App. 1982) (CCPA was enacted to control various deceptive trade practices in dealing with the public).

The CCPA is based on the 1966 revised version of the Uniform Deceptive Trade Practices Act (UDTPA), which may be useful in its interpretation. Catherine A. Tallerico, "The Colorado Consumer Protection Act: An Update," 29 Colo. Law. 37 (Jan. 2000). See also Hall v. Walter, 969 P.2d 224 (Colo. 1998); People ex rel. MacFarlane v. Alpert Corp., 660 P.2d 1295 (Colo. App. 1982).

^[3] C.R.S. § 6-1-110(1) (the attorney general or district attorney may apply for and obtain a temporary restraining order or injunction, prohibiting the deceptive trade practices); C.R.S. § 6-1-108 (the attorney general or a district attorney may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, and conduct hearings in aid of any investigation or inquiry); C.R.S. § 6-1-112(1) (the attorney general or a district attorney may bring a civil action on behalf of the state to seek the imposition of civil penalties against any person who violates or causes another to violate any provision of the...