Chapter 12 - EXHIBIT 12A • SAMPLE COMPLAINT FOR VIOLATION OF COLORADO CONSUMER PROTECTION ACT
| Jurisdiction | Colorado |
| [ ] District Court [ ] County Court __________ County, Colorado Court Address: | COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: | Case Number: Div.: Ctrm.: |
| COMPLAINT AND JURY DEMAND[1 ] | |
[If filing in U.S. District Court for the District of Colorado, use caption below]
Civil Action No. __________-cv-__________-__________
Plaintiff(s),
v.
Defendant(s).
Plaintiff, by his/her/its counsel, complains against Defendant(s) as follows:
1. Plaintiff [name] is [an individual residing in (county) County, Colorado OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)].
2. Defendant [name] is [an individual residing in (county) County, Colorado OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)].
3. [If defendant does not reside in Colorado or is not organized under Colorado law, add: As a nonresident of Colorado, defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, as it has transacted business within this State pursuant to C.R.S. § 13-1-124]. [If filing in U.S. District Court for the District of Colorado, use instead: This Court has personal jurisdiction over the Defendant because Defendant has routinely transacted business in this judicial district [OR state facts establishing personal jurisdiction]].
4. This court has subject matter jurisdiction because this is a civil action for damages and/or equitable relief, Colo. Const. Art. VI, § 9(1), and pursuant to C.R.S. §§ 6-1-105, et seq. [If filing in U.S. District Court for the District of Colorado, use instead: This Court has original jurisdiction over the subject matter of this action pursuant to (specify basis for jurisdiction). This Court has supplemental jurisdiction over the claims in this Complaint that arise under state statutory law pursuant to 28 U.S.C. §1367].
5. Venue in this court is proper pursuant to [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [If filing in U.S. District Court for the District of Colorado, use instead: Venue is properly founded in this judicial district pursuant to (specify basis for venue, per 28 U.S.C. §§ 1390, et seq.)].
6. This is an action for violation(s) of the Colorado Consumer Protection Act, C.R.S. §§ 6-1-101, et seq. ("CCPA"), and specifically [describe violation of Consumer Protection Act, such as: the misappropriation and unauthorized sale of plaintiff's proprietary software systems].
7. By way of background, Plaintiff is in the business of [describe type of business].
8. [Upon information and belief,] Defendant is in the business of [describe type of business].
9. [As additional background, describe business dealings, business relationship, or contract(s) between plaintiff and defendant.]
10. In the course of its business dealings with numerous customers in Colorado, Defendants have wrongfully [describe violations of Colorado Consumer Protection Act, such as: marketed, sold, and maintained the plaintiff's software to (description or names of purchasers of software) and used the plaintiff's software in a manner that violates the Software Licensing Agreement OR Defendants have and continue to knowingly make false representations as to affiliation, connection, or association with or certification by Plaintiff(s) and/or its/their registered trademarks/service marks OR Defendants are knowingly making false representations as to the characteristics, ingredients, uses, and benefits of its goods because (state reason/explanation.)].
11. [Describe plaintiffs' damages,...
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