Colorado

• Pages: 77-86

77

CHAPTER 7

COLORADO

A. Scope of the Statute and Elements of a Cause of Action

The Colorado Consumer Protection Act (CCPA)1 “was enacted to

regulate commercial activities and practices which, because of their nature,

may prove injurious, offensive or dangerous to the public.”2 In pursuit of that

objective, the CCPA prohibits a wide range of deceptive trade practices.

The CCPA is divided into eleven parts. Part one3 is a general consumer

protection law, which contains a non-exhaustive list of prohibited activities,

including, but not limited to: making false representations with respect to

various characteristics of goods, services, or property;4 advertising goods,

services, or property without the intent to sell them as advertised or without

the intent to supply a reasonably expectable public demand;5 making

misleading statements of fact about pricing;6 and bait and switch advertising.7

Part seven8 contains a list of specific provisions targeted at specific

businesses or transactions, such as unsolicited facsimiles9 and spam email;10

time shares;11 buyer’s clubs;12 motor vehicle13 and manufactured home

sales;14 confidentiality of social security numbers;15 data security breaches;16

and real estate appraisals.17 In other parts, the CCPA provides mechanisms by

which private plaintiffs and/or the attorney general can enforce separate

1. COLO. REV. STAT. §§ 6-1-101 to 6-1-1121.

2. Rhino Linings United States v. Rocky Mountain Rhino Lining, 62 P.3d

142, 146 (Colo. 2003).

3. COLO. REV. STAT. § 6-1-105.

4. Id. § 6-1-105(a)-(g).

5. Id. § 6-1-105(i)-(j).

6. Id. § 6-1-105(l).

7. Id. §§ 6-1-101 to 6-1-115.

8. Id. §§ 6-1-701 to 6-1-724.

9. Id. § 6-1-702.

10. Id. § 6-1-702.5.

11. Id. § 6-1-703.

12. Id. § 6-1-706.

13. Id. § 6-1-708.

14. Id. § 6-1-709.

15. Id. § 6-1-715.

16. Id. § 6-1-716.

17. Id. § 6-1-717.