Colorado Supreme Court, 0916 COBJ, Vol. 45, No. 9

45 Colo.Law. 18

Colorado Supreme Court

Vol. 45, No. 9 [Page XX]

The Colorado Lawyer

September, 2016

July 2016: Summaries of Published Opinions

Summaries of Published Opinions

The summaries of Colorado Supreme Court published opinions are provided by the Court; the CBA cannot guarantee their accuracy or completeness. Both the summaries and full opinions, as well as the lists of petitions for rehearing and certiorari and the granted original proceedings pursuant to the Colorado Appellate Rules, are available on the CBA website, www.cobar.org (click on “For Members” and then “Opinions/Rules/Statutes”), and on the Colorado Judicial Branch website, www.courts.state.co.us (click on “Courts/Supreme Court/Case Announcements”).

July 5, 2016

2016 CO 54. No. 16SA8. State v. The Castle Law Group, LLC. Colorado Consumer Protection Act—Deceptive Trade Practice—Disclosure.

The State filed an enforcement action against The Castle Law Group and its affiliated vendors, alleging, inter alia, violations of the Colorado Consumer Protection Act (CCPA), CRS §§ 6-1-101 to -115. The State alleged that defendants engaged in a deceptive trade practice by generating and submitting deceptive invoices reflecting systematically inflated costs incurred for foreclosure-related services, while falsely representing to mortgage servicers that these inflated costs were “actual, necessary, and reasonable.” In this original proceeding, the Supreme Court held that, for purposes of a deceptive trade practices claim under the CCPA, disclosure of a price charged does not automatically insulate a party from claims that the price is deceptive. The Court further held that evidence of the market rates charged by unaffiliated vendors for foreclosure-related services is directly relevant to establishing whether the costs invoiced by the vendors were the actual or reasonable costs of such services. The Court therefore reversed a trial court order excluding testimony concerning the market rate for foreclosure-related services.

2016 CO 55. Nos. 16SA153 & 16SA154. In re Title, Ballot Title & Submission Clause for 2015–2016 #132 and #133. Single Subject.

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