First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0462.01 Jennifer Berman x3286
HOUSE BILL 23-1192
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF ADDI TIONAL PROTECTIONS IN THE101
CONSUMER CODE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill:
! Removes the knowingly or recklessly mental state from the
general unfair or deceptive trade practice provision
concerning an unfair, unconscionable, deceptive,
deliberately misleading, false, or fraudulent act or practice;
! Establishes as a deceptive trade practice the act of
HOUSE
Amended 2nd Reading
March 6, 2023
HOUSE SPONSORSHIP
Weissman,
SENATE SPONSORSHIP
Gonzales and Rodriguez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. including in a contract offered to or entered into with a
consumer a term that is substantially unconscionable or
void as against public policy;
! Establishes that evidence that a person has engaged in an
unfair or deceptive trade practice constitutes a significant
impact to the public; and
! Amends the definition of "recklessly" with regard to unfair
or deceptive trade practices to mean without regard to
consequences or to the rights, interests, or safety of others.
Under current law, a person commits an unfair and unconscionable
act or practice if the person engages in price gouging with regard to the
sale or provision of certain goods or services during, and for a certain
period after, a declared emergency disaster (disaster period). Section 2
extends the disaster period from 180 days after the first declaration of the
disaster to 180 days after the final declaration concerning the disaster
expires.
Section 3 repeals and reenacts the "Colorado Antitrust Act of
1992" as the "Colorado State Antitrust Act of 2023" (act) and:
! Establishes that the facilitation or aiding and abetting of
another person's violation of the act is itself a violation of
the act;
! Authorizes the attorney general (AG) to request discovery
from any person that the AG believes may in the future
engage in, or has information related to, a violation of the
act;
! Authorizes the AG to deem investigatory or intelligence
records related to the act available for public inspection,
but allows the AG to issue public statements or warnings
regarding conduct forming the basis of the investigatory or
intelligence records without waiving the AG's authority not
to deem the records available for public inspection;
! Authorizes a court, upon request of the AG, to compensate
a person that has been injured from a violation of the act as
part of a civil action that the AG brings on behalf of the
person;
! Increases the maximum civil penalty that a court may
award for a violation of the act from $250,000 to
$1,000,000 per violation; and
! With regard to the statute of limitations for commencing a
civil action under the act:
! Clarifies that a cause of action accrues on the date
of the last in a series of acts or practices that, in the
aggregate, constitute a violation of the act;
! Tolls the statute of limitations for any civil action
pertaining to an alleged violation of the act during
1192
-2- the pendency of a federal proceeding regarding the
conduct forming the basis of the alleged violation of
the act; and
! Exempts the AG from the statute of limitations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-105, amend2
(1)(rrr), (2), and (4); and add (1)(uuu) as follows:3
6-1-105. Unfair or deceptive trade practices - definition. (1) A4
person engages in a deceptive trade practice when, in the course of the5
person's business, vocation, or occupation, the person:6
(rrr) Either knowingly or recklessly
Engages in any unfair,7
unconscionable, deceptive, deliberately misleading, KNOWINGLY false, or8
fraudulent act or practice;9
(uuu) I
NCLUDES IN A CONTRACT THAT THE PERSON OFFERS TO OR10
ENTERS INTO WITH A CONSUMER A TERM THAT IS
SUBSTANTIVELY11
UNCONSCIONABLE OR VOID AS AGAINST PUBLIC POLICY AS OF THE TIME12
THAT THE CONTRACT WAS EXECUTED .13
(2) Evidence that a person has engaged in
AN UNFAIR OR a14
deceptive trade practice:15
(a) Shall be
IS prima facie evidence of intent to injure competitors16
and to destroy or substantially lessen competition;
AND17
(b) I
S SUFFICIENT TO ESTABLISH A SIGNIFICANT IMPACT TO THE18
PUBLIC.19
(4) For purposes of AS USED IN this section, "recklessly" means:20
(a) A reckless disregard for the truth or falsity of a statement or21
advertisement;22
(b) THE FAILURE TO EXERCISE REASONABLE CARE TO ENSURE THAT23
1192-3- A STATEMENT, AN ADVERTISEMENT, OR CONDUCT IS TRUTHFUL AND1
ACCURATE; OR2
(c) THE FAILURE TO EXERCISE REASONABLE CARE TO AVOID A3
SUBSTANTIAL AND UNJUSTIFIABLE RISK OF CONSUMER HARM .4
SECTION 2. In Colorado Revised Statutes, 6-1-730, amend5
(5)(f) as follows:6
6-1-730. Price gouging during declared disaster prohibited -7
deceptive trade practice - legislative declaration - definitions. (5) As8
used in this section:9
(f) "Disaster period" means the date a disaster declaration begins10
and continuing for one hundred eighty days after the date
THAT the FINAL11
disaster declaration begins
CONCERNING THE DISASTER EXPIRES .12
SECTION 3. In Colorado Revised Statutes, repeal and reenact,13
with amendments, article 4 of title 6 as follows:14
ARTICLE 415
Colorado State Antitrust Act of 202316
6-4-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 4 IS THE17
"C
OLORADO STATE ANTITRUST ACT OF 2023".18
6-4-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY19
FINDS AND DECLARES THAT:20
(a) C
OMPETITION IS FUNDAMENTAL TO :21
(I) T
HE FREE MARKET SYSTEM; AND22
(II) A
HEALTHY MARKETPLACE THAT PROTECTS WORKERS AND23
CONSUMERS; AND24
(b) T
HE UNRESTRAINED AND FAIR INTERACTION OF COMPETITIVE25
FORCES WILL YIELD THE BEST ALLOCATION OF OUR ECONOMIC RESOURCES ,26
THE LOWEST PRICES, THE HIGHEST QUALITY COMMODITIES AND SERVICES ,27
1192
-4- AND THE GREATEST MATERIAL PROGRESS WHILE AT THE SAME TIME1
PROVIDING AN ENVIRONMENT THAT IS CONDUCIVE TO THE PRESERVATION2
OF OUR DEMOCRATIC, POLITICAL, AND SOCIAL INSTITUTIONS AND TO THE3
PROTECTION OF CONSUMERS .4
6-4-103. Definitions. A
S USED IN THIS ARTICLE 4, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(1) "C
OMMODITY" INCLUDES ANY OF THE FOLLOWING FOR USE ,7
CONSUMPTION, PRODUCTION, ENJOYMENT, OR RESALE:8
(a) G
OODS;9
(b) M
ERCHANDISE;10
(c) W
ARES;11
(d) P
RODUCE;12
(e) C
HOSE IN ACTION;13
(f) L
AND;14
(g) A
RTICLES OF COMMERCE; OR15
(h) A
NY OTHER TANGIBLE OR INTANGIBLE PROPERTY , INCLUDING16
REAL, PERSONAL, OR MIXED PROPERTY.17
(2) "G
OVERNMENTAL OR PUBLIC ENTITY " MEANS:18
(a) T
HE STATE OR ANY DEPARTMENT , BOARD, AGENCY,19
INSTRUMENTALITY, AUTHORITY, OR COMMISSION OF THE STATE; AND20
(b) A
NY POLITICAL SUBDIVISION OF THE STATE, INCLUDING:21
(I) A
COUNTY, CITY, OR CITY AND COUNTY;22
(II) A
SCHOOL DISTRICT AS DEFINED IN SECTION 22-36-107 (2)(c);23
(III) A
LOCAL IMPROVEMENT DISTRICT AS DEFINED IN SECTION24
32-7-103
(7);25
(IV) A
LAW ENFORCEMENT AUTHORITY ;26
(V) A
WATER, SANITATION, FIRE PROTECTION, METROPOLITAN,27
1192
-5- IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT CREATED PURSUANT1
TO TITLE 32;2
(VI) A
NY OTHER MUNICIPAL , QUASI-MUNICIPAL, OR PUBLIC3
CORPORATION ORGANIZED PURSUANT TO THE STATE CONSTITUTION OR4
OTHER LAW; AND5
(VII) A
NY DEPARTMENT, BOARD, AGENCY, INSTRUMENTALITY,6
AUTHORITY, OR COMMISSION OF A POLITICAL SUBDIVISION OF THE STATE.7
(3) "P
ERSON" INCLUDES AN INDIVIDUAL OR A FIRM, ASSOCIATION,8
ORGANIZATION, BUSINESS TRUST, COMPANY, CORPORATION, JOINT9
VENTURE, PARTNERSHIP, PROPRIETORSHIP, OR OTHER BUSINESS ENTITY,10
WHETHER OR NOT FOR PROFIT , AND ANY GOVERNMENTAL OR PUBLIC11
ENTITY.12
(4) "S
ERVICE" INCLUDES ANY KIND OF ACTIVITY PERFORMED IN13
WHOLE OR IN PART FOR ECONOMIC OR NONECONOMIC BENEFIT .14
(5) "T
RADE OR COMMERCE " MEANS ANY AND ALL ECONOMIC15
ACTIVITY CARRIED ON WHOLLY OR PARTIALLY IN THE STATE THAT16
INVOLVES OR RELATES TO ANY COMMODITY OR SERVICE .17
6-4-104. Illegal restraint of trade or commerce. (1) E
NTERING18
INTO OR ENGAGING IN ANY OF THE FOLLOWING IN RESTRAINT OF TRADE OR19
COMMERCE IS ILLEGAL:20
(a) A
CONTRACT;21
(b) A
COMBINATION IN THE FORM OF A TRUST OR OTHER FORM OF22
COMBINATION; OR23
(c) A
CONSPIRACY.24
6-4-105. Monopolization and attempt to monopolize. I
T IS25
ILLEGAL FOR ANY PERSON TO MONOPOLIZE , ATTEMPT TO MONOPOLIZE, OR26
COMBINE OR CONSPIRE WITH ANY OTHER PERSON TO M ONOPOLIZE ANY27
1192
-6- PART OF TRADE OR COMMERCE .1
6-4-106. Bid-rigging. (1) I
T IS ILLEGAL FOR ANY PERSON TO2
CONTRACT, COMBINE, OR CONSPIRE WITH ANY PERSON TO RIG ANY BID, OR3
ANY ASPECT OF THE BIDDING PROCESS , IN ANY WAY RELATED TO THE4
PROVISION OF ANY COMMODITY OR SERVICE .5
(2) F
OR PURPOSES OF THIS SECTION, EACH SEPARATE INSTANCE OF6
BID-RIGGING CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION ,7
REGARDLESS OF WHETHER A SINGLE CONSPIRACY IS FOUND TO EXIST8
ENCOMPASSING MORE THAN ONE SUCH VIOLATION .9
6-4-107. Mergers - acquisitions. (1) I
T IS ILLEGAL FOR ANY10
PERSON ENGAGED IN TRADE OR COMMERCE TO ACQUIRE , DIRECTLY OR11
INDIRECTLY, THE WHOLE OR ANY PART OF THE STOCK , OTHER SHARE12
CAPITAL, OR ASSETS OF ANOTHER PERSON E NGAGED IN TRADE OR13
COMMERCE IF THE EFFECT OF THE ACQUISITION MAY SUBSTANTIALLY14
LESSEN COMPETITION OR TEND TO CREATE A MONOPOLY .15
(2) N
OTHING IN THIS SECTION PROHIBITS ANY PERSON FROM :16
(a) A
CQUIRING STOCK OF ANOTHER PERSON SOLELY FOR17
INVESTMENT PURPOSES, SO LONG AS THE ACQUISITION OF STOCK IS NOT18
USED, BY VOTING OR OTHERWISE, TO BRING ABOUT OR TO ATTEMPT TO19
BRING ABOUT THE SUBSTANTIAL LESSENING OF COMPETITION ; OR20
(b) C
AUSING THE FORMATION OF SUBSIDIARY CORPORATIONS OR21
FROM OWNING AND HOLDING ALL OR ANY PART OF THE STOCK OF A22
SUBSIDIARY CORPORATION.23
(3) T
HE ATTORNEY GENERAL SHALL NOT CHALLENGE THE MERGER24
OR ACQUISITION OF ANY BANK OR BANK HOLDING COMPANY BY OR WITH25
ANY OTHER BANK OR BANK HOLDING COMPANY THAT IS SUBJECT TO THE26
PROVISIONS OF ANY OF THE FEDERAL BANKING LAWS , EXCEPT AS27
1192
-7- SPECIFICALLY PROVIDED IN THOSE FEDERAL BANKING LAWS .1
6-4-108. Facilitating or aiding and abetting. (1) I
T IS2
UNLAWFUL TO FACILITATE OR AID AND ABET ANOTHER PERSON IN3
VIOLATING THIS ARTICLE 4.4
(2) E
ACH SEPARATE INSTANCE OF FACILITATING OR AIDING AND5
ABETTING ANOTHER PERSON IN VIOLATING THIS ARTICLE 4 IS A SEPARATE6
VIOLATION OF THIS ARTICLE 4.7
6-4-109. Exemptions. (1) T
HE LABOR OF AN INDIVIDUAL IS NOT8
A COMMODITY, A SERVICE, OR AN ARTICLE OF TRADE OR COMMERCE .9
(2) N
OTHING IN THIS ARTICLE 4 SHALL BE CONSTRUED TO:10
(a) F
ORBID THE EXISTENCE AND OPERATION OF A LABOR ,11
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION THAT :12
(I) I
S INSTITUTED FOR THE PURPOSE OF PROVIDING MUTUAL HELP13
OR IS ENGAGED IN MAKING COLLECTIVE SALES OR MARKETING FOR ITS14
MEMBERS OR SHAREHOLDERS ;15
(II) D
OES NOT HAVE CAPITAL STOCK; AND16
(III) I
S NOT BEING CONDUCTED FOR PROFIT; OR17
(b) F
ORBID OR RESTRAIN INDIVIDUAL MEMBERS OF A LABOR ,18
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION FROM LAWFULLY19
CARRYING OUT THE LEGITIMATE OBJECTIVES OF THE ORGANIZATION .20
(3) A
PROFESSIONAL REVIEW COMMITTEE CONSTITUTED AND21
CONDUCTING ITS REVIEWS AND ACTIVITIES IN ACCORDANCE WITH THE22
PROVISIONS OF PART 2 OF ARTICLE 30 OF TITLE 12, OR THE MEMBERS OF23
THE PROFESSIONAL REVIEW COMMITTEE , SHALL NOT BE HELD OR24
CONSTRUED TO BE AN ILLEGAL COMBINATION OR CONSPIRACY IN25
RESTRAINT OF TRADE UNDER THIS ARTICLE 4.26
(4) A
NY PERSON, ACTIVITY, OR CONDUCT EXEMPT OR IMMUNE27
1192
-8- UNDER THE LAWS OF THIS STATE OR EXEMPT OR IMMUNE FROM THE1
FEDERAL ANTITRUST LAWS IS EXEMPT OR IMMUNE FROM THIS ARTICLE 42
WITHOUT REGARD TO ANY MONETARY THRESHOLD IMPOSED BY FEDERAL3
LAW; EXCEPT THAT NOTHING IN THIS ARTICLE 4 SHALL BE DEEMED TO4
MODIFY THE SPECIFIC PROVISIONS OF PART 4 OF ARTICLE 4 OF TITLE 10.5
(5) N
OTHING IN THIS ARTICLE 4 PROHIBITS OR SHALL BE6
CONSTRUED TO PROHIBIT THE FORMATION AND OPERATION OF :7
(a) H
EALTH-CARE COVERAGE COOPERATIVES PURSUANT TO PART8
10
OF ARTICLE 16 OF TITLE 10; OR9
(b) P
ROVIDER NETWORKS PURSUANT TO PART 3 OF ARTICLE 18 OF10
THIS TITLE 6.11
6-4-110. Jurisdiction - venue. (1) P
RIMARY JURISDICTION OF12
ANY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE 4 IS VESTED13
IN THE DISTRICT COURTS OF THIS STATE.14
(2) A
NY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE15
4
MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE ALLEGED16
VIOLATION OCCURRED, ANY INJURY WAS ALLEGEDLY SUFFERED , OR ANY17
DEFENDANT RESIDES.18
6-4-111. Civil discovery request - rules. (1) W
HEN THE19
ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY20
PERSON HAS ENGAGED IN, IS ENGAGING IN, OR MAY HAVE INFORMATION21
RELATED TO A VIOLATION OF THIS ARTICLE 4 OR OF ANY PROVISION OF THE22
FEDERAL ANTITRUST STATUTES THAT MAY BE ENFORCED BY THE23
ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY :24
(a) R
EQUEST THE PERSON, UNDER OATH OR OTHERWISE AND ON25
FORMS PRESCRIBED BY THE ATTORNEY GENERAL , TO FILE A STATEMENT OR26
REPORT IN WRITING, OR TO ANSWER IN WRITING , ANY QUESTIONS27
1192
-9- PROPOUNDED BY THE ATTORNEY GENERAL AS TO ALL FACTS AND1
CIRCUMSTANCES REASONABLY RELATED TO THE ALLEGED OR POTENTIAL2
VIOLATION AND TO PROVIDE ANY OTHER DATA AND INFORMATION THE3
ATTORNEY GENERAL REASONABLY DEEMS NECESSARY ;4
(b) I
SSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES5
OR THE PRODUCTION OF RELEVANT DOCUMENTS , ADMINISTER OATHS,6
CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY , AND7
PRESCRIBE FORMS AND ADOPT RULES AS MAY REASONABLY BE DEEMED8
NECESSARY TO ADMINISTER THIS SECTION ; AND9
(c) M
AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY10
GENERAL, OF ANY DOCUMENTS EXAMINED PURSUANT TO SUBSECTION11
(1)(b)
OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO EVIDENCE12
IN LIEU OF THE ORIGINALS IN ANY CIVIL ACTION BROUGHT PURSUANT TO13
THIS ARTICLE 4. THE PERSON PRODUCING THE DOCUMENTS MAY REQUIRE14
THAT THE ATTORNEY GENERAL MAKE COPIES OF THE DOCUMENTS . IF THE15
ATTORNEY GENERAL DETERMINES THE USE OF ORIGINALS IS NECESSARY ,16
THE ATTORNEY GENERAL SHALL PAY TO HAVE COPIES OF THOSE17
DOCUMENTS MADE FOR USE BY TH E PERSON PRODUCING THE DOCUMENTS .18
(2) S
ERVICE OF ANY REQUEST OR SUBPOENA MUST BE MADE IN THE19
MANNER PRESCRIBED BY LAW .20
(3) A
NY WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS21
OBTAINED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION , OR22
ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH23
WRITTEN RESPONSE, TESTIMONY, OR DOCUMENTS, IS NOT ADMISSIBLE IN24
EVIDENCE IN ANY CRIMINAL PROSECUTION AGAINST THE PERSON25
PROVIDING THE WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS. THE26
PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE CONSTRUED TO27
1192
-10- PREVENT ANY LAW ENFORCEMENT OFFICER , HAVING AN INDEPENDENT1
BASIS TO PRODUCE OR OBTAIN THE FACTS , INFORMATION, OR EVIDENCE,2
FROM PRODUCING OR OBTAINING THE SAME OR SIMILAR FACTS ,3
INFORMATION, OR EVIDENCE FOR USE IN ANY CRIMINAL PROSECUTION .4
(4) N
OTHING IN THIS SECTION PROHIBITS THE ATTORNEY GENERAL5
FROM DISCLOSING INFORMATION OBTAINED PURSUANT TO THIS SECTION TO6
ANY OTHER LAW ENFORCEMENT AGENCY , DEPARTMENT OF ANY7
GOVERNMENTAL OR PUBLIC ENTITY OF THIS OR ANY OTHER STATE , OR THE8
FEDERAL GOVERNMENT IF SUCH OTHER LAW ENFORCEMENT AGENCY OR9
DEPARTMENT EXECUTES AN AGREEMENT THAT THE INFORMATION WILL10
REMAIN CONFIDENTIAL AND WILL NOT BE USED IN ANY CRIMINAL11
PROSECUTION AGAINST THE PERSON PROVIDING THE WRITTEN RESPONSE ,12
TESTIMONY, OR DOCUMENTS.13
(5) I
F ANY PERSON FAILS TO APPEAR OR FAILS TO COOPERATE WITH14
ANY INVESTIGATION OR INQUIRY PURSUANT TO A REQUEST OR SUBPOENA15
ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL MAY APPLY16
TO ANY DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT THE17
PURPOSES OF THIS SECTION. THE APPLICATION MUST STATE THAT THERE18
IS REASONABLE CAUSE TO BELIEVE THAT THE ORDER APPLIED FOR IS19
NECESSARY TO INVESTIGATE, PROSECUTE, OR TERMINATE A VIOLATION OF20
THIS ARTICLE 4. IF THE COURT IS SATISFIED THAT REASONABLE CAUSE21
EXISTS, THE COURT MAY:22
(a) R
EQUIRE THE ATTENDANCE OF , OR THE PRODUCTION OF23
DOCUMENTS BY, THE PERSON, OR BOTH;24
(b) A
SSESS A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS25
FOR THE FAILURE TO APPEAR AND ANSWER QUESTIONS , WRITTEN OR26
OTHERWISE, OR THE FAILURE TO PRODUCE DOCUMENTS , UNLESS THE27
1192
-11- COURT FINDS THAT THE FAILURE TO APPEAR , TO ANSWER QUESTIONS, OR1
TO PRODUCE DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER2
CIRCUMSTANCES MAKE AN ASSESSMENT OF A CIVIL PENALTY UNJUST ;3
(c) A
WARD THE ATTORNEY GENERAL REASONABLE COSTS AND4
ATTORNEY FEES IN MAKING THIS APPLICATION , UNLESS THE COURT FINDS5
THAT THE FAILURE TO APPEAR, TO ANSWER QUESTIONS, OR TO PRODUCE6
DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER7
CIRCUMSTANCES MAKE AN AWARD OF COSTS AND ATTORNEY FEES UNJUST ;8
(d) E
NTER ANY PROTECTIVE ORDER AS PROVIDED FOR IN THE9
C
OLORADO RULES OF CIVIL PROCEDURE ; AND10
(e) G
RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE11
NECESSARY TO OBTAIN COMPLIANCE BY THE PERSON .12
(6) (a) T
HE ATTORNEY GENERAL MAY DEEM ANY INVESTIGATIVE13
RECORDS OR RECORDS REGARDING INTELLIGENCE INFORMATION OBTAINED14
UNDER THIS ARTICLE 4 PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION15
PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.16
(b)
NOTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO17
PREVENT OR LIMIT THE ATTORNEY GENERAL 'S AUTHORITY TO ISSUE PUBLIC18
STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR19
CONSPIRACY THAT VIOLATES THIS ARTICLE 4, WHETHER THE PUBLIC20
STATEMENTS ARE MADE ON A LOCAL , STATEWIDE, REGIONAL, OR21
NATIONWIDE BASIS.22
23
6-4-112. Enforcement by the attorney general. (1) T
HE24
ATTORNEY GENERAL MAY INSTITUTE ACTIONS OR PROCEEDINGS TO25
PREVENT OR RESTRAIN VIOLATIONS OF THIS ARTICLE 4, INCLUDING26
ACTIONS TO PREVENT OR RESTRAIN UNFAIR METHODS OF COMPETITION IN27
1192
-12- OR AFFECTING COMMERCE .1
(2) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON2
BEHALF OF THE STATE OR ANY GOVERNMENTAL OR PUBLIC ENTITY3
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY4
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 AND, IF SUCCESSFUL,5
SHALL RECOVER ANY ACTUAL DAMAGES SUSTAINED BY THE ENTITY . IF THE6
VIOLATION ALLEGED AND PROVED IS DETERMINED BY THE COURT TO BE A7
PER SE VIOLATION OF THIS ARTICLE 4, THE ATTORNEY GENERAL , ON8
BEHALF OF THE ENTITY , MAY RECOVER THREE TIMES THE ACTUAL9
DAMAGES THAT THE ENTITY SUSTAINS .10
(3) (a) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AS11
PARENS PATRIAE ON BEHALF OF ANY INDIVIDUAL RESIDING WITHIN THE12
STATE WHO IS INJURED , EITHER DIRECTLY OR INDIRECTLY , IN THE13
INDIVIDUAL'S BUSINESS OR PROPERTY BY REASON OF ANY VIOLATION OF14
THIS ARTICLE 4 AND, IF SUCCESSFUL, SHALL RECOVER ANY ACTUAL15
DAMAGES SUSTAINED BY THE INDIVIDUAL . IF THE VIOLATION ALLEGED16
AND PROVED IS DETERMINED BY THE COUR T TO BE A PER SE VIOLATION OF17
THIS ARTICLE 4, THE ATTORNEY GENERAL, ON BEHALF OF THE INDIVIDUAL,18
MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE INDIVIDUAL19
SUSTAINS.20
(b) I
N ANY PARENS PATRIAE ACTION IN WHICH ACTUAL OR TREBLE21
DAMAGES ARE RECOVERED , THE COURT, IN ITS DISCRETION, MAY22
DETERMINE THAT THE AMOUNT OF DAMAGES RECOVERED IS TOO SMALL TO23
MAKE ANY REFUND TO PARENS GROUP MEMBERS PRACTICABLE . IN THAT24
EVENT, THE COURT MAY DIRECT THE DAMAGES TO BE PAID TO THE25
GENERAL FUND OF THE STATE OR TO SOME OTHER GOVERNMENTAL OR26
PUBLIC ENTITY AS THE COURT DEEMS APPROPRIATE OR MAY REQUIRE THAT27
1192
-13- DAMAGES BE PAID AS REBATES OR PRICE REDUCTIONS TO FUTURE1
CONSUMERS.2
(4) I
N ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS3
ARTICLE 4, THE ATTORNEY GENERAL MAY REQUEST , AND A COURT MAY4
MAKE, ORDERS OR JUDGMENTS AS MAY BE NECESSARY TO :5
(a) F
ULLY COMPENSATE OR MAKE WHOLE ANY PERSON INJURED ,6
EITHER DIRECTLY OR INDIRECTLY, BY MEANS OF ANY RESTRAINT OF TRADE7
IN VIOLATION OF THIS ARTICLE 4; OR8
(b) P
REVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH9
ANY RESTRAINT OF TRADE IN VIOLATION OF THIS ARTICLE 4.10
(5) I
N ANY ACTION BROUGHT PURSUANT TO THIS ARTICLE 4, THE11
ATTORNEY GENERAL, IF SUCCESSFUL, IS ENTITLED TO RECOVER THE COSTS12
OF INVESTIGATION, EXPERT FEES, COSTS OF THE ACTION, AND REASONABLE13
ATTORNEY FEES.14
6-4-113. Civil penalties. (1) T
HE ATTORNEY GENERAL MAY15
BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION16
OF A CIVIL PENALTY FOR ANY VIOLATION OF THIS ARTICLE 4. THE COURT,17
UPON FINDING A VIOLATION OF THIS ARTICLE 4, SHALL IMPOSE A CIVIL18
PENALTY TO BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT19
NOT TO EXCEED ONE MILLION DOLLARS FOR EACH SUCH VIOLATION .20
(2) I
N DETERMINING THE AMOUNT OF A CIVIL PENALTY , THE COURT21
SHALL CONSIDER, AMONG OTHER THINGS:22
(a) T
HE NATURE AND EXTENT OF THE VIOLATION ;23
(b) T
HE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION ;24
(c) W
HETHER THE VIOLATION WAS AN ISOLATED INCIDENT OR A25
CONTINUOUS PATTERN AND PRACTICE OF BEHAVIOR ;26
(d) W
HETHER THE VIOLATION WAS THE RESULT OF WILLFUL27
1192
-14- CONDUCT;1
(e) W
HETHER THE DEFENDANT TOOK AFFIRMATIVE STEPS TO2
CONCEAL SUCH VIOLATIONS; AND3
(f) W
HETHER, GIVEN THE SIZE AND WEALTH OF THE DEFENDANT ,4
THE CIVIL PENALTY WILL BE AN EFFECTIVE DETERRENT AGAINST FUTURE5
VIOLATIONS.6
6-4-114. Enforcement - injunction. (1) A
NY PERSON INJURED,7
EITHER DIRECTLY OR INDIRECTLY , IN ITS BUSINESS OR PROPERTY BY8
REASON OF A VIOLATION OF THIS ARTICLE 4 MAY FILE AN ACTION TO9
PREVENT OR RESTRAIN THE VIOLATION .10
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE11
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS12
EXPERT WITNESS FEES, THE COSTS OF THE ACTION, AND REASONABLE13
ATTORNEY FEES.14
6-4-115. Enforcement - civil damages. (1) A
NY PERSON15
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY16
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 MAY SUE AND, IF17
SUCCESSFUL, IS ENTITLED TO RECOVER ANY ACTUAL DAMAGES THAT THE18
PERSON SUSTAINED. IF THE VIOLATION ALLEGED AND PROVED IS19
DETERMINED BY THE COURT TO BE A PER SE VIOLATION OF THIS ARTICLE20
4,
THE PERSON MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT21
THE PERSON SUSTAINS.22
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE23
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS24
EXPERT FEES, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY25
FEES.26
(3) N
O DAMAGES, COSTS, EXPERT FEES, COSTS OF INVESTIGATION,27
1192
-15- CIVIL PENALTIES, OR ATTORNEY FEES MAY BE RECOVERED FROM :1
(a) A
GOVERNMENTAL OR PUBLIC ENTITY ;2
(b) A
NY OFFICIAL, AGENT, OR EMPLOYEE OF A GOVERNMENTAL OR3
PUBLIC ENTITY ACTING IN AN OFFICIAL CAPACITY; OR4
(c) A
NY PERSON BASED ON ANY OFFICIAL ACTION DIRECTED BY A5
GOVERNMENTAL OR PUBLIC ENTITY .6
6-4-116. Notice to the attorney general. A
NY PERSON THAT FILES7
A CIVIL ACTION THAT INCLUDES ANY ALLEGATION OF A VIOLATION OF THIS8
ARTICLE 4 SHALL, SIMULTANEOUSLY WITH THE FILING OF THE ACTION IN9
DISTRICT COURT, SERVE A COPY OF THE COMPLAINT ON THE ATTORNEY10
GENERAL.11
6-4-117. Computation of damages. I
N ANY ACTION BROUGHT12
PURSUANT TO SECTION 6-4-112 OR 6-4-115, THE AMOUNT OF DAMAGES13
MAY BE CALCULATED AND ASSESSED IN THE AGGREGATE BY STATISTICAL14
OR SAMPLING METHODS , BY THE COMPUTATION OF ILLEGAL15
OVERCHARGES, OR BY SUCH OTHER REASONABLE SYSTEM OF ESTIMATING16
AGGREGATE DAMAGES AS THE COURT IN ITS DISCRETION MAY PERMIT17
WITHOUT REQUIRING SEPARATE PROOF OF ANY INDIVIDUAL CLAIM OF , OR18
AMOUNT OF DAMAGES TO , EACH PERSON ON WHOSE BEHALF THE ACTION19
WAS BROUGHT.20
6-4-118. Enforcement - criminal proceedings. (1) T
HE21
ATTORNEY GENERAL SHALL PROSECUTE ALL CRIMINAL PROCEEDINGS FOR22
VIOLATIONS OF THIS ARTICLE 4, WHETHER BY INDICTMENT OR DIRECT23
INFORMATION FILED IN THE APPROPRIATE DISTRICT COURT .24
(2) A
NY INDIVIDUAL WHO VIOLATES SECTION 6-4-104, 6-4-105, OR25
6-4-106
COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS26
PROVIDED IN SECTION 18-1.3-401.27
1192
-16- (3) ANY PERSON, OTHER THAN AN INDIVIDUAL OR A1
GOVERNMENTAL OR PUBLIC ENTITY , THAT VIOLATES SECTION 6-4-104,2
6-4-105,
OR 6-4-106 IS GUILTY OF A FELONY AND, UPON CONVICTION3
THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE MILLION4
DOLLARS.5
6-4-119. Statute of limitations. (1)
ANY CIVIL ACTION6
COMMENCED PURSUANT TO THIS ARTICLE 4 MUST BE BROUGHT WITHIN7
FOUR YEARS AFTER THE DATE THAT THE CAUSE OF ACTION ACCRUED . FOR8
PURPOSES OF THIS ARTICLE 4, A CAUSE OF ACTION ACCRUES:9
(a) W
HEN THE CIRCUMSTANCES GIVING RISE TO THE CAUSE OF10
ACTION ARE DISCOVERED OR SHOULD HAVE BEEN DISCOVERED IN THE11
EXERCISE OF REASONABLE DILIGENCE ; OR12
(b) O
N THE DATE THAT THE LAST IN A SERIES OF ACTS OR13
PRACTICES IN VIOLATION OF THIS ARTICLE 4 OCCURRED, INCLUDING ANY14
ACQUISITIONS OR SERIES OF ACQUISITIONS THAT, IN THE AGGREGATE, MAY15
CONSTITUTE A VIOLATION OF THIS ARTICLE 4.16
(2) A
NY CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS17
ARTICLE 4 MUST BE COMMENCED WITHIN SIX YEARS AFTER THE ALLEGED18
CRIMINAL ACT OCCURRED.19
(3) I
F THE ATTORNEY GENERAL COMMENCES A PROCEEDING OR20
ACTION FOR ANY VIOLATION OF THIS ARTICLE 4, THE RUNNING OF THE21
STATUTE OF LIMITATIONS WITH RESPECT TO EVERY CAUSE OF ACTION THAT22
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE23
PROCEEDING OR ACTION IS SUSPENDED DURING THE PENDENCY OF THE24
PROCEEDING OR ACTION AND FOR ONE YEAR AFTER THE CONCLUSION OF25
THE PROCEEDING OR ACTION.26
(4) W
HENEVER ANY CIVIL OR CRIMINAL PROCEEDING IS BROUGHT27
1192
-17- BY THE UNITED STATES TO PREVENT, RESTRAIN, OR PUNISH VIOLATIONS1
OF ANY FEDERAL ANTITRUST LAWS , THE RUNNING OF THE STATUTE OF2
LIMITATIONS WITH RESPECT TO ANY ACTION UNDER THIS ARTICLE 4 THAT3
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE4
FEDERAL PROCEEDING IS SUSPENDED DURING THE PENDENCY OF THE5
FEDERAL PROCEEDING AND FOR ONE YEAR AFTER THE CONCLUSION OF THE6
FEDERAL PROCEEDING.7
(5) EXCEPT AS EXPRESSLY PROVIDED IN SUBSECTIONS (1) AND (2)8
OF THIS SECTION, NO OTHER LIMITATION TERMINATES THE PERIOD WITHIN9
WHICH THE ATTORNEY GENERAL MAY FILE AN ACTION FOR A VIOLATION OF10
THIS ARTICLE 4.11
6-4-120. Remedies - cumulative. T
HE REMEDIES PROVIDED IN12
THIS ARTICLE 4 ARE CUMULATIVE EXCEPT AS OTHERWISE EXPRESSLY13
LIMITED.14
6-4-121. Void contracts - refund. (1) A
NY CONTRACT OR15
AGREEMENT THAT A PERSON MAKES WHILE A MEMBER OF ANY16
COMBINATION, CONSPIRACY, TRUST, OR POOL PROHIBITED UNDER THIS17
ARTICLE 4 THAT IS FOUNDED UPON, IS THE RESULT OF, GROWS OUT OF, OR18
IS CONNECTED WITH ANY VIOLATION OF THIS ARTICLE 4, EITHER DIRECTLY19
OR INDIRECTLY, IS VOID, AND THE PERSON MAY NOT RECOVER BASED ON20
OR BENEFIT FROM THE CONTRACT OR AGREEMENT .21
(2) A
NY PAYMENTS MADE UPON , UNDER, OR PURSUANT TO A22
CONTRACT OR AGREEMENT FOR THE BENEFIT OF A PERSON THAT IS A23
MEMBER OF ANY COMBINATION , CONSPIRACY, TRUST, OR POOL PROHIBITED24
UNDER THIS ARTICLE 4 MAY BE RECOVERED IN AN ACTION BROUGHT BY25
THE PARTY MAKING THE PAYMENTS OR BY THE PARTY 'S HEIRS, PERSONAL26
REPRESENTATIVES, OR ASSIGNS.27
1192
-18- 6-4-122. Severability. I F ANY PROVISION OF THIS ARTICLE 4 OR1
THE APPLICATION OF THIS ARTICLE 4 TO ANY PERSON OR CIRCUMSTANCES2
IS HELD INVALID, THAT INVALIDITY DOES NOT AFFECT OTHER PROVISIONS3
OR APPLICATIONS OF THIS ARTICLE 4 THAT CAN BE GIVEN EFFECT WITHOUT4
THE INVALID PROVISION OR APPLICATION.5
SECTION 4. In Colorado Revised Statutes, 24-21-626, amend6
(1) as follows:7
24-21-626. Unfair trade practices. (1) The provisions of the8
"Unfair Practices Act", article 2 of title 6, and the "Colorado S
TATE9
Antitrust Act of 1992
2023", article 4 of title 6, are specifically applicable10
to charitable gaming activities conducted by any licensee. Within thirty11
days after receiving a complaint alleging a violation of either of said THE12
acts, the licensing authority shall transmit such THE complaint to the13
attorney general.14
SECTION 5. In Colorado Revised Statutes, 24-31-101, amend15
(1)(i)(I) as follows:16
24-31-101. Powers and duties of attorney general. (1) The17
attorney general:18
(i) May independently initiate and bring civil and criminal actions19
to enforce state laws, including actions brought pursuant to:20
(I) The "Colorado Antitrust Act of 1992"
OR THE "COLORADO21
S
TATE ANTITRUST ACT OF 2023", article 4 of title 6;22
SECTION 6. In Colorado Revised Statutes, amend 25-17-410 as23
follows:24
25-17-410. Limited exemption from antitrust, restraint of25
trade, and unfair trade practices provisions. If a producer or group of26
producers participating in a paint stewardship program or a stewardship27
1192
-19- organization contracted by one or more producers to implement a paint1
stewardship program engages in an activity performed solely in2
furtherance of implementing the paint stewardship program and in3
compliance with the provisions of this part 4, the activity is not a4
violation of the antitrust, restraint of trade, and unfair trade practices5
provisions of the "Unfair Practices Act", article 2 of title 6, C.R.S., or the6
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6. C.R.S.7
SECTION 7. In Colorado Revised Statutes, amend 25-17-711 as8
follows:9
25-17-711. Limited exemption from antitrust, restraint of10
trade, and unfair trade practices provisions. If the program or any11
other plan approved by the executive director pursuant to this part 712
engages in an activity performed solely in furtherance of implementing13
the program or plan and in compliance with this part 7, the activity is not14
a violation of the antitrust, restraint of trade, and unfair trade practices15
provisions of the "Unfair Practices Act", article 2 of title 6, or the16
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6.17
SECTION 8. Applicability. This act applies to conduct occurring18
on or after the effective date of this act.19
SECTION 9. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
1192
-20-