First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0554.01 Jennifer Berman x3286
SENATE BILL 25-157
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING REDUCING BURDENS TO ENFORCEMENT OF LAWS101
PROHIBITING DECEPTIVE ACTS .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
.)
The bill establishes that certain evidence that a person has engaged
in an unfair or deceptive trade practice constitutes a significant impact to
the public. The bill also clarifies that a deceptive trade practice claim
cannot be based solely on a claim that a person breached a contract or
engaged in negligence or on a claim for damages based on the rendering
of professional services, unless the claim for damages involves an
SENATE
Amended 2nd Reading
March 28, 2025
SENATE SPONSORSHIP
Weissman and Gonzales J., Cutter, Jodeh, Kipp, Kolker
HOUSE SPONSORSHIP
Mabrey and Titone, Bacon, Brown, Froelich, Garcia, Lindsay, Mauro, Rutinel, Sirota,
Story, Velasco, Willford, Zokaie
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. allegation of a material misrepresentation of fact, a failure to disclose
material information, or an action that cannot be characterized as
providing advice, judgment, or opinion.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) For more than 100 years, it has been the policy of the United4
States and of the state of Colorado to promote honest competition among5
businesses and to discourage unfair competition;6
(b) In 1914, Congress passed the "Federal Trade Commission7
Act", 15 U.S.C. sec. 41 et seq., to prohibit "unfair methods of competition8
in commerce";9
(c) The "Federal Trade Commission Act" has been continually10
updated as the economy has evolved and currently prohibits "[u]nfair11
methods of competition in or affecting commerce, and unfair or deceptive12
acts or practices in or affecting commerce";13
(d) In 1915, the Colorado general assembly passed legislation14
prohibiting "untrue, deceptive, or misleading" advertising, as codified in15
C.L. 1921 sec. 6942;16
(e) In 1969, the Colorado general assembly passed the "Colorado17
Consumer Protection Act", the first modern consumer protection law to18
prohibit "deceptive trade practices" and to protect consumers from unfair,19
unconscionable, and deceptive acts or practices;20
(f) In 1998, in Hall v. Walter, 969 P.2d 224, 234 (Colo. 1998), the21
Colorado supreme court limited the application of the "Colorado22
Consumer Protection Act", part 1 of article 1 of title 6, Colorado Revised23
Statutes, by holding that an injured individual or business must prove that24
157-2- an unfair, unconscionable, or deceptive act or practice "significantly1
impacts the public", placing a requirement on injured individuals or2
businesses to prove circumstances far outside their own knowledge or3
control;4
(g) The requirement that an injured individual or business prove5
that an unfair or deceptive trade practice "significantly impacts the6
public" is nowhere to be found in the text of the "Colorado Consumer7
Protection Act";8
(h) According to the most recent 50-state survey from the National9
Consumer Law Center, Colorado is one of only 7 states that curtail their10
consumer protection laws with this type of "significantly impacts the11
public" limitation;12
(i) According to the federal trade commission, Colorado ranks13
above the national average for reports of consumer fraud per capita, with14
the fifteenth highest reporting numbers;15
(j) Certain populations, including seniors, veterans, active duty16
military service members, and people with disabilities, are especially17
targeted and victimized by deceptive acts and practices;18
(k) By clarifying the availability of remedies available under the19
"Colorado Consumer Protection Act" for populations especially targeted20
and victimized by deceptive acts and practices, Colorado can better21
promote honest competition among businesses, discourage unfair22
competition, and protect certain consumers who are especially vulnerable;23
and24
(l) Under this act, all other persons will maintain the right to25
pursue claims under the "Colorado Consumer Protection Act" consistent26
with current law, which considers, among other things, the vulnerabilities27
157
-3- of the people harmed by deceptive acts and practices and the asymmetries1
of power between the parties.2
SECTION 2. In Colorado Revised Statutes, 6-1-102, add (6.5)3
as follows:4
6-1-102. Definitions. As used in this article 1, unless the context5
otherwise requires:6
(6.5) "P
ERSON PARTICULARLY TARGETED BY DECEPTIVE ACTS OR
7
PRACTICES" MEANS:8
(a) A
SENIOR CITIZEN SIXTY YEARS OF AGE OR OLDER;
9
(b) A
N INDIVIDUAL CURRENTLY SERVING IN THE UNITED STATES
10
ARMED FORCES;11
(c) A
VETERAN OF THE UNITED STATES ARMED FORCES;
12
(d) A
GOLD STAR MILITARY SPOUSE;
13
(e) A
PERSON WITH A DISABILITY , AS DEFINED IN SECTION
14
24-34-301
(7); OR
15
(f) A
PREGNANT INDIVIDUAL.
16
SECTION 3. In Colorado Revised Statutes, 6-1-113, add (5) and17
(6) as follows:18
6-1-113. Civil actions - damages - other relief - class actions.19
(5) I
N AN ACTION COMMENCED UNDER THIS SECTION , A PERSON
20
PARTICULARLY TARGETED BY DECEPTIVE ACTS OR PRACTICES MAY21
ESTABLISH THAT AN UNFAIR OR A DECEPTIVE ACT OR PRACTICE22
SIGNIFICANTLY IMPACTS THE PUBLIC BECAUSE THE ACT OR PRACTICE :23
(a) V
IOLATES A PROVISION OF THIS TITLE 6 THAT IS A DECEPTIVE24
TRADE PRACTICE; OR25
(b) I
NJURED, HAD THE CAPACITY TO INJURE, OR HAS THE CAPACITY26
TO INJURE OTHER PERSONS.27
157
-4- (6) IN AN ACTION COMMENCED UNDER THIS SECTION :1
(a) A
BREACH OF CONTRACT CLAIM, WITHOUT AN ALLEGATION OF2
ADDITIONAL CONDUCT, DOES NOT CONSTITUTE A CLAIM THAT A PERSON3
ENGAGED IN A DECEPTIVE TRADE PRACTICE ;4
(b) A
CLAIM OF NEGLIGENCE, WITHOUT AN ALLEGATION OF5
ADDITIONAL CONDUCT, DOES NOT CONSTITUTE A CLAIM THAT A PERSON6
ENGAGED IN A DECEPTIVE TRADE PRACTICE ; AND7
(c) A
CLAIM FOR DAMAGES BASED ON THE RENDERING OF A8
PROFESSIONAL SERVICE, THE ESSENCE OF WHICH SERVICE IS PROVIDING9
ADVICE, JUDGMENT, OPINION, OR SIMILAR PROFESSIONAL SKILL, WITHOUT10
AN ALLEGATION OF ADDITIONAL CONDUCT , DOES NOT CONSTITUTE A11
CLAIM THAT A PERSON ENGAGED IN A DECEPTIVE TRADE PRACTICE ;12
EXCEPT THAT THIS SUBSECTION (6)(c) DOES NOT APPLY TO:13
(I) A
N EXPRESS MISREPRESENTATION OF A MATERIAL FACT THAT14
CANNOT BE CHARACTERIZED AS PROVIDING ADVICE , JUDGMENT, OR15
OPINION;16
(II) A
FAILURE TO DISCLOSE INFORMATION CONCERNING GOODS OR17
SERVICES, WHICH INFORMATION WAS KNOWN AT THE TIME OF THE18
TRANSACTION, IF SUCH FAILURE TO DISCLOSE THE INFORMATION WAS19
INTENDED TO INDUCE THE CONSUMER INTO A TRANSACTION THAT THE20
CONSUMER WOULD NOT HAVE ENTERED INTO HAD THE INFORMATION BEEN21
DISCLOSED;22
(III) A
N ACTION OR COURSE OF ACTION THAT CANNOT BE23
CHARACTERIZED AS PROVIDING ADVICE , JUDGMENT, OR OPINION; OR24
(IV) A
BREACH OF AN EXPRESS WARRANTY THAT CANNOT BE25
CHARACTERIZED AS PROVIDING ADVICE , JUDGMENT, OR OPINION.26
SECTION 4.
Safety clause. The general assembly finds,27
157
-5- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
157
-6-