Colorado Consumer Protection Act (CCPA)
In 1969, the Colorado General Assembly ratified the Colorado Consumer Protection Act (CCPA) to battle misleading and fraudulent sales procedures (Udis, Esq. and Lucero, Esq., “Chapter 6: Consumer-Contract Law”). The CCPA provisions are included in the Colorado Revised Statutes, Title 6, Article 1, §§ 101-908.
The CCPA stops deception and misrepresentation use regarding promoting and selling goods, services and property in Colorado. The legal remedies available against CCPA violators consist of court-charged injunctions, resolution—property refunds or return, civil fines equal to $10,000 per infringement, expenses, and attorney fees to the dominant party in court. Because it was initially ratified, the CCPA has been modified several times to include more consumer safeguards and tackle new consumer troubles.
The CCPA consists of a list of numerous common advertising and sales practices that are illegal. Some of these are as follows:
- Palming Off Goods as Someone Else’s. Carter’s Department Store obtains nearby manufactured jeans and puts Levi labels on them.
- Feigning Your Merchandise’s Source. Brady’s Dairy sells cheese labeled “Chunky Cheddar—Made in Wisconsin.” It is actually manufactured in Last Chance, Colorado.
- Faking Your Merchandise’s Approval or Certification. Suncore sells a solar collector they promote as “Department of Energy-Approved,” when DOE do not know of it.
- Feigning Your Product’s Benefits. According to Petty Q., GN-P also elevates gas mileage by an average of four miles per gallon, but it has no such outcome.
- Advertising with Meaning Not to Sell as Advertised. Lawrence Toyota markets “Celicas at $4,025 base price.” You turn up and cannot locate one selling for at most $5,200.
- Falsifications Concerning the Merchandise’s Price. “Going Out of Business Sale,” states Bark Brothers Sports. “All inventory 50% off.” Actually, Bark is easily altering the company’s name to Aspen Bark Sports.
The CCPA stipulations might be implemented through lawsuits filed by the state attorney general or local district attorneys in support of several consumers or a person to safeguard his or her own rights.
Exclusive Remedies
Many consumer protection laws, whether imposable by government agencies or not, permit people to file their own exclusive lawsuits for damages against a business which breaches any of the law’s stipulations. These cases can be filed in federal, state, county, or even small claims court, conditional on the specific statute under which the case is created and how much money is under consideration. In a few conditions, numerous consumers might unite to file a “class action” lawsuit to safeguard several individuals who are identically influenced by the supposed misleading business practices. For example, some consumers serving as representatives of every identically located customer bring a class action lawsuit against the telephone company for invoicing overcharges amassed from every telephone customer.
Consumer Protection Agencies
Several government agencies are available to help people in Colorado. While a few agencies might offer essential consumer details by telephone, many consumer protection agencies expect consumer complaints to be presented in writing. A few agencies offer regular complaint forms on which an individual might present a complaint against a business.
When a consumer complaint is received, many agencies usually send it to the party objected to for a written reply. This permits both sides of the argument to be listened to, thus guaranteeing an impartial evaluation of the situation or business under consideration. This complaint-controlling procedure frequently endorses the complaints’ agreeable decisions by drawing together the consumer and merchant to talk about and solve the problem. This intermediary dispute resolution procedure is signified as “mediation.” Many agencies offer important mediation services to consumers and businesses similarly.
It is imperative to acknowledge that many consumers are pleased by the business when it comprehends the problem. Many trustworthy businesses attempt to continue pleasing their customers. This guarantees recurring business. Thus, consumers must try to settle complaints with the company management prior to filing an official written complaint with a consumer protection agency.
The following are consumer protection agencies in Colorado:
- Colorado Attorney General’s Office;
- Twenty-two local district attorneys;
- Federal Trade Commission;
- The U.S. Postal Inspector;
- Consumer Product Safety Commission;
- S. Food and Drug Administration; and
- Consumer relations departments of every other federal, state, and local government agency.
