HB 25-1090 CO Became Law
Protections Against Deceptive Pricing Practices
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Summary
The act: Prohibits a person from offering, displaying, or advertising pricing information for a good, service, or property unless the person clearly and conspicuously discloses the maximum total (total price) of all amounts that a person may pay for the good, service, or property, not including a government charge or shipping charge unless voluntarily included (total price disclosure requirement); Prohibits a person from misrepresenting the nature and purpose of pricing information for a good, service, or property; Requires a person to clearly and conspicuously disclose the nature and purpose of pricing information for a good, service, or property that is not part of the total price; and Prohibits a landlord from requiring a tenant to pay certain fees, charges, or amounts or including in a written rental agreement a provision that requires the tenant to pay a fee, charge, or amount that is prohibited by the act. A person complies with the disclosure requirements if the person does not use deceptive, unfair, and unconscionable acts or practices related to the pricing of goods, services, or property and if the person: Is a food and beverage service establishment that includes a disclosure in the total price for a good or service the amount of any mandatory service charge and how the mandatory service charge is distributed; Can demonstrate that the total price of services the person offers is indeterminate at the time of the offer and clearly and conspicuously discloses the factors that determine the total price, any mandatory fees associated with the transaction, and that the total price may vary; Can demonstrate that the person is governed by and compliant with applicable federal law, rule, or regulation regarding pricing transparency for the particular transaction at issue; Can demonstrate that any fees, costs, or amounts in addition to the total price are associated with real estate settlement services and are not broker commissions or fees; Can demonstrate that the person is providing broadband internet access service or is a cable operator or broadcast satellite provider and is compliant with specified federal law; or Is a delivery network company that clearly and conspicuously discloses that an additional flat fee, variable fee, or percentage fee is charged, any mandatory fees associated with the transaction, and that the total price for the services may vary and complies with other requirements related to disclosure of the additional fee. A landlord or landlord's agent is not required to include, in the required disclosure, the actual amount charged for utility services provided to a tenant's dwelling unit. Additionally, a person is exempt from the act if the person is governed by federal law that preempts state law. A violation of the act constitutes a deceptive, unfair, and unconscionable act or practice and is subject to penalties under the "Colorado Consumer Protection Act". In addition to any other remedies available by law or in equity, in a dispute regarding property, a person aggrieved by a violation may send a written demand to the alleged violator: For reimbursement of any fee, charge, or amount unlawfully imposed and for any actual damages suffered; or To notify the alleged violator of their refusal to pay a prohibited fee, charge, or amount unlawfully imposed. If an alleged violator declines to make full legal tender of all fees, charges, amounts, or damages demanded or refuses to cease charging the aggrieved person within 14 days after receiving the written demand, the person is liable for actual damages plus 18% interest, compounded annually. The attorney general may adopt rules to implement the act. (Note: This summary applies to this bill as enacted.)
Sponsors (4)
- Emily Sirota Democratic · primary
- Naquetta Ricks Democratic · primary
- Mike Weissman Democratic · primary
- Lisa Cutter Democratic · primary
36 coauthors / cosponsors
- J. Bacon Democratic · cosponsor
- S. Bird · cosponsor
- A. Boesenecker Democratic · cosponsor
- K. Brown Democratic · cosponsor
- C. Clifford Democratic · cosponsor
- M. Duran Democratic · cosponsor
- R. English Democratic · cosponsor
- M. Froelich Democratic · cosponsor
- L. García Democratic · cosponsor
- E. Hamrick Democratic · cosponsor
- J. Jackson Democratic · cosponsor
- J. Joseph Democratic · cosponsor
- S. Lieder Democratic · cosponsor
- M. Lindsay Democratic · cosponsor
- W. Lindstedt Democratic · cosponsor
- J. Mabrey Democratic · cosponsor
- J. McCluskie Democratic · cosponsor
- J. Phillips Democratic · cosponsor
- M. Rutinel Democratic · cosponsor
- T. Story Democratic · cosponsor
- B. Titone Democratic · cosponsor
- Y. Zokaie Democratic · cosponsor
- J. Amabile Democratic · cosponsor
- M. Ball Democratic · cosponsor
- J. Coleman Democratic · cosponsor
- T. Exum Democratic · cosponsor
- J. Gonzales Democratic · cosponsor
- N. Hinrichsen Democratic · cosponsor
- I. Jodeh Democratic · cosponsor
- C. Kipp Democratic · cosponsor
- C. Kolker Democratic · cosponsor
- D. Michaelson Jenet · cosponsor
- R. Rodriguez Democratic · cosponsor
- T. Sullivan Democratic · cosponsor
- K. Wallace Democratic · cosponsor
- F. Winter · cosponsor
Action history (19)
- Apr 21, 2025 Governor Signed · executive
- Apr 11, 2025 Sent to the Governor · executive
- Apr 10, 2025 Signed by the President of the Senate · upper
- Apr 10, 2025 Signed by the Speaker of the House · lower
- Mar 28, 2025 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Mar 27, 2025 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Mar 26, 2025 Senate Third Reading Passed - No Amendments · upper
- Mar 25, 2025 Senate Second Reading Passed with Amendments - Committee, Floor · upper
- Mar 24, 2025 Senate Second Reading Laid Over Daily - No Amendments · upper
- Mar 21, 2025 Senate Second Reading Laid Over to 03/24/2025 - No Amendments · upper
- Mar 19, 2025 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole · upper
- Mar 12, 2025 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed · upper
- Mar 7, 2025 Introduced In Senate - Assigned to Judiciary · upper
- Mar 4, 2025 House Third Reading Passed - No Amendments · lower
- Mar 3, 2025 House Third Reading Laid Over Daily - No Amendments · lower
- Feb 28, 2025 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
- Feb 24, 2025 House Second Reading Laid Over Daily - No Amendments · lower
- Feb 19, 2025 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
- Jan 23, 2025 Introduced In House - Assigned to Judiciary · lower
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