C.R.S. Section 23-64-123
Deceptive trade or sales practices


(1)

It is a deceptive trade or sales practice for:

(a)

A school or agent to make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the school or agent knows or reasonably should have known the statement or representation to be false, substantially inaccurate, or misleading;

(b)

A school or agent to represent falsely, directly or by implication, through the use of a trade or business name or in any other manner, including the use of “help wanted” or other employment columns in a newspaper or other publication, that it is an employment agency or agent or authorized training facility for another industry or member of such industry or to otherwise deceptively conceal the fact that it is a school;

(c)

A school or agent to represent falsely, directly or by implication, that any of its educational services have been approved by a particular industry or that successful completion thereof qualifies a student for admission to a labor union or similar organization or for the receipt of a state license to perform certain functions;

(d)

A school or agent to represent falsely, directly or by implication, that the lack of a high school education, prior training, or experience is not a handicap or impediment to completing successfully a course or program of study or for gaining employment in the field for which the educational services were designed;

(e)

A school or agent to adopt a name, trade name, or trademark that represents falsely, directly or by implication, the quality, scope, nature, size, or integrity of the school or its educational services;

(f)

A school or agent to represent falsely, directly or by implication, that students completing a course or program of instruction successfully may transfer credit therefor to any institution of higher education;

(g)

A school or agent to represent falsely, directly or by implication, in its advertising or promotional materials or in any other manner, the size, location, facilities, or equipment of the school, the number or educational experience qualifications of its faculty, the extent or nature of any approval received from any state agency, or the extent or nature of any accreditation received from any accrediting agency or association;

(h)

A school or agent to provide prospective students with any testimonials, endorsements, or other information that has the tendency to mislead or deceive prospective students or the public regarding current practices of the school, current conditions for employment opportunities, or probable earnings in the industry or occupation for which the educational services were designed or as a result of the completion of any such educational service;

(i)

A school or agent to enroll a student when it is reasonably obvious that the student is unlikely to complete successfully a program of study or is unlikely to qualify for employment in the field for which the education is designed, unless this fact is affirmatively disclosed to the student;

(j)

An agent representing an out-of-state school to represent directly or by implication that the school is approved or accredited by the state of Colorado;

(k)

A school or agent to designate or refer to its sales representatives as “counselors” or “advisors” or to use words of similar import that have the tendency to mislead or deceive prospective students or the public regarding the authority or qualifications of the sales representatives or agents; or

(l)

A school to advertise or otherwise represent that it is accredited unless the school is accredited by an accrediting body that is recognized by the United States department of education or is accredited by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit a freestanding, single-purpose institution of construction education.

Source: Section 23-64-123 — Deceptive trade or sales practices, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑64‑101
Short title
23‑64‑102
Legislative declaration
23‑64‑103
Definitions
23‑64‑104
Exemptions
23‑64‑105
Private occupational school division - creation
23‑64‑106
Powers and duties of division
23‑64‑107
Private occupational school board - established - membership
23‑64‑108
Powers and duties of board - rules
23‑64‑109
Duties of private occupational schools
23‑64‑110
Submittal of fingerprints for persons teaching at designated schools - fingerprint-based criminal history record checks - prerequisite for commencing or continuing employment
23‑64‑111
Duties and powers of the division subject to approval of the executive director
23‑64‑112
Minimum standards
23‑64‑113
Prohibitions
23‑64‑114
Application for certificate of approval
23‑64‑115
Issuance of certificate of approval
23‑64‑116
Application for change of ownership - definition
23‑64‑117
Agent’s permits
23‑64‑118
Denial of application for certificate of approval or agent’s permit
23‑64‑119
Revocation of certificate of approval and agent’s permit
23‑64‑120
Refund policy
23‑64‑121
Bonds - definitions
23‑64‑122
Fees - private occupational schools fund - annual adjustment - rules
23‑64‑123
Deceptive trade or sales practices
23‑64‑124
Complaints of deceptive trade or sales practices
23‑64‑125
Preservation of records
23‑64‑126
Enforceability of notes, contracts, and other evidence of indebtedness
23‑64‑127
Violations - civil - penalty
23‑64‑128
Violations - criminal - penalty
23‑64‑129
State administrative procedure act
23‑64‑130
Jurisdiction of courts - service of process
23‑64‑131
Enforcement - injunction - fines - rules
23‑64‑132
Transfer of governance of private occupational schools - provisions for transition - rules
23‑64‑133
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 23-64-123’s source at colorado​.gov