C.R.S. Section 5-16-108
Unfair practices


(1)

A debt collector or collection agency shall not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the following conduct:

(a)

The collection of any amount, including any interest, fee, charge, or expense incidental to the principal obligation, unless the amount is expressly authorized by the agreement creating the debt or permitted by law;

(b)

The acceptance by a debt collector or collection agency from any person of a check or other payment instrument postdated by more than five days unless the person is notified in writing of the debt collector’s or collection agency’s intent to deposit the check or instrument not more than ten nor less than three business days prior to the deposit;

(c)

The solicitation by a debt collector or collection agency of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;

(d)

Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on the check or instrument;

(e)

Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(f)

Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if:

(I)

There is no present right to possession of the property claimed as collateral through an enforceable security interest;

(II)

There is no present intention to take possession of the property; or

(III)

The property is exempt by law from such dispossession or disablement;

(g)

Communicating with a consumer regarding a debt by postcard;

(h)

Using any language or symbol, other than the debt collector’s or collection agency’s address, on any envelope when communicating with a consumer by use of the mails or by telegram; except that a debt collector or collection agency may use his business name if the name does not indicate that he or she is in the debt collection business;

(i)

Failing to comply with the provisions of section 13-21-109 regarding the collection of checks, drafts, or orders not paid upon presentment;

(j)

Communicating credit information to a consumer reporting agency earlier than thirty days after the initial notice to the consumer has been mailed, unless the consumer’s last-known address is known to be invalid. This subsection (1)(j) shall not apply to checks, negotiable instruments, or credit card drafts.

(k)

An attempt to collect an amount in excess of the amounts permitted under section 13-54-102 or 13-54-104;

(l)

An attempt to collect a debt that violates the provisions of section 6-20-203 (1), (2), (3)(b), (4)(a), (4)(b)(I), (4)(d), (4)(e), or (5)(a) to (5)(c).

Source: Section 5-16-108 — Unfair practices, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑16‑101
Short title
5‑16‑102
Scope of article
5‑16‑103
Definitions
5‑16‑104
Location information - acquisition
5‑16‑105
Communication in connection with debt collection - definition - repeal
5‑16‑106
Harassment or abuse
5‑16‑107
False or misleading representations - repeal
5‑16‑108
Unfair practices
5‑16‑109
Validation of debts
5‑16‑109.5
Medical debt - requirements related to payment plans - collection prohibited during health insurance appeals - definition
5‑16‑110
Multiple debts
5‑16‑111
Legal actions by collection agencies
5‑16‑111.5
Fees, costs, and costs of collection - limitation
5‑16‑112
Deceptive forms
5‑16‑113
Civil liability
5‑16‑114
Administrative enforcement - rules
5‑16‑115
License - registration - unlawful acts
5‑16‑117
Powers and duties of the administrator
5‑16‑118
Collection agency license - required
5‑16‑119
Collection agency license - requirements - application - fee - expiration - definition
5‑16‑120
License - issuance - grounds for denial - appeal - contents
5‑16‑121
Collection agency license - renewals
5‑16‑122
Collection agency license - notification of change and reapplication requirements
5‑16‑123
Duties of collection agencies
5‑16‑124
Bond - definition
5‑16‑125
Unlawful acts
5‑16‑125.5
Statute of limitations - actions by administrator
5‑16‑126
Criminal penalties
5‑16‑127
Complaint - investigations - powers of administrator - sanctions
5‑16‑128
Debt collectors for the department of personnel - complaint - disciplinary procedures
5‑16‑129
Records
5‑16‑130
Jurisdiction of courts
5‑16‑131
Duty of district attorney
5‑16‑132
Remedies
5‑16‑133
Injunction - receiver
5‑16‑134
Disposition of fees and fines - repeal
5‑16‑134.5
Debts sold or resold after January 1, 2018
5‑16‑135
Repeal of article
Green check means up to date. Up to date

Current through Fall 2024

§ 5-16-108’s source at colorado​.gov