C.R.S. Section 5-19-235
Private enforcement

(a)

If an individual voids an agreement pursuant to section 5-19-225 (b), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subsections (c)(3) and (c)(4) of this section.

(b)

If an individual voids an agreement pursuant to section 5-19-225 (a), the individual may recover in a civil action three times the total amount of the fees, charges, money, and payments made by the individual to the provider, in addition to the recovery under subsection (c)(4) of this section.

(c)

Subject to subsection (d) of this section, an individual with respect to whom a provider violates this part 2 may recover in a civil action from the provider and any person that caused the violation:

(1)

Compensatory damages for injury, including noneconomic injury, caused by the violation;

(2)

Except as otherwise provided in subsection (d) of this section, with respect to a violation of section 5-19-217, 5-19-219 to 5-19-224, 5-19-227, or 5-19-228 (a), (b), or (d), the greater of the amount recoverable under subsection (c)(1) of this section or five thousand dollars;

(3)

Punitive damages; and

(4)

Reasonable attorney fees and costs.

(d)

In a class action, except for a violation of section 5-19-228 (a)(4), the minimum damages provided in subsection (c)(2) of this section do not apply.

(e)

In addition to the remedy available under subsection (c) of this section, if a provider violates an individual’s rights under section 5-19-220, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.

(f)

A provider is not liable under this section for a violation of this part 2 if the provider proves that the violation was not intentional and resulted from a good-faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider’s obligations under this part 2 is not a good-faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this part 2, the defense provided by this subsection (f) is not available unless the provider refunds the excess within two business days after learning of the violation.

(g)

The administrator shall assist an individual in enforcing a judgment against the surety bond or other security provided under section 5-19-213 or 5-19-214.

Source: Section 5-19-235 — Private enforcement, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑19‑101
Short title 5‑19‑102
Legislative declaration 5‑19‑103
Definitions 5‑19‑104
Prohibited acts 5‑19‑105
Written disclosure required 5‑19‑106
Content of written disclosure 5‑19‑107
Written contracts required 5‑19‑108
Waivers and exemptions 5‑19‑109
Criminal penalties and injunctive relief 5‑19‑110
Powers of administrator of the uniform consumer credit code and district attorney - subpoenas - hearings 5‑19‑111
Damages 5‑19‑112
Aiding or assisting violation 5‑19‑113
Remedies cumulative 5‑19‑114
Relation between parts of article 5‑19‑201
Short title 5‑19‑202
Definitions 5‑19‑203
Exempt agreements and persons 5‑19‑204
Registration required 5‑19‑205
Application for registration - form, fee, and accompanying documents - repeal 5‑19‑206
Application for registration - required information 5‑19‑206.5
Name-based judicial record check 5‑19‑206.7
Remote work authorized - definition 5‑19‑207
Application for registration - obligation to update information 5‑19‑208
Application for registration - public information 5‑19‑209
Certificate of registration - issuance or denial 5‑19‑210
Certificate of registration - timing 5‑19‑211
Renewal of registration 5‑19‑212
Registration in another state 5‑19‑213
Bond required 5‑19‑214
Bond required - substitute 5‑19‑215
Good faith requirement 5‑19‑216
Customer service 5‑19‑217
Prerequisites for providing debt-management services 5‑19‑218
Communication by electronic or other means - definitions 5‑19‑219
Form and contents of agreement 5‑19‑220
Cancellation of agreement - waiver 5‑19‑221
Required language 5‑19‑222
Trust account 5‑19‑223
Fees and other charges 5‑19‑224
Voluntary contributions 5‑19‑225
Voidable agreements 5‑19‑226
Termination of agreements 5‑19‑227
Periodic reports - retention of records 5‑19‑228
Prohibited acts and practices 5‑19‑229
Notice of litigation 5‑19‑230
Advertising 5‑19‑231
Liability for the conduct of other persons 5‑19‑232
Powers of administrator - rules 5‑19‑233
Administrative and legal remedies 5‑19‑234
Suspension, revocation, or nonrenewal of registration - definitions 5‑19‑235
Private enforcement 5‑19‑236
Violation of unfair or deceptive practices statute 5‑19‑237
Statute of limitations 5‑19‑238
Uniformity of application and construction 5‑19‑239
Relation to federal “Electronic Signatures in Global and National Commerce Act” 5‑19‑240
Transitional provisions - application to existing transactions 5‑19‑241
Severability 5‑19‑242
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 5-19-235’s source at colorado​.gov