C.R.S. Section 6-1-302
Definitions


As used in this part 3, unless the context otherwise requires:

(1)

“Commercial telephone seller” or “seller” means a person who, in the course of such person’s business, vocation, or occupation, on the person’s own behalf or on behalf of another person, causes or attempts to cause a commercial telephone solicitation to be made; except that “commercial telephone seller” or “seller” does not include the following:

(a)

A person offering or selling a security as defined in section 11-51-201 (17), C.R.S., if:

(I)

The security is either registered with the securities commissioner under section 11-51-303 or 11-51-304, C.R.S., exempt from registration under section 11-51-307, C.R.S., or the transaction in the security is exempt under section 11-51-308, C.R.S.; and

(II)

The person is licensed by the securities commissioner as a broker-dealer as defined in section 11-51-201 (2), C.R.S., unless expressly excluded from such definition, or as a sales representative as defined in section 11-51-201 (14), C.R.S., unless expressly excluded from such definition, or such person is exempted from licensing under section 11-51-402, C.R.S.;

(b)

Intentionally left blank —Ed.

(I)

A person soliciting the sale of any newspaper, magazine, or other periodical of general circulation if such sales constitute a majority of such person’s business and business revenues; or

(II)

A person soliciting the sale of any book, record, audio tape, compact disc, or video if the person allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund for the return of undamaged merchandise within thirty days or if the person solicits such sale on behalf of a membership club operating in conformity with 16 CFR 425;

(c)

A person making telephone calls to a residential customer for the sole purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose;

(d)

A paid solicitor or charitable organization that is required to and has complied with the registration, notice, and filing requirements of sections 6-16-104.6 and 6-16-104, respectively, or a person who is excluded from such notice and reporting requirements by section 6-16-103 (7);

(e)

A supervised financial organization, as defined in section 5-1-301 (45), C.R.S., and its employees, when acting within the scope of their employment;

(f)

A supervised lender, as defined in section 5-1-301 (46), C.R.S., and its employees, when acting within the scope of their employment;

(g)

A person selling insurance, as defined in section 10-1-102 (12), C.R.S., in compliance with the requirements of title 10, C.R.S.;

(h)

A person soliciting without the intent to complete and who does not in fact complete the sales transaction during the telephone solicitation or another telephone solicitation and who only completes the sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser, excluding a face-to-face meeting, the sole purpose of which is to collect the payment or deliver any item purchased, or a person soliciting a purchaser with whom the person has had a previous face-to-face meeting in the course of such person’s business;

(i)

Any governmental entity or employee thereof, acting in the employee’s official capacity;

(j)

A person soliciting telephone service, or licensed or franchised cable television service, which is billed and paid on a daily, weekly, or monthly basis and which can be canceled at any time without further obligation to the purchaser;

(k)

A person or an affiliate of a person whose business is regulated by the public utilities commission;

(l)

A person or an affiliate of a person whose business is regulated by the real estate commission;

(m)

A person whose conduct is within the exclusive jurisdiction of the federal commodity futures trading commission as granted under the federal “Commodity Exchange Act”, as amended;

(n)

A seller of food for immediate consumption when the sale to one purchaser does not exceed three hundred dollars;

(o)

A person who initially contacts the purchaser with a retail sales catalog requesting a telephone call response, when the person allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund for the return of undamaged merchandise within thirty days after receipt of the returned merchandise;

(p)

An issuer or a subsidiary of an issuer that has a class of securities which is subject to section 12 of the federal “Securities Exchange Act of 1934”, 15 U.S.C. sec. 78l, and which is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that section;

(q)

A person who has been operating for at least three years a retail business establishment in Colorado under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis, the majority of the seller’s business involves the purchaser receiving the seller’s goods and services at the seller’s business location;

(r)

A person who has conducted business for at least three years under the same name and in the same state and offers potential purchasers satisfaction guaranteed by the sending of the product or providing the service and the purchaser has an unqualified right to review and return or cancel for at least thirty days;

(s)

Any telephone marketing service company which provides telemarketing sales services under written contract to sellers and has been operating continuously for at least five years under the same business name and seventy-five percent or more of its services are performed on behalf of sellers exempt from this section. Nothing in this paragraph (s) shall be construed to exempt any seller that contracts with a telephone marketing service company for telemarketing sales services from the requirements set forth in section 6-1-303 or from the prohibitions set forth in section 6-1-304.

(t)

A person soliciting business solely from business purchasers who have previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling.

(2)

“Commercial telephone solicitation” means:

(a)

Unsolicited telephone calls to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine with or without a recorded message device, for the purpose of inducing the person to purchase or invest in goods, services, or property or offering an extension of credit; or

(b)

Any other communication by a commercial telephone seller in which:

(I)

A gift, award, or prize is offered and a telephone call response from the intended purchaser is invited; or

(II)

A loan, credit card, or other extension of credit is offered to a purchaser who has not previously purchased from the person initiating the communication, and a telephone call response from the intended purchaser is invited; or

(III)

A sale is to be completed or an agreement to purchase is to be entered into during the course of the telephone call response; or

(c)

Any other communication by a commercial telephone seller which includes representations about the price, quality, or availability of goods, services, or property and which invites a response by telephone, including pay-per-call service calls, or which is followed by a telephone call to the intended purchaser by a salesperson.

(3)

“Pay-per-call” means the use of a telephone number with a 900 prefix or any other prefix under which liability for the service or product provided attaches to the telephone bill of the individual calling such number.

(4)

“Principal” means an owner, an officer of a corporation, a general partner of a partnership, the sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person.

(5)

“Purchaser” means a person who receives or responds to a commercial telephone solicitation.

(6)

“Salesperson” means any person employed or authorized by a commercial telephone seller to cause or attempt to cause a commercial telephone solicitation to be made.

(7)

“Telephone sales transaction” means any payment of money by a purchaser in exchange for the promise of goods, services, property, or an extension of credit by a commercial telephone seller and includes all communications which precede such payment of money.

Source: Section 6-1-302 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-06.­pdf (accessed Oct. 20, 2023).

6‑1‑101
Short title
6‑1‑102
Definitions
6‑1‑103
Attorney general and district attorneys concurrently responsible for enforcement
6‑1‑104
Cooperative reporting
6‑1‑105
Unfair or deceptive trade practices
6‑1‑106
Exclusions
6‑1‑107
Powers of attorney general and district attorneys
6‑1‑108
Subpoenas - hearings - rules
6‑1‑109
Remedies
6‑1‑110
Restraining orders - injunctions - assurances of discontinuance
6‑1‑111
Information and evidence confidential and inadmissible - when
6‑1‑112
Civil penalties
6‑1‑113
Civil actions - damages - other relief - class actions
6‑1‑114
Criminal penalties
6‑1‑115
Limitations
6‑1‑116
Investigation of unfair business practices by regulated persons - district attorney requests for records from licensing authorities - interagency agreements with attorney general - legislative declaration - definitions
6‑1‑201
Definitions
6‑1‑202
Prohibited act
6‑1‑203
Collision damage waiver form - requirements - failure to comply
6‑1‑204
Prohibited exclusion
6‑1‑205
Information to be disclosed in advertisements for rental agreements for rental motor vehicles
6‑1‑206
Additional mandatory charges - required disclosures - definitions
6‑1‑207
Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions
6‑1‑301
Legislative declaration
6‑1‑302
Definitions
6‑1‑303
Registration of commercial telephone sellers
6‑1‑304
Unlawful telemarketing practices
6‑1‑305
Penalties
6‑1‑401
Legislative intent
6‑1‑402
Definitions
6‑1‑403
Express warranty required - authorized servicers
6‑1‑404
Remedies
6‑1‑405
Remedies for consumers of purchased wheelchairs - conditions
6‑1‑406
Remedies for consumers of leased wheelchairs - conditions
6‑1‑407
Resale of a returned wheelchair - disclosure required
6‑1‑408
Other remedies - waiver of rights void
6‑1‑409
Fraudulent acts
6‑1‑410
Arbitration
6‑1‑411
Defect notification
6‑1‑412
Disclosures
6‑1‑501
Definitions
6‑1‑502
Express warranty required - authorized servicers
6‑1‑503
Remedies
6‑1‑504
Remedies for consumers of purchased facilitative devices - conditions
6‑1‑505
Remedies for consumers of leased facilitative devices - conditions
6‑1‑506
Resale of a returned facilitative device - disclosure required
6‑1‑507
Other remedies - waiver of rights void - limitation of coverage
6‑1‑508
Fraudulent acts
6‑1‑509
Arbitration
6‑1‑510
Defect notification
6‑1‑511
Disclosures
6‑1‑701
Dispensing hearing aids - deceptive trade practices - definitions
6‑1‑702
Unsolicited facsimiles - deceptive trade practice - definitions
6‑1‑702.5
Commercial electronic mail messages - deceptive trade practice - remedies - definitions - short title - legislative declaration
6‑1‑703
Time shares and resale time shares - deceptive trade practices
6‑1‑703.5
Time share resale transfer agreements - deceptive trade practices
6‑1‑704
Health clubs - deceptive trade practices
6‑1‑705
Dance studios - deceptive trade practices
6‑1‑706
Buyers’ clubs - deceptive trade practices
6‑1‑707
Use of title or degree - deceptive trade practice
6‑1‑708
Vehicle sales and leases - deceptive trade practice - definition
6‑1‑709
Sales of manufactured and tiny homes - deceptive trade practices
6‑1‑710
Trafficking of false airbag - deceptive trade practices - criminal liability - definitions
6‑1‑711
Restrictions on credit card receipts - legislative declaration - application - definitions
6‑1‑712
Discount health plan and cards - deceptive trade practices - definitions
6‑1‑713
Disposal of personal identifying information - policy - definitions
6‑1‑713.5
Protection of personal identifying information - definition
6‑1‑714
Unfair drug pricing practice - deceptive trade practice - definitions
6‑1‑715
Confidentiality of social security numbers
6‑1‑716
Notification of security breach
6‑1‑717
Influencing a real estate appraisal - deceptive trade practice
6‑1‑718
Ticket sales and resales - prohibitions - unlawful conditions - definitions
6‑1‑719
Truth in music advertising
6‑1‑720
Online event ticket sales - deceptive trade practice - definitions
6‑1‑721
Like-kind exchanges by exchange facilitators - deceptive trade practice - definitions
6‑1‑722
Gift certificates - validity - exemptions - definitions
6‑1‑723
Cathinone bath salts - deceptive trade practice
6‑1‑724
Unlicensed alternative health-care practitioners - deceptive trade practices - short title - legislative declaration - definitions
6‑1‑725
Synthetic cannabinoids - incense - deceptive trade practice
6‑1‑726
Sale of public services - deceptive trade practice - definition
6‑1‑727
Immigration-related services provided by nonattorneys - deceptive trade practice - definitions
6‑1‑728
Solicitation of fee for a deed or deed of trust - definitions
6‑1‑729
Assisted living residence referral - disclosures - penalty - fine - definitions
6‑1‑730
Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions
6‑1‑731
Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions
6‑1‑732
Automatic renewal contracts - unlawful acts - required disclosures - right to cancel - trial period offers - exemptions - definitions
6‑1‑733
Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - definition
6‑1‑734
Access to abortion services and emergency contraception - deceptive trade practice - definitions
6‑1‑801
Legislative finding, declaration, and intent
6‑1‑802
Definitions
6‑1‑803
Prohibited practices and required disclosures
6‑1‑804
Exemptions
6‑1‑901
Short title
6‑1‑902
Legislative declaration
6‑1‑903
Definitions
6‑1‑904
Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally
6‑1‑905
Establishment and operation of a Colorado no-call list
6‑1‑906
Enforcement - penalties - defenses
6‑1‑907
Acceptance of gifts, grants, and donations
6‑1‑908
Severability
6‑1‑1001
Restrictions on use of loan information for solicitations - definition
6‑1‑1101
Short title
6‑1‑1102
Legislative declaration
6‑1‑1103
Definitions
6‑1‑1104
Foreclosure consulting contract
6‑1‑1105
Right of cancellation
6‑1‑1106
Waiver of rights - void
6‑1‑1107
Prohibited acts
6‑1‑1108
Criminal penalties
6‑1‑1109
Unconscionability
6‑1‑1110
Language
6‑1‑1111
Written contract required
6‑1‑1112
Written contract - contents - notice
6‑1‑1113
Cancellation
6‑1‑1114
Notice of cancellation
6‑1‑1115
Options through reconveyances
6‑1‑1116
Waiver of rights - void
6‑1‑1117
Prohibited conduct
6‑1‑1118
Criminal penalties
6‑1‑1119
Unconscionability
6‑1‑1120
Language
6‑1‑1121
Short sales - subsequent purchaser - definition
6‑1‑1201
Short title
6‑1‑1202
Definitions
6‑1‑1203
Insurance coverage during car sharing period
6‑1‑1204
Notification of implications of lien
6‑1‑1205
Liability - exclusions for personal automobile liability insurance policy - indemnification
6‑1‑1206
Prohibition on exclusion of coverage for car sharing
6‑1‑1207
Record keeping
6‑1‑1208
Federal law - vicarious liability
6‑1‑1209
Insurable interest
6‑1‑1210
Required disclosures and notices
6‑1‑1211
Driver’s license verification and data retention
6‑1‑1212
Shared car equipment
6‑1‑1213
Safety recalls
6‑1‑1214
Enabling operation at airport
6‑1‑1301
Short title
6‑1‑1302
Legislative declaration
6‑1‑1303
Definitions
6‑1‑1304
Applicability of part
6‑1‑1305
Responsibility according to role
6‑1‑1306
Consumer personal data rights - repeal
6‑1‑1307
Processing de-identified data
6‑1‑1308
Duties of controllers
6‑1‑1309
Data protection assessments - attorney general access and evaluation - definition
6‑1‑1310
Liability
6‑1‑1311
Enforcement - penalties - repeal
6‑1‑1312
Preemption - local governments
6‑1‑1313
Rules - opt-out mechanism
6‑1‑1401
Definitions
6‑1‑1402
Disclosure of information by online marketplaces to inform consumers
6‑1‑1403
Enforcement
6‑1‑1404
Preemption
6‑1‑1501
Short title
6‑1‑1502
Definitions
6‑1‑1503
Powered wheelchair manufacturer obligations regarding services - exemptions
6‑1‑1504
Limitations
6‑1‑1505
Federal legislation on right to repair agricultural equipment - repeal - notice to revisor
Green check means up to date. Up to date

Current through Fall 2024

§ 6-1-302’s source at colorado​.gov