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Colorado Revised Statutes Title 6. Consumer and Commercial Affairs § 6-27-206. Enforcement

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Not fewer than forty-five days before bringing an action under subsection (3) of this section, the attorney general must notify in writing the person alleged to be in violation of this part 2. A court shall dismiss, without prejudice, an action until the attorney general has complied with this subsection (1). The notice must contain:

(a) Each specific provision of this part 2 that is alleged to have been violated; and

(b) The acts or omissions that are alleged to have violated each provision described in subsection (1)(a) of this section.

(2) The attorney general shall not bring an action under this section if the person that receives the notice described in subsection (1) of this section:

(a) Cures the described violation within thirty days after receiving the notice;

(b) Provides the attorney general a written statement, made under penalty of perjury, that the person has:

(I) Cured the violation; and

(II) Made any necessary changes to the person's internal policies to prevent future violations of this section; and

(c) Provides any necessary supporting documentation that shows how the violation was cured.

(3) A person that violates this part 2 and does not cure the violation in accordance with subsections (2)(a) to (2)(c) of this section is subject to the following and the attorney general may file an action seeking:

(a) A civil penalty of up to ten thousand dollars for each violation; or

(b) An injunction or equitable relief that prevents a further violation of this part 2.

(4) If the attorney general prevails in an action brought pursuant to this part 2, a court may issue an order requiring the violator to pay reasonable attorney fees and costs incurred in bringing the action.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 6. Consumer and Commercial Affairs § 6-27-206. Enforcement - last updated January 01, 2025 | https://codes.findlaw.com/co/title-6-consumer-and-commercial-affairs/co-rev-st-sect-6-27-206/

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