A Bill for an Act
Page 1, Line 101Concerning protections against deceptive pricing practices.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 2 of the bill:
- Prohibits a person from offering, displaying, or advertising pricing information for a good, service, or property unless the person discloses the maximum total (total price) of all amounts that a person may pay for the good, service, or property, not including a government charge or shipping charge (total price disclosure requirement);
- Prohibits a person from misrepresenting the nature and purpose of pricing information for a good, service, or property;
- Requires a person to disclose the nature and purpose of pricing information for a good, service, or property that is not part of the total price; and
- Prohibits a landlord from requiring a tenant to pay certain fees, charges, or amounts.
- Is a food and beverage service establishment that:
- Includes a disclosure in the total price for a good or service the amount of any mandatory service charge and how the mandatory service charge is distributed; and
- Distributes any mandatory service charge exclusively to nonmanagerial employees in accordance with applicable laws; or
- Can demonstrate that the person is governed by and compliant with applicable federal law regarding pricing transparency.
- 3 times the actual damages incurred; or
- At least $100 to no more than $1,000 per person per violation.
A person does not violate the total price disclosure requirement if the person does not use deceptive, unfair, and unconscionable acts or practices related to the pricing of goods, services, or property and if the person:
A violation of the above prohibitions and requirement (violation) constitutes a deceptive, unfair, and unconscionable act or practice.
Section 2 also, along with any other remedies available by law or in equity, allows a person aggrieved by a violation to bring a civil action and send a written demand for the violation. If a person declines to make full legal tender of all fees, charges, amounts, or damages demanded or refuses to cease charging the aggrieved person within 14 days after receiving the written demand, the person is liable for the greater of:
Current law prohibits a written rental agreement from including a provision requiring a tenant to pay a markup or fee for a service for which the landlord is billed by a third party. Section 3 changes that provision to prohibit the inclusion of a provision in a written rental agreement that requires a tenant to pay a fee that is a violation.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that the purposes and policies of this act are to:
Page 3, Line 1(a) Clarify and reiterate the law governing the setting and
Page 3, Line 2communication of prices in Colorado, including landlord obligations
Page 3, Line 3regarding setting and communicating the price of rent and other costs to residential tenants; and
Page 3, Line 4(b) Protect people, including tenants, who experience deceptive,
Page 3, Line 5unfair, or unconscionable pricing of goods, services, or property in the state.
Page 3, Line 6(2) Therefore, the general assembly further declares that this act
Page 3, Line 7should be broadly interpreted to achieve its intended purposes and policies.
Page 3, Line 8SECTION 2. In Colorado Revised Statutes, add 6-1-737 as follows:
Page 3, Line 96-1-737. Requirement to disclose certain pricing information
Page 3, Line 10- landlords and tenants - remedies - rules - definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 11(a) "Ancillary good, service, or property" means any
Page 3, Line 12additional good, service, or property offered to a person as part of the same transaction.
Page 3, Line 13(b) "Clearly and conspicuously" or "clear and
Page 3, Line 14conspicuous" means that a required disclosure is easily
Page 3, Line 15noticeable and understandable, including in all of the following ways:
Page 3, Line 16(I) For a communication that is only visual or only
Page 3, Line 17audible, the disclosure must be made through the same means by which the communication is presented;
Page 3, Line 18(II) For a communication that is both visual and audible,
Page 3, Line 19such as a television advertisement, the disclosure must be made
Page 4, Line 1simultaneously in both the visual and audible portions of the
Page 4, Line 2communication, even if the communication requiring the disclosure is made through only visual or audible means;
Page 4, Line 3(III) For a visual disclosure, the disclosure must be
Page 4, Line 4distinguishable by its size, contrast, and location; the length of
Page 4, Line 5time for which it appears; and other characteristics from
Page 4, Line 6accompanying text or other visual elements so that it is easily noticeable, readable, and understandable to ordinary persons;
Page 4, Line 7(IV) For an audible disclosure, including by telephone or
Page 4, Line 8streaming video, the disclosure must be delivered in a volume,
Page 4, Line 9speed, and cadence sufficient for ordinary persons to easily hear and understand it;
Page 4, Line 10(V) In any communication using an interactive electronic
Page 4, Line 11medium, such as the internet or software, the disclosure must be unavoidable;
Page 4, Line 12(VI) The disclosure uses diction and syntax
Page 4, Line 13understandable to ordinary persons and must appear in each
Page 4, Line 14language in which the representation requiring the disclosure appears;
Page 4, Line 15(VII) The disclosure must not be contradicted or
Page 4, Line 16mitigated by, or inconsistent with, anything else in the communication requiring the disclosure; and
Page 4, Line 17(VIII) The disclosure must comply with the requirements
Page 4, Line 18of this subsection (1)(b) for each medium through which it is
Page 4, Line 19received by a person, including an electronic device or face-to-face communication.
Page 4, Line 20(c) "Common areas" has the meaning set forth in section 38-12-502 (2).
Page 5, Line 1(d) (I) "Dwelling unit" has the meaning set forth in section 38-12-502 (3).
Page 5, Line 2(II) "Dwelling unit" does not include common areas.
(e) "Food and beverage service establishment" means:
Page 5, Line 3(I) A retail food establishment, as defined in section 25-4-1602 (14);
Page 5, Line 4(II) An alcoholic beverages drinking places industry, as defined in section 39-26-105 (1.3)(a)(I);
Page 5, Line 5(III) A brew pub, distillery pub, or vintner's restaurant, as those terms are defined in section 44-3-103; or
Page 5, Line 6(IV) A retail portion of a brewery, distillery, or winery,
Page 5, Line 7as those terms are defined in section 44-3-103, that sells beverages for consumption on the premises.
Page 5, Line 8(f) "Government charge" means a fee or charge imposed on
Page 5, Line 9consumers by a federal, state, or local government agency,
Page 5, Line 10unit, or department, including taxes or fees that are imposed by,
Page 5, Line 11paid to, or passed on to a government, including a local
Page 5, Line 12government entity or other unit of local government, or a
Page 5, Line 13political subdivision of the state, including a government-created special district.
Page 5, Line 14(g) "Landlord" has the meaning set forth in section 38-12-502 (5).
Page 5, Line 15(h) "Mandatory service charge" means a mandatory fee,
Page 5, Line 16charge, or amount that a food and beverage service establishment adds to a customer's, guest's, or patron's bill.
Page 5, Line 17(i) "Pricing information" means information relating to an amount a person may pay.
Page 6, Line 1(j) "Rental agreement" has the meaning set forth in section 38-12-502 (7).
Page 6, Line 2(k) "Shipping charge" means a fee or charge that reflects
Page 6, Line 3the actual cost that a person incurs to send physical goods to a person through the mail, including a private mail service.
Page 6, Line 4(l) "Tenant" has the meaning set forth in section 38-12-502 (9).
Page 6, Line 5(m) (I) "Total price" means the maximum total of all
Page 6, Line 6amounts, including fees and charges, that a person must pay for
Page 6, Line 7a good, service, or property, including any mandatory ancillary good, service, or property.
Page 6, Line 8(II) "Total price" includes all amounts that:
Page 6, Line 9(A) Must be paid to purchase, enjoy, or utilize a good, service, or property;or
Page 6, Line 10(B) A reasonable person would expect to be included inthe purchase of a good, service, or property.
Page 6, Line 11(III) "Total price" does not include a government charge or shipping charge.
Page 6, Line 12(2) (a) A person shall not offer, display, or advertise an
Page 6, Line 13amount a person may pay for a good, service, or property unless
Page 6, Line 14the person offering, displaying, or advertising the good, service,
Page 6, Line 15or property clearly and conspicuously discloses the total price
Page 6, Line 16for the good, service, or property as a single number without
Page 6, Line 17separating the total price into separate fees, charges, or
Page 6, Line 18amounts. The total price for the good, service, or property must
Page 6, Line 19be disclosed more prominently than any other pricing information for the good, service, or property.
Page 7, Line 1(b) Notwithstanding any provision of this section to the
Page 7, Line 2contrary, a person is compliant with subsections (2)(a) and (3)(b)
Page 7, Line 3of this section if the person does not use deceptive, unfair, and
Page 7, Line 4unconscionable acts or practices related to the pricing of goods, services, or property and if the person:
Page 7, Line 5(I) Is a food and beverage service establishment that, in
Page 7, Line 6every offer, display, or advertisement for the purchase of a
Page 7, Line 7good or service, includes with the price of the good or service
Page 7, Line 8offered, displayed, or advertised a clear and conspicuous
Page 7, Line 9disclosure of the percentage or amount of any mandatory
Page 7, Line 10service charge and an accurate description of how the mandatory service charge is distributed;
Page 7, Line 11(II) Can demonstrate that the person is governed by and
Page 7, Line 12compliant with applicable federal law, rule, or regulation
Page 7, Line 13regarding price transparency for the purposes of the transaction at issue, including, but not limited to:
Page 7, Line 14(A) The federal "Truth in Savings Act", 12 U.S.C. sec. 4301 et seq.;
Page 7, Line 15(B) The federal "Electronic Fund Transfer Act", 15 U.S.C. sec. 1693 et seq.;
Page 7, Line 16(C) Section 19 of the "Federal Reserve Act", 12 U.S.C. sec. 461 et seq., as amended;
Page 7, Line 17(D) The federal "Truth in Lending Act", 15 U.S.C. sec. 1601 et seq.;
Page 7, Line 18(E) The federal "Home Ownership and Equity Protection
Page 7, Line 19Act", 15 U.S.C. sec. 1639;
Page 8, Line 1(F) The federal "Investment Company Act of 1940", 15 U.S.C. 80a-1 et seq.;
Page 8, Line 2(G) The federal "Investment Advisers Act of 1940", 15 U.S.C. sec. 80b-1 et seq.; or
Page 8, Line 3(H) The federal regulation best interest regulation in 17
Page 8, Line 4CFR 240.15l-1 pursuant to the federal "Securities Exchange Act of 1934", 15 U.S.C. 78a et seq.;
Page 8, Line 5(III) Can demonstrate that any fees, costs, or amounts charged in addition to the total price were:
Page 8, Line 6(A) Associated with settlement services, as defined by the
Page 8, Line 7federal "Real Estate Settlement Procedures Act", 12 U.S.C. sec. 2602 (3); and
Page 8, Line 8(B) Not real estate broker commissions or fees;
Page 8, Line 9(IV) Can demonstrate that the person is providing
Page 8, Line 10broadband internet access service on their own or as part of a
Page 8, Line 11bundle, as defined in 47 CFR 8.1 (b), and is compliant with the
Page 8, Line 12broadband consumer label requirements adopted by the federal communications commission in FCC 22-86 on November 14, 2022; or
Page 8, Line 13(V) Can demonstrate that they are an air carrier
Page 8, Line 14providing transportation as defined and regulated by the
Page 8, Line 15federal "Aviation Act of 1958", Pub.L. 85-726, and pursuant to
Page 8, Line 16the federal "Airline Deregulation Act of 1978", 49 U.S.C. sec. 41712.
Page 8, Line 17(3) (a) A person shall not misrepresent the nature and
Page 8, Line 18purpose of pricing information for a good, service, or property, including:
Page 8, Line 19(I) The refundability of an amount charged;
Page 9, Line 1(II) The identity of a good, service, or property for which an amount is charged;
Page 9, Line 2(III) The recipient of an amount charged for the good, service, or property; and
Page 9, Line 3(IV) The actual price of the good, service, or property for which an amount is charged.
Page 9, Line 4(b) Upon offering, displaying, or advertising an amount a
Page 9, Line 5person may pay fora good, service, or property and before a
Page 9, Line 6person consents to pay for the good, service, or property, the
Page 9, Line 7person offering, displaying, or advertising the good, service, or
Page 9, Line 8property shall clearly and conspicuously disclose the nature
Page 9, Line 9and purpose of pricing information for the good, service, or
Page 9, Line 10property that is not part of the total price for the good, service, or property, including:
Page 9, Line 11(I) The refundability of an amount charged for the good, service, or property;
Page 9, Line 12(II) The identity of a good, service, or property for which an amount is charged; and
Page 9, Line 13(III) The recipient of an amount charged for the good, service, or property.
Page 9, Line 14(4) A landlord or the landlord's agent shall not require a tenant to pay a fee, charge, or amount:
Page 9, Line 15(a) Related to the provision of utilities that is above the
Page 9, Line 16amount charged by the utility provider for service to the
Page 9, Line 17tenant's dwelling unit, except in accordance with section 38-12-801 (3)(a)(VI);
Page 9, Line 18(b) That increases by more than two percent over the
Page 10, Line 1course of a rental agreement of one year or less, except for the cost of utilities provided to the tenant's dwelling unit;
Page 10, Line 2(c) Related to the payment of property taxes;
Page 10, Line 3(d) Related to the processing of rent or other payments
Page 10, Line 4if a means of payment that is cost-free to the tenant is not reasonably accessible by the tenant;
Page 10, Line 5(e) Related to the overdue payment of a fee, charge, or amount that is not rent;
Page 10, Line 6(f) For a good, service, or property necessary to comply
Page 10, Line 7with the responsibilities or obligations of a landlord or the
Page 10, Line 8landlord's agent, including the landlord's responsibility to
Page 10, Line 9provide a habitable living environment in accordance with section 38-12-503;
Page 10, Line 10(g) Above the total price of the good, service, or property
Page 10, Line 11for which an amount is charged, except as provided in section 38-12-801 (3)(a)(VI);
Page 10, Line 12(h) For a good, service, or property not actually provided;
Page 10, Line 13(i) For the maintenance of common areas; or
(j) That violates this section.
Page 10, Line 14(5) (a) A person that violates any of the requirements or
Page 10, Line 15prohibitions of this section engages in a deceptive, unfair, and unconscionable act or practice.
Page 10, Line 16(b) (I) In addition to any remedies otherwise provided by law or in equity:
Page 10, Line 17(A) A person aggrieved by a violation of this section may
Page 10, Line 18bring a civil action against the alleged violator to restrain
Page 11, Line 1further violations and to recover actual damages, costs, and reasonable attorney fees; and
Page 11, Line 2(B) Pursuant to a good faith belief that a violation of any
Page 11, Line 3provision of this section has occurred in a dispute between a
Page 11, Line 4landlord and a tenant over a residential property or a lessor
Page 11, Line 5and a lessee of a commercial property, a person aggrieved by a
Page 11, Line 6violation may send a written demand to the alleged violator
Page 11, Line 7for reimbursement of any fees, charges, or amounts in violation
Page 11, Line 8of this section paid by the aggrieved person or a group of
Page 11, Line 9similarly situated aggrieved persons, for the actual damages
Page 11, Line 10suffered, and for the alleged violator to cease violating this
Page 11, Line 11section. The aggrieved person may notify the alleged violator
Page 11, Line 12of their refusal to pay any fees, charges, or amounts that violate this section.
Page 11, Line 13(II) If an alleged violator declines to make full legal
Page 11, Line 14tender of all fees, charges, amounts, or actual damages
Page 11, Line 15demanded or refuses to cease charging the aggrieved person and
Page 11, Line 16those similarly situated the fees, charges, or amounts in
Page 11, Line 17violation of this section within fourteen days after the receipt
Page 11, Line 18of a written demand sent pursuant to subsection (5)(b)(I)(B) of
Page 11, Line 19this section, in addition to any other damages available by law
Page 11, Line 20or in equity, the person is liable for actual damages plus an
Page 11, Line 21interest rate of eighteen percent per annum compounded annually.
Page 11, Line 23(c) (I) A person aggrieved by a violation of this section
Page 11, Line 24does not need to send a written demand, or satisfy any other
Page 12, Line 1pre-suit requirement, before asserting a claim based on a violation of this section.
Page 12, Line 2(II) Nothing in this section limits remedies available elsewhere by law or in equity.
Page 12, Line 3(6) The attorney general may adopt rules to implement this section.
Page 12, Line 4SECTION 3. In Colorado Revised Statutes, 6-1-720, amend (1) introductory portion, as follows:
Page 12, Line 56-1-720. Ticket sales - deceptive trade practice - definitions.
Page 12, Line 6(1) Notwithstanding section 6-1-737, a person engages in a deceptive
Page 12, Line 7trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 12, Line 8SECTION 4. In Colorado Revised Statutes, 38-12-801, amend (3)(a)(VI) as follows:
Page 12, Line 938-12-801. Written rental agreement - prohibited clauses -
Page 12, Line 10copy - tenant - applicability - definitions. (3) (a) A written rental agreement must not include:
Page 12, Line 11(VI) A provision that requires a tenant to pay a:
Page 12, Line 12(A) Markup or fee for a service for which the landlord is billed by
Page 12, Line 13a third party; except that a written rental agreement may include a
Page 12, Line 14provision that requires a tenant to pay either a markup or fee in an amount
Page 12, Line 15that does not exceed two percent of the amount that the landlord was
Page 12, Line 16billed or a markup or fee in an amount that does not exceed a total of ten
Page 12, Line 17dollars per month, but not both. This subsection (3)(a)(VI) does not
Page 12, Line 18preclude a prevailing party from recovering an amount equal to any
Page 12, Line 19reasonable attorney fees awarded by a court pursuant to subsection
Page 12, Line 20(3)(a)(II) of this section; or
Page 13, Line 1(B) Fee, charge, or amount that violates any part of section 6-1-737;
Page 13, Line 2SECTION 5. Act subject to petition - effective date -
Page 13, Line 3applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 13, Line 4referendum petition is filed pursuant to section 1 (3) of article V of the
Page 13, Line 5state constitution against this act or an item, section, or part of this act
Page 13, Line 6within the ninety-day period after final adjournment of the general
Page 13, Line 7assembly, then the act, item, section, or part will not take effect unless
Page 13, Line 8approved by the people at the general election to be held in November
Page 13, Line 92026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 13, Line 10(2) This act applies to conduct occurring on or after the applicable effective date of this act.