A Bill for an Act
Page 1, Line 101Concerning consumer protections to promote fair market
Page 1, Line 102pricing practices in the state.
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.)
In 2025, the general assembly enacted House Bill 25-1090, which requires clear and conspicuous disclosures regarding the maximum total price charged for goods, services, and property. The bill adds a requirement that a person selling goods for delivery must disclose, at the point of sale, a comparison of the total price for the delivered goods and the total price for the goods available for purchase on site at a store.
The bill also prohibits a person from charging unreasonably excessive prices to a captive consumer and defines "captive consumer" as a consumer who is at a location at which a seller of ancillary goods or services does not have competitors regarding the ancillary goods or services being sold. A person that charges unreasonably excessive prices to a captive consumer engages in an unfair or deceptive trade practice in violation of the "Colorado Consumer Protection Act".
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:
Page 2, Line 4(a) At certain locations in the state, such as airports, event venues,
Page 2, Line 5and hospitals, there is not a competitive market for ancillary goods and
Page 2, Line 6services sold at those locations, and consumers at those locations are
Page 2, Line 7captive to a seller's prices because the consumers' only choice is to pay
Page 2, Line 8the price for an ancillary good or service or not purchase the good or
Page 2, Line 9service;
Page 2, Line 10(b) These "captive consumers" lack the ability to shop around for
Page 2, Line 11a better price for a good or service; and
Page 2, Line 12(c) While the existing prohibitions against unfair or deceptive
Page 2, Line 13trade practices under the "Colorado Consumer Protection Act" apply to
Page 2, Line 14excessive prices charged to captive consumers, a specific provision
Page 2, Line 15making it an unfair or deceptive trade practice to charge captive
Page 2, Line 16consumers with excessive prices should be added in the act to clarify the
Page 2, Line 17existing law.
Page 2, Line 18SECTION 2. In Colorado Revised Statutes, 6-1-737, amend
Page 2, Line 19(2)(c)(I); and add (1)(c.5), (1)(f.3), (1)(f.5), (1)(h.5), and (2)(c.5) as
Page 2, Line 20follows:
Page 2, Line 216-1-737. Requirement to disclose certain pricing information
Page 2, Line 22- delivery service platforms - landlords and tenants - remedies - rules
Page 3, Line 1- definitions.
Page 3, Line 2(1) As used in this section, unless the context otherwise requires:
Page 3, Line 3(c.5) "Delivery service platform" means an online
Page 3, Line 4application, an internet service, or other online system that a
Page 3, Line 5person uses to facilitate, manage, or facilitate and manage the
Page 3, Line 6delivery of goods or services.
Page 3, Line 7(f.3) "Grocery store" has the meaning set forth in section
Page 3, Line 825-4-1602 (5.5).
Page 3, Line 9(f.5) "In-store price" means the total price for a good that
Page 3, Line 10a consumer would pay on site at the store from which the good
Page 3, Line 11is being delivered.
Page 3, Line 12(h.5) "On-app price" means the total price for a good that
Page 3, Line 13is selected for purchase and delivery through a delivery service
Page 3, Line 14platform.
Page 3, Line 15(2) (c) (I) Notwithstanding any provision of this section to the
Page 3, Line 16contrary, a delivery network company
is compliantPage 3, Line 17subsections (2)(a) and (3)(b) of this section if the delivery network
Page 3, Line 18company does not use deceptive, unfair, and unconscionable acts or
Page 3, Line 19practices related to the pricing of goods, services, or property and:
Page 3, Line 20(A) Clearly and conspicuously discloses, at the point when a
Page 3, Line 21consumer views and selects a vendor or goods or services for purchase,
Page 3, Line 22that an additional flat fee, variable fee, or percentage fee is charged,
Page 3, Line 23including the amount of or, in the case of a variable fee that is dependent
Page 3, Line 24on consumer selections or distance and time, the factors determining the
Page 3, Line 25fee, any mandatory fees associated with the transaction, and that the total
Page 3, Line 26price of the services may vary;
Page 3, Line 27(B) Provides an accurate description of the recipients and
Page 4, Line 1purposes of the additional flat fee, variable fee, or percentage fee in
Page 4, Line 2concise language;
andPage 4, Line 3(C) With respect to goods, clearly and conspicuously
Page 4, Line 4discloses, at the point when the consumer views and selects a
Page 4, Line 5good for purchase, a comparison of the on-app price for the good
Page 4, Line 6and the in-store price for the good; and
Page 4, Line 7
(C)Page 4, Line 8services for purchase but before completing the transaction, a subtotal
Page 4, Line 9page that itemizes the price of the goods or services for purchase;
andPage 4, Line 10additional flat fee, variable fee, or percentage fee that is included in the
Page 4, Line 11total price; and, for goods purchased, a comparison of the
Page 4, Line 12cumulative on-app price for all goods selected for purchase and
Page 4, Line 13the cumulative in-store price for all goods selected for
Page 4, Line 14purchase.
Page 4, Line 15(c.5) Notwithstanding any provision of this section to the
Page 4, Line 16contrary, a person, including a grocery store, complies with
Page 4, Line 17subsections (2)(a) and (3)(b) of this section if the person does not
Page 4, Line 18use deceptive, unfair, and unconscionable acts or practices
Page 4, Line 19related to the pricing of goods and complies with subsections
Page 4, Line 20(2)(c)(I)(C) and (2)(c)(I)(D) of this section with respect to the
Page 4, Line 21person's delivery service platform.
Page 4, Line 22SECTION 3. In Colorado Revised Statutes, add 6-1-741 as
Page 4, Line 23follows:
Page 4, Line 246-1-741. Price gouging captive consumers prohibited -
Page 4, Line 25definitions - rules.
Page 4, Line 26(1) As used in this section, unless the context otherwise
Page 4, Line 27requires:
Page 5, Line 1(a) (I) "Captive consumer" means a consumer who is at a
Page 5, Line 2location in the state at which a seller of ancillary goods or
Page 5, Line 3services does not have competitors regarding the ancillary
Page 5, Line 4goods or services being sold.
Page 5, Line 5(II) "Captive consumer" includes a consumer located:
Page 5, Line 6(A) At an airport;
Page 5, Line 7(B) In a hospital or an emergency room;
Page 5, Line 8(C) At an event venue with a seating or standing capacity
Page 5, Line 9of two thousand or more individuals;
Page 5, Line 10(D) At an organized outdoor event, such as a fair or
Page 5, Line 11festival, for which more than two thousand attendees are
Page 5, Line 12expected; or
Page 5, Line 13(E) In a correctional facility.
Page 5, Line 14(b) "Captive consumer location" means a location at
Page 5, Line 15which captive consumers are present.
Page 5, Line 16(c) "Correctional facility" has the meaning set forth in
Page 5, Line 17section 24-4.1-302 (1.3).
Page 5, Line 18(2) (a) A person is presumed to be engaged in an unfair or
Page 5, Line 19deceptive trade practice if the person charges a captive
Page 5, Line 20consumer a price for an ancillary good or service that is more
Page 5, Line 21than the average price offered for a comparable good or service
Page 5, Line 22sold in the county in which the captive consumer purchases the
Page 5, Line 23ancillary good or service.
Page 5, Line 24(b) If the price of an ancillary good or service sold to a
Page 5, Line 25captive consumer exceeds the average price for comparable
Page 5, Line 26goods or services sold or offered for sale in the same county,
Page 5, Line 27the seller of the ancillary good or service may rebut the
Page 6, Line 1presumption that the seller engaged in an unfair or deceptive
Page 6, Line 2trade practice by demonstrating that the price of the ancillary
Page 6, Line 3good or service was not unreasonably excessive.
Page 6, Line 4(3) A violation of this section is an unfair or deceptive
Page 6, Line 5trade practice pursuant to section 6-1-105 (1)(qqqq) and is
Page 6, Line 6presumed to have a significant public impact.
Page 6, Line 7(4) The attorney general may adopt rules to implement
Page 6, Line 8this section, including rules to establish guidelines for
Page 6, Line 9determining what amounts to an unreasonably excessive price
Page 6, Line 10in circumstances involving sales to captive consumers.
Page 6, Line 11SECTION 4. In Colorado Revised Statutes, 6-1-105, add
Page 6, Line 12(1)(qqqq) as follows:
Page 6, Line 136-1-105. Unfair or deceptive trade practices - definitions.
Page 6, Line 14(1) A person engages in a deceptive trade practice when, in the
Page 6, Line 15course of the person's business, vocation, or occupation, the person:
Page 6, Line 16(qqqq) Violates section 6-1-741.
Page 6, Line 17SECTION 5. Act subject to petition - effective date -
Page 6, Line 18applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 6, Line 19the expiration of the ninety-day period after final adjournment of the
Page 6, Line 20general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 6, Line 212026); except that, if a referendum petition is filed pursuant to section 1
Page 6, Line 22(3) of article V of the state constitution against this act or an item, section,
Page 6, Line 23or part of this act within such period, then the act, item, section, or part
Page 6, Line 24will not take effect unless approved by the people at the general election
Page 6, Line 25to be held in November 2026 and, in such case, will take effect on the
Page 6, Line 26date of the official declaration of the vote thereon by the governor.
Page 7, Line 1(2) This act applies to conduct occurring on or after the applicable
Page 7, Line 2effective date of this act.