A Bill for an Act
Page 1, Line 101Concerning protections for victims of economic abuse.
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.)
Sections 2 and 5 of the bill require a creditor, debt collector, or debt collection agency to cease collection of a debt or any disputed portion of a debt if a consumer notifies the creditor, debt collector, or collection agency in writing that the debt or a portion of the debt is the result of economic abuse or coerced debt and provides a written statement of coerced debt and sufficient documentation to the creditor, debt collector, or collection agency until the debt collector or collection agency obtains a decree, judgment, or court order finding the debt was not the result of economic abuse or coerced debt.
Sections 3 and 4 prohibit a debt collector or debt collection agency from collecting or attempting to collect any debt that is the result of economic abuse or coerced debt unless the debt collector or debt collection agency first obtains a decree, judgment, or court order finding the debt was not the result of economic abuse or coerced debt.
Current law requires a consumer reporting agency to reinvestigate a disputed item in the consumer's file free of charge. Sections 6 and 7 authorize a consumer reporting agency to reinvestigate an item that the consumer asserts is the result of economic abuse or coerced debt.
Section 8 adds economic abuse and coerced debt to the definition of "coercion" as it relates to civil protection orders issued in cases of domestic violence.
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 finds that:
Page 2, Line 3(a) Economic abuse is a serious issue impacting vulnerable
Page 2, Line 4populations. Economic abuse occurs in 98% of abusive relationships and
Page 2, Line 5is the number one reason victims of abuse stay in or return to abusive relationships.
Page 2, Line 6(b) Coerced debt is a form of economic abuse and an avenue for
Page 2, Line 7abusers to limit the economic independence of an individual. Coerced
Page 2, Line 8debt occurs when an abuser utilizes coercive control to incur debt in the
Page 2, Line 9name of an individual. Coerced debt can occur through threat, force, or
Page 2, Line 10fraud in the context of domestic abuse, which can be physical, emotional, or financial.
Page 2, Line 11(c) Though the term "coerced debt" was originally observed in the
Page 2, Line 12context of domestic violence, the same dynamic exists within other
Page 2, Line 13vulnerable populations such as the elderly, foster youth, and victims of
Page 2, Line 14human trafficking. In cases of elder abuse, family members, caretakers,
Page 2, Line 15and other trusted individuals use the dynamic of power and control to
Page 3, Line 1obtain credit without the elder's consent, or by coercing or misleading the elder to obtain credit.
Page 3, Line 2(d) Perpetrators of human trafficking use coerced debt as a form
Page 3, Line 3of control to exploit and trap victims into engaging in unwanted, unlawful
Page 3, Line 4acts and labor. The traffickers may obtain credit in the victim's name without the victim's knowledge or force the victim to obtain credit.
Page 3, Line 5(e) The debt and poor credit score resulting from economic abuse
Page 3, Line 6more broadly and coerced debt more specifically can have long-term
Page 3, Line 7consequences, creating barriers to education, housing, and employment opportunities; and
Page 3, Line 8(f) Coerced debt can subject an individual to ruined credit, substantial payment expectations, debt collection, and even bankruptcy.
Page 3, Line 9(2) Therefore, the general assembly declares it is necessary to
Page 3, Line 10provide protections and remedies for victims of economic abuse or coerced debt.
Page 3, Line 11SECTION 2. In Colorado Revised Statutes, add 5-3-306 as follows:
Page 3, Line 125-3-306. Validation of debts - economic abuse and coerced
Page 3, Line 13debt - definitions. (1) If a consumer notifies a creditor in writing
Page 3, Line 14that a consumer credit transaction, or any portion of a
Page 3, Line 15consumer credit transaction, is the result of economic abuse or
Page 3, Line 16coerced debt and provides a written statement of coerced debt
Page 3, Line 17and sufficient documentation to the creditor, the creditor
Page 3, Line 18shall cease collection of the consumer credit transaction or
Page 3, Line 19the disputed portion of the transaction until the creditor
Page 3, Line 20obtains a decree, judgment, or court order finding the
Page 3, Line 21transaction was not the result of economic abuse or coerced debt.
Page 4, Line 1(2) The consumer establishes a prima facie case that the
Page 4, Line 2consumer credit transaction is a result of economic abuse or
Page 4, Line 3coerced debt by providing a written statement of coerced debt
Page 4, Line 4and sufficient documentation to the creditor. If the creditor
Page 4, Line 5has a good faith basis to believe that the consumer credit
Page 4, Line 6transaction is not the result of economic abuse or coerced debt
Page 4, Line 7or that the consumer's claim is fraudulent, the creditor may file
Page 4, Line 8suit in a court of competent jurisdiction to seek a decree,
Page 4, Line 9judgment, or court order declaring that the consumer credit
Page 4, Line 10transaction is not the result of economic abuse or coerced debt.
Page 4, Line 11The creditor has the burden to prove the consumer credit
Page 4, Line 12transaction is not the result of economic abuse or coerced debt
Page 4, Line 13or that the consumer's claim of economic abuse or coerced debt is fraudulent by a preponderance of the evidence.
Page 4, Line 14(3) (a) A creditor may use all legal rights and remedies to
Page 4, Line 15collect the debt that is the result of economic abuse or coerced
Page 4, Line 16debt from the perpetrator who caused or is alleged to have
Page 4, Line 17caused the economic abuse or coerced debt to be incurred by the consumer.
Page 4, Line 18(b) The perpetrator who caused or is alleged to have
Page 4, Line 19caused the economic abuse or coerced debt does not have a
Page 4, Line 20private right of action or remedy against the creditor for
Page 4, Line 21pursuing the perpetrator for the debt if the creditor has first
Page 4, Line 22secured a decree, judgment, or court order finding the debt was the result of economic abuse or coerced debt.
Page 4, Line 23(4) As used in this section, unless the context otherwise requires:
Page 5, Line 1(a) "Coerced debt" means a debt or a portion of a debt
Page 5, Line 2that was incurred through fraud, duress, intimidation, threat,
Page 5, Line 3force, coercion, manipulation, undue influence, misinformation,
Page 5, Line 4or the nonconsensual use of the debtor's personal identifying
Page 5, Line 5information within the context of domestic violence, as defined
Page 5, Line 6in section 13-14-101, or human trafficking for involuntary or
Page 5, Line 7sexual servitude, as described in section 18-3-503 or 18-3-504, or abuse of an at-risk elder, as described in section 18-6.5-102.
Page 5, Line 8(b) "Economic abuse" means a behavior that is coercive,
Page 5, Line 9deceptive, or manipulative, or restrains, sabotages, or
Page 5, Line 10unreasonably controls a person's ability to acquire, use, or
Page 5, Line 11maintain economic resources that the person is entitled to,
Page 5, Line 12including using coercion, threat of harm, force, fraud, or manipulation to:
Page 5, Line 13(I) Restrict a person's access to money, assets, credit, or financial information;
Page 5, Line 14(II) Steal or unfairly use a person's economic resources, including money, assets, and credit;
Page 5, Line 15(III) Use a person's credit or property without authorization;
Page 5, Line 16(IV) Prevent a person from leaving the person's residence to attend school or employment;
Page 5, Line 17(V) Exploit the person's resources for the perpetrator's personal gain;
Page 5, Line 18(VI) Withhold individual resources from a person, such as
Page 5, Line 19food, clothing, necessary medications, or shelter;
Page 6, Line 1(VII) Cause or attempt to cause a person to be financially
Page 6, Line 2dependent by maintaining control over the person's financial resources; or
Page 6, Line 3(VIII) Exert undue influence over a person's financial
Page 6, Line 4behavior or decisions, including forcing default on joint or
Page 6, Line 5other financial obligations; exploiting powers of attorney,
Page 6, Line 6guardianship, or conservatorship; or threatening to expose a
Page 6, Line 7person's suspected citizenship or immigration status or the
Page 6, Line 8suspected citizenship or immigration status of a person's family member to a federal, state, or local agency.
Page 6, Line 9(c) "Qualified third party" means a person who is unrelated to the consumer and who is:
Page 6, Line 10(I) A law enforcement officer;
Page 6, Line 11(II) A physician, physician assistant, psychiatrist,
Page 6, Line 12psychologist, social worker, nurse, therapist, or clinical professional counselor who is licensed to practice in Colorado;
Page 6, Line 13(III) A victim's advocate, as described in section 13-90-107; or
Page 6, Line 14(IV) A member of the clergy of a church, religious society, or denomination.
Page 6, Line 15(d) (I) "Statement of coerced debt" means a sworn
Page 6, Line 16statement or unsworn declaration that complies with the
Page 6, Line 17requirements of section 13-27-106 made by a consumer to a creditor in writing that conveys:
Page 6, Line 18(A) Enough information about the debt or a portion of the
Page 6, Line 19debt to allow the creditor to identify the account and amount
Page 6, Line 20associated with the debt;
Page 7, Line 1(B) That the consumer did not willingly authorize the use
Page 7, Line 2of the consumer's name, account, or personal information for
Page 7, Line 3incurring the debt or a portion of the debt, or a claim that a
Page 7, Line 4debt or a portion of the debt is a result of economic abuse or coerced debt;
Page 7, Line 5(C) Whether the consumer knows how the debt was
Page 7, Line 6incurred and, if so, facts describing how the debt was incurred;
Page 7, Line 7(D) Whether the consumer knows the identity of the
Page 7, Line 8perpetrator who caused or who is alleged to have caused the
Page 7, Line 9economic abuse or coerced debt and, if so, the person's name and
Page 7, Line 10contact information to the extent the consumer has access to or knows the information; and
Page 7, Line 11(E) The consumer's preferred contact information,
Page 7, Line 12including the consumer's phone number, email address, and
Page 7, Line 13physical address or safe address for either the consumer or a
Page 7, Line 14third party whom the consumer designates to receive information about the coerced debt.
Page 7, Line 15(II) Notwithstanding any other provision of law
Page 7, Line 16governing how a creditor communicates with, or provides
Page 7, Line 17specific information to, a consumer or co-borrower, in
Page 7, Line 18connection with any communication related to a statement of coerced debt, the creditor:
Page 7, Line 19(A) Shall contact the consumer using only the contact
Page 7, Line 20information the consumer provided in the statement of coerced
Page 7, Line 21debt and shall not use any other contact information, unless otherwise directed by a court;
Page 7, Line 22(B) Shall not disclose the contact information the
Page 8, Line 1consumer provided in the statement of coerced debt to any
Page 8, Line 2other person including, but not limited to, the perpetrator who
Page 8, Line 3caused or who is alleged to have caused the economic abuse or
Page 8, Line 4coerced debt or any joint account holders, without first
Page 8, Line 5obtaining a court order or the consumer's express written authorization; and
Page 8, Line 6(C) May request that the consumer provide the identity
Page 8, Line 7of the perpetrator who caused or who is alleged to have caused
Page 8, Line 8the economic abuse or coerced debt, if known, and the contact information for the person, if known.
Page 8, Line 9(e) "Sufficient documentation" means any of the following documents:
Page 8, Line 10(I) A police report that identifies the economic abuse or
Page 8, Line 11coerced debt, or a portion of the economic abuse or coerced
Page 8, Line 12debt; identifies the name of the creditor and, if applicable, the
Page 8, Line 13name of the creditor's billing or servicing agent; and describes
Page 8, Line 14the circumstances under which the economic abuse or coerced debt was incurred;
Page 8, Line 16(II) A court order setting forth findings of economic
Page 8, Line 17abuse or coerced debt, including the name of the creditor and
Page 8, Line 18the debt or portion of the debt that resulted from the economic abuse or coerced debt;
Page 8, Line 19(III) An unsworn declaration that complies with the
Page 8, Line 20requirements in section 13-27-106 or a sworn statement from a
Page 8, Line 21qualified third party to whom the consumer reported the
Page 8, Line 22economic abuse or coerced debt that includes the following:
Page 9, Line 1(A) Information identifying that the party is a qualified third party;
Page 9, Line 2(B) The letterhead, address, and phone number of the
Page 9, Line 3qualified third party's employer, including if the qualified third
Page 9, Line 4party is self-employed, and the name of the licensing entity if the qualified third party is a licensed professional; and
Page 9, Line 5(C) Information identifying the economic abuse or
Page 9, Line 6coerced debt, or a portion of the debt, and describing the
Page 9, Line 7circumstances under which the economic abuse or coerced debt was incurred;
Page 9, Line 8(IV) A document stating whether the consumer knows the
Page 9, Line 9identity of the perpetrator who caused or who is alleged to
Page 9, Line 10have caused the economic abuse or coerced debt and, if so, the
Page 9, Line 11person's name and contact information to the extent the consumer has access to or knows the information; and
Page 9, Line 12(V) Any other document that demonstrates the consumer
Page 9, Line 13was subject to economic abuse or coerced debt and that supports a statement of economic abuse or coerced debt.
Page 9, Line 14SECTION 3. In Colorado Revised Statutes, 5-16-103, add (2.5), (9.5), (12.5), (15), and (16) as follows:
Page 9, Line 155-16-103. Definitions. As used in this article 16, unless the context otherwise requires:
Page 9, Line 16(2.5) "Coerced debt" means a debt or a portion of a debt
Page 9, Line 17that was incurred through fraud, duress, intimidation, threat,
Page 9, Line 18force, coercion, manipulation, undue influence, misinformation,
Page 9, Line 19or the nonconsensual use of the debtor's personal identifying
Page 9, Line 20information within the context of domestic violence, as defined
Page 10, Line 1in section 13-14-101, or human trafficking for involuntary or
Page 10, Line 2sexual servitude, as described in section 18-3-503 or 18-3-504, or abuse of an at-risk elder, as described in section 18-6.5-102.
Page 10, Line 3(9.5) "Economic abuse" means a behavior that is coercive,
Page 10, Line 4deceptive, or manipulative, or restrains, sabotages, or
Page 10, Line 5unreasonably controls a person's ability to acquire, use, or
Page 10, Line 6maintain economic resources that the person is entitled to,
Page 10, Line 7including using coercion, threat of harm, force, fraud, or manipulation to:
Page 10, Line 8(a) Restrict a person's access to money, assets, credit, or financial information;
Page 10, Line 9(b) Steal or unfairly use a person's economic resources, including money, assets, and credit;
Page 10, Line 10(c) Use a person's credit or property without authorization;
Page 10, Line 11(d) Prevent a person from leaving the person's residence to attend school or employment;
Page 10, Line 12(e) Exploit the person's resources for the perpetrator's personal gain;
Page 10, Line 13(f) Withhold individual resources from a person, such as food, clothing, necessary medications, or shelter;
Page 10, Line 14(g) Cause or attempt to cause a person to be financially
Page 10, Line 15dependent by maintaining control over the person's financial resources; or
Page 10, Line 16(h) Exert undue influence over a person's financial
Page 10, Line 17behavior or decisions, including forcing default on joint or
Page 10, Line 18other financial obligations; exploiting powers of attorney,
Page 11, Line 1guardianship, or conservatorship; or threatening to expose a
Page 11, Line 2person's suspected citizenship or immigration status or the
Page 11, Line 3suspected citizenship or immigration status of a person's family member to a federal, state, or local agency.
Page 11, Line 4(12.5) "Qualified third party" means a person who is unrelated to the consumer and who is:
Page 11, Line 5(a) A law enforcement officer;
Page 11, Line 6(b) A physician, physician assistant, psychiatrist,
Page 11, Line 7psychologist, social worker, nurse, therapist, or clinical professional counselor who is licensed to practice in Colorado;
Page 11, Line 8(c) A victim's advocate, as described in section 13-90-107; or
Page 11, Line 9(d) A member of the clergy of a church, religious society, or denomination.
Page 11, Line 10(15) (a) "Statement of coerced debt" means a sworn
Page 11, Line 11statement or an unsworn declaration that complies with the
Page 11, Line 12requirements of section 13-27-106 made by a consumer to a debt collector or collection agency in writing that conveys:
Page 11, Line 13(I) Enough information about the debt or a portion of the
Page 11, Line 14debt to allow the debt collector or collection agency to identify the account and amount associated with the debt;
Page 11, Line 15(II) That the consumer did not willingly authorize the use
Page 11, Line 16of the consumer's name, account, or personal information for
Page 11, Line 17incurring the debt or a portion of the debt, or a claim that a
Page 11, Line 18debt or a portion of the debt is a result of economic abuse or coerced debt;
Page 11, Line 19(III) Whether the consumer knows how the debt was incurred and, if so, facts describing how the debt was incurred;
Page 12, Line 1(IV) Whether the consumer knows the identity of the
Page 12, Line 2perpetrator who caused or who is alleged to have caused the
Page 12, Line 3economic abuse or coerced debt and, if so, the person's name and
Page 12, Line 4contact information to the extent the consumer has access to or knows the information; and
Page 12, Line 5(V) The consumer's preferred contact information,
Page 12, Line 6including the consumer's phone number, email address, and
Page 12, Line 7physical address or safe address for either the consumer or a
Page 12, Line 8third party whom the consumer designates to receive information about the coerced debt.
Page 12, Line 9(b) Notwithstanding any other provision of law
Page 12, Line 10governing how a debt collector or collection agency
Page 12, Line 11communicates with, or provides specific information to, a
Page 12, Line 12consumer or co-borrower, in connection with any
Page 12, Line 13communication related to a statement of coerced debt, the debt collector or collection agency:
Page 12, Line 14(I) Shall contact the consumer using only the contact
Page 12, Line 15information the consumer provided in the statement of coerced
Page 12, Line 16debt and shall not use any other contact information, unless otherwise directed by a court;
Page 12, Line 17(II) Shall not disclose the contact information the
Page 12, Line 18consumer provided in the statement of coerced debt to any
Page 12, Line 19other person including, but not limited to, the perpetrator who
Page 12, Line 20caused or who is alleged to have caused the economic abuse or
Page 12, Line 21coerced debt or any joint account holders, without first
Page 12, Line 22obtaining a court order or the consumer's express written authorization; and
Page 13, Line 1(III) May request that the consumer provide the identity
Page 13, Line 2of the perpetrator who caused or who is alleged to have caused
Page 13, Line 3the economic abuse or coerced debt, if known, and the contact information for the person, if known.
Page 13, Line 4(16) "Sufficient documentation" means any of the following documents:
Page 13, Line 5(a) A police report that identifies the economic abuse or
Page 13, Line 6coerced debt, or a portion of the economic abuse or coerced
Page 13, Line 7debt; identifies the name of the creditor and, if applicable, the
Page 13, Line 8name of the creditor's billing or servicing agent; and describes
Page 13, Line 9the circumstances under which the economic abuse or coerced debt was incurred;
Page 13, Line 11(b) A court order setting forth findings of economic abuse
Page 13, Line 12or coerced debt, including the name of the creditor and the debt
Page 13, Line 13or portion of the debt that resulted from the economic abuse or coerced debt;
Page 13, Line 14(c) An unsworn declaration that complies with the
Page 13, Line 15requirements in section 13-27-160 or a sworn statement from a
Page 13, Line 16qualified third party to whom the consumer reported the economic abuse or coerced debt that includes the following:
Page 13, Line 17(I) Information identifying that the party is a qualified third party;
Page 13, Line 18(II) The letterhead, address, and phone number of the
Page 13, Line 19qualified third party's employer, including if the qualified third
Page 13, Line 20party is self-employed, and the name of the licensing entity if the qualified third party is a licensed professional; and
Page 14, Line 1(III) Information identifying the economic abuse or
Page 14, Line 2coerced debt, or a portion of the debt, and describing the
Page 14, Line 3circumstances under which the economic abuse or coerced debt was incurred;
Page 14, Line 4(d) A document stating whether the consumer knows the
Page 14, Line 5identity of the perpetrator who caused or who is alleged to
Page 14, Line 6have caused the economic abuse or coerced debt and, if so, the
Page 14, Line 7person's name and contact information to the extent the consumer has access to or knows the information; and
Page 14, Line 8(e) Any other document that demonstrates the consumer
Page 14, Line 9was subject to economic abuse or coerced debt and that supports a statement of economic abuse or coerced debt.
Page 14, Line 10SECTION 4. In Colorado Revised Statutes, 5-16-108, add (2) as follows:
Page 14, Line 115-16-108. Unfair practices - economic abuse - coerced debt.
Page 14, Line 12(2) A debt collector or collection agency, after receiving
Page 14, Line 13written notice from the consumer within the time frame
Page 14, Line 14described in section 5-16-109 (2), shall cease collection of any
Page 14, Line 15debt or portion of any debt that is the result of economic abuse
Page 14, Line 16or coerced debt, unless the debt collector or collection agency
Page 14, Line 17first obtains a decree, judgment, or court order finding the debt was not the result of economic abuse or coerced debt.
Page 14, Line 18SECTION 5. In Colorado Revised Statutes, 5-16-109, add (2.5) as follows:
Page 14, Line 195-16-109. Validation of debts. (2.5) (a) If the consumer
Page 14, Line 20notifies the debt collector or collection agency in writing
Page 15, Line 1within the thirty-day period described in subsection (1)(c) of this
Page 15, Line 2section that the debt, or any portion of the debt, is the result of
Page 15, Line 3economic abuse or coerced debt and provides a statement of
Page 15, Line 4coerced debt and sufficient documentation to the debt
Page 15, Line 5collector or collection agency, the debt collector or
Page 15, Line 6collection agency shall cease collection of the debt or the
Page 15, Line 7disputed portion of the debt until the debt collector or
Page 15, Line 8collection agency obtains a decree, judgment, or court order
Page 15, Line 9finding the debt was not the result of economic abuse or coerced debt.
Page 15, Line 10(b) (I) The consumer establishes a prima facie case that the
Page 15, Line 11debt is a result of economic abuse or coerced debt by providing
Page 15, Line 12a statement of coerced debt and sufficient documentation to
Page 15, Line 13the debt collector or collection agency. If the debt collector
Page 15, Line 14or collection agency has a good faith basis to believe that the
Page 15, Line 15debt is not the result of economic abuse or coerced debt, or if
Page 15, Line 16the consumer's claim is fraudulent, the debt collector or
Page 15, Line 17collection agency may file suit in a court of competent
Page 15, Line 18jurisdiction to seek a decree, judgment, or court order
Page 15, Line 19declaring that the debt is not the result of economic abuse or
Page 15, Line 20coerced debt. The debt collector or collection agency has the
Page 15, Line 21burden to prove the debt is not the result of economic abuse or
Page 15, Line 22coerced debt or that the consumer's claim is fraudulent by a preponderance of the evidence.
Page 15, Line 23(II) In any court action brought pursuant to this
Page 15, Line 24subsection (2.5), the court shall take appropriate steps
Page 15, Line 25necessary to protect the consumer and the consumer's immediate
Page 16, Line 1family from the perpetrator who caused or who is alleged to
Page 16, Line 2have caused the economic abuse or coerced debt, including, but
Page 16, Line 3not limited to, sealing court records, redacting personally
Page 16, Line 4identifiable information about the consumer and the consumer's
Page 16, Line 5immediate family, and directing that any deposition or evidentiary hearing be conducted remotely.
Page 16, Line 6(III) An action brought by a debt collector or collection
Page 16, Line 7agency to determine whether a debt is the result of economic
Page 16, Line 8abuse or coerced debt or whether a consumer's claim is
Page 16, Line 9fraudulent does not create a private right of action or
Page 16, Line 10entitlement to a remedy against the debt collector or collection agency.
Page 16, Line 11(c) (I) A debt collector or collection agency may use all
Page 16, Line 12legal rights and remedies to collect the debt that is a result of
Page 16, Line 13economic abuse or coerced debt from the perpetrator who
Page 16, Line 14caused or is alleged to have caused the economic abuse or coerced debt to be incurred by the consumer.
Page 16, Line 15(II) The perpetrator who caused or is alleged to have
Page 16, Line 16caused the economic abuse or coerced debt does not have a
Page 16, Line 17private right of action or remedy against the debt collector or
Page 16, Line 18collection agency for pursuing the perpetrator for the debt if
Page 16, Line 19the debt collector or collection agency has first secured a
Page 16, Line 20decree, judgment, or court order finding the debt was the result of economic abuse or coerced debt.
Page 16, Line 21SECTION 6. In Colorado Revised Statutes, 5-18-103, add (1.5) and (7.5) as follows:
Page 16, Line 225-18-103. Definitions. As used in this article 18, unless the context otherwise requires:
Page 17, Line 1(1.5) "Coerced debt" means a debt or a portion of a debt
Page 17, Line 2that was incurred through fraud, duress, intimidation, threat,
Page 17, Line 3force, coercion, manipulation, undue influence, misinformation,
Page 17, Line 4or the nonconsensual use of the debtor's personal identifying
Page 17, Line 5information within the context of domestic violence, as defined
Page 17, Line 6in section 13-14-101, or human trafficking for involuntary or
Page 17, Line 7sexual servitude, as described in section 18-3-503 or 18-3-504, or abuse of an at-risk elder, as described in section 18-6.5-102.
Page 17, Line 8(7.5) "Economic abuse" means a behavior that is coercive,
Page 17, Line 9deceptive, or manipulative, or restrains, sabotages, or
Page 17, Line 10unreasonably controls a person's ability to acquire, use, or
Page 17, Line 11maintain economic resources that the person is entitled to,
Page 17, Line 12including using coercion, threat of harm, force, fraud, or manipulation to:
Page 17, Line 13(a) Restrict a person's access to money, assets, credit, or financial information;
Page 17, Line 14(b) Steal or unfairly use a person's economic resources, including money, assets, and credit;
Page 17, Line 15(c) Use a person's credit or property without authorization;
Page 17, Line 16(d) Prevent a person from leaving the person's residence to attend school or employment;
Page 17, Line 17(e) Exploit the person's resources for the perpetrator's personal gain;
Page 17, Line 18(f) Withhold individual resources from a person, such as
Page 17, Line 19food, clothing, necessary medications, or shelter;
Page 18, Line 1(g) Cause or attempt to cause a person to be financially
Page 18, Line 2dependent by maintaining control over the person's financial resources; or
Page 18, Line 3(h) Exert undue influence over a person's financial
Page 18, Line 4behavior or decisions, including forcing default on joint or
Page 18, Line 5other financial obligations; exploiting powers of attorney,
Page 18, Line 6guardianship, or conservatorship; or threatening to expose a
Page 18, Line 7person's suspected citizenship or immigration status or the
Page 18, Line 8suspected citizenship or immigration status of the person's family member to a federal, state, or local agency.
Page 18, Line 9SECTION 7. In Colorado Revised Statutes, 5-18-110, amend (1) as follows:
Page 18, Line 105-18-110. Procedure for disputed information - economic
Page 18, Line 11abuse or coerced debt. (1) If the completeness or accuracy of any item
Page 18, Line 12of information contained in the consumer's file is disputed by the
Page 18, Line 13consumer, including an item the consumer asserts is the result of
Page 18, Line 14economic abuse or coerced debt, and the consumer notifies the
Page 18, Line 15consumer reporting agency directly of the dispute, the agency shall
Page 18, Line 16reinvestigate the item free of charge and record the current status of the
Page 18, Line 17disputed information on or before thirty business days after the date the
Page 18, Line 18agency receives notice conveyed by the consumer. The consumer
Page 18, Line 19reporting agency shall provide the consumer with the option of speaking
Page 18, Line 20directly to a representative of the agency to notify the agency of disputed information contained in the consumer's file.
Page 18, Line 21SECTION 8. In Colorado Revised Statutes, 13-14-101, amend (1.6) as follows:
Page 18, Line 2213-14-101. Definitions. For purposes of this article 14, unless the context otherwise requires:
Page 19, Line 1(1.6) "Coercion" means compelling a person by force, threat of
Page 19, Line 2force, or intimidation to engage in conduct from which the person has the
Page 19, Line 3right or privilege to abstain, or to abstain from conduct in which the
Page 19, Line 4person has the right or privilege to engage. "Coercion" also includes
Page 19, Line 5economic abuse and coerced debt as those terms are defined in section 5-18-103.
Page 19, Line 6SECTION 9. Act subject to petition - effective date -
Page 19, Line 7applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 19, Line 8the expiration of the ninety-day period after final adjournment of the
Page 19, Line 9general assembly; except that, if a referendum petition is filed pursuant
Page 19, Line 10to section 1 (3) of article V of the state constitution against this act or an
Page 19, Line 11item, section, or part of this act within such period, then the act, item,
Page 19, Line 12section, or part will not take effect unless approved by the people at the
Page 19, Line 13general election to be held in November 2026 and, in such case, will take
Page 19, Line 14effect on the date of the official declaration of the vote thereon by the governor.
Page 19, Line 15(2) This act applies to a debt or a portion of a debt incurred on or after the applicable effective date of this act.