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.
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 12(a) "Clearly and conspicuously" or "clear and
Page 3, Line 13conspicuous" means that a required disclosure is easily
Page 3, Line 14noticeable and understandable, including in all of the following ways:
Page 3, Line 15(I) For a communication that is only visual or only
Page 3, Line 16audible, the disclosure must be made through the same means by which the communication is presented;
Page 3, Line 17(II) For a communication that is both visual and audible,
Page 3, Line 18such as a television advertisement, the disclosure must be made
Page 3, Line 19simultaneously in both the visual and audible portions of the
Page 3, Line 20communication, even if the communication requiring the disclosure is made through only visual or audible means;
Page 4, Line 1(III) For a visual disclosure, the disclosure must be
Page 4, Line 2distinguishable by its size, contrast, and location; the length of
Page 4, Line 3time for which it appears; and other characteristics from
Page 4, Line 4accompanying text or other visual elements so that it is easily noticeable, readable, and understandable to ordinary persons;
Page 4, Line 5(IV) For an audible disclosure, including by telephone or
Page 4, Line 6streaming video, the disclosure must be delivered in a volume,
Page 4, Line 7speed, and cadence sufficient for ordinary persons to easily hear and understand it;
Page 4, Line 8(V) In any communication using an interactive electronic
Page 4, Line 9medium, such as the internet or software, the disclosure must be unavoidable;
Page 4, Line 10(VI) The disclosure uses diction and syntax
Page 4, Line 11understandable to ordinary persons and must appear in each
Page 4, Line 12language in which the representation requiring the disclosure appears;
Page 4, Line 13(VII) The disclosure must not be contradicted or
Page 4, Line 14mitigated by, or inconsistent with, anything else in the communication requiring the disclosure; and
Page 4, Line 15(VIII) The disclosure must comply with the requirements
Page 4, Line 16of this subsection(1)(a)for each medium through which it is
Page 4, Line 17received by a person, including an electronic device or face-to-face communication.
Page 4, Line 18(b) "Common areas" has the meaning set forth in section 38-12-502 (2).
Page 4, Line 19(c) (I) "Dwelling unit" has the meaning set forth in section 38-12-502 (3).
Page 5, Line 1(II) "Dwelling unit" does not include common areas.
(d) "Food and beverage service establishment" means:
Page 5, Line 2(I) A retail food establishment, as defined in section 25-4-1602 (14);
Page 5, Line 3(II) An alcoholic beverages drinking places industry, as defined in section 39-26-105 (1.3)(a)(I);
Page 5, Line 4(III) A brew pub, distillery pub, or vintner's restaurant, as those terms are defined in section 44-3-103; or
Page 5, Line 5(IV) A retail portion of a brewery, distillery, or winery,
Page 5, Line 6as those terms are defined in section 44-3-103, that sells beverages for consumption on the premises.
Page 5, Line 7(e) "Government charge" means a fee or charge imposed on
Page 5, Line 8consumers by a federal, state, or local government agency,
Page 5, Line 9unit, or department, including taxes or fees that are imposed by,
Page 5, Line 10paid to, or passed on to a government, including a local
Page 5, Line 11government entity or other unit of local government, or a
Page 5, Line 12political subdivision of the state, including a government-created special district.
Page 5, Line 13(f) "Landlord" has the meaning set forth in section 38-12-502 (5).
Page 5, Line 14(g) "Mandatory service charge" means a mandatory fee,
Page 5, Line 15charge, or amount that a food and beverage service establishment adds to a customer's, guest's, or patron's bill.
Page 5, Line 16(h) "Pricing information" means information relating to an amount a person may pay.
Page 5, Line 17(i) "Rental agreement" has the meaning set forth in section 38-12-502 (7).
Page 6, Line 1(j) "Shipping charge" means a fee or charge that reflects
Page 6, Line 2the actual cost that a person incurs to send physical goods to a person.
Page 6, Line 3(k) "Tenant" has the meaning set forth in section 38-12-502 (9).
Page 6, Line 4(l) (I) "Total price" means the maximum total of all
Page 6, Line 5amounts, including fees and charges, that a person must pay for
Page 6, Line 6a good, service, or property, including any additional mandatory goods, services, or properties.
Page 6, Line 7(II) "Total price" includes all amounts that:
Page 6, Line 8(A) Must be paid to purchase, enjoy, or utilize a good, service, or property;or
Page 6, Line 9(B) Are not reasonably avoidable by the person.
Page 6, Line 11(III) "Total price" does not include a government charge
Page 6, Line 12or shipping charge unless included at the option of the person
Page 6, Line 13offering, displaying, or advertising the good, service, or property.
Page 6, Line 14(2) (a) A person shall not offer, display, or advertise an
Page 6, Line 15amount a person may pay for a good, service, or property unless
Page 6, Line 16the person offering, displaying, or advertising the good, service,
Page 6, Line 17or property clearly and conspicuously discloses the total price
Page 6, Line 18for the good, service, or property as a single number without
Page 6, Line 19separating the total price into separate fees, charges, or
Page 6, Line 20amounts. The total price for the good, service, or property must
Page 6, Line 21be 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 offering services
Page 7, Line 12for which the total price of the service cannot reasonably be
Page 7, Line 13known at the time of the offer due to factors that determine the
Page 7, Line 14total price that are beyond the control of the person offering
Page 7, Line 15the service, including factors that are determined by consumer
Page 7, Line 16selections or preferences or that relate to distance or time, and clearly and conspicuously discloses:
Page 7, Line 17(A) The factors that determine the total price;
Page 7, Line 18(B) Any mandatory fees associated with the transaction; and
Page 7, Line 19(C) That the total price of the services may vary.
Page 7, Line 20(III) Can demonstrate that the person is governed by and
Page 7, Line 21compliant with applicable federal law, rule, or regulation
Page 7, Line 22regarding price transparency for the purposes of the transaction at issue, including, but not limited to:
Page 8, Line 1(A) The federal "Truth in Savings Act", 12 U.S.C. sec. 4301 et seq.;
Page 8, Line 2(B) The federal "Electronic Fund Transfer Act", 15 U.S.C. sec. 1693 et seq.;
Page 8, Line 3(C) Section 19 of the "Federal Reserve Act", 12 U.S.C. sec. 461 et seq., as amended;
Page 8, Line 4(D) The federal "Truth in Lending Act", 15 U.S.C. sec. 1601 et seq.;
Page 8, Line 5(E) The federal "Home Ownership and Equity Protection Act", 15 U.S.C. sec. 1639;
Page 8, Line 6(F) The federal "Investment Company Act of 1940", 15 U.S.C. 80a-1 et seq.;
Page 8, Line 7(G) The federal "Investment Advisers Act of 1940", 15 U.S.C. sec. 80b-1 et seq.; or
Page 8, Line 8(H) The federal regulation best interest regulation in 17
Page 8, Line 9CFR 240.15l-1 pursuant to the federal "Securities Exchange Act of 1934", 15 U.S.C. 78a et seq.;
Page 8, Line 10(IV) Can demonstrate that any fees, costs, or amounts charged in addition to the total price were:
Page 8, Line 11(A) Associated with settlement services, as defined by the
Page 8, Line 12federal "Real Estate Settlement Procedures Act", 12 U.S.C. sec. 2602 (3); and
Page 8, Line 13(B) Not real estate broker commissions or fees;or
Page 8, Line 14(V) Can demonstrate that the person is providing
Page 8, Line 15broadband internet access service on their own or as part of a
Page 8, Line 16bundle, as defined in 47 CFR 8.1 (b), and is compliant with the
Page 9, Line 1broadband consumer label requirements adopted by the federal communications commission in FCC 22-86 on November 14, 2022.
Page 9, Line 2(c) This section does not apply to a person that can
Page 9, Line 3demonstrate that the person is governed by and compliant with
Page 9, Line 4federal law that regulates pricing transparency for the transaction at issue and that preempts state law.
Page 9, Line 5(d) Subsection (2)(a) of this section does not require a
Page 9, Line 6landlord or landlord's agent to include, in the disclosure of
Page 9, Line 7the total price for a dwelling unit, the actual cost charged by a utility provider for service to a tenant's dwelling unit.
Page 9, Line 8(3) (a) A person shall not misrepresent the nature and
Page 9, Line 9purpose of pricing information for a good, service, or property, including:
Page 9, Line 10(I) The refundability of an amount charged;
Page 9, Line 11(II) The identity of a good, service, or property for which an amount is charged;
Page 9, Line 12(III) The recipient of an amount charged for the good, service, or property; and
Page 9, Line 13(IV) The actual price of the good, service, or property for which an amount is charged.
Page 9, Line 14(b) Upon offering, displaying, or advertising an amount a
Page 9, Line 15person may pay fora good, service, or property and before a
Page 9, Line 16person consents to pay for the good, service, or property, the
Page 9, Line 17person offering, displaying, or advertising the good, service, or
Page 9, Line 18property shall clearly and conspicuously disclose the nature
Page 9, Line 19and purpose of pricing information for the good, service, or
Page 9, Line 20property that is not part of the total price for the good, service, or property, including:
Page 10, Line 1(I) The refundability of the amount charged for that good, service, or property that is not part of the total price;
Page 10, Line 2(II) The identity of that good, service, or property for
Page 10, Line 3which an amount is charged that is not part of the total price; and
Page 10, Line 4(III) The recipient of the amount charged for that good, service, or property that is not part of the total price.
Page 10, Line 5(4) A landlord or the landlord's agent shall not require a tenant to pay a fee, charge, or amount:
Page 10, Line 6(a) Related to the provision of utilities that is above the
Page 10, Line 7amount charged by the utility provider for service to the
Page 10, Line 8tenant's dwelling unit, except in accordance with section 38-12-801 (3)(a)(VI);
Page 10, Line 9(b) That increases by more than two percent over the
Page 10, Line 10course 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 11(c) Related to the payment of property taxes;
Page 10, Line 12(d) Related to the processing of rent or other payments
Page 10, Line 13if a means of payment that is cost-free to the tenant is not reasonably accessible by the tenant;
Page 10, Line 14(e) Related to the overdue payment of a fee, charge, or amount that is not rent;
Page 10, Line 15(f) For a good, service, or property necessary to comply
Page 10, Line 16with the responsibilities or obligations of a landlord or the
Page 10, Line 17landlord's agent, including the landlord's responsibility to
Page 10, Line 18provide a habitable living environment in accordance with section 38-12-503;
Page 11, Line 1(g) Above the total price of the good, service, or property
Page 11, Line 2for which an amount is charged, except as provided in section 38-12-801 (3)(a)(VI);
Page 11, Line 3(h) For a good, service, or property not actually provided;
Page 11, Line 4(i) For the maintenance of common areas; or
(j) That violates this section.
Page 11, Line 5(5) (a) A person that violates any of the requirements or
Page 11, Line 6prohibitions of this section engages in a deceptive, unfair, and unconscionable act or practice.
Page 11, Line 7(b) (I) In addition to any remedies otherwise provided by law or in equity:
Page 11, Line 8(A) A person aggrieved by a violation of this section may
Page 11, Line 9bring a civil action against the alleged violator to restrain
Page 11, Line 10further violations and to recover actual damages, costs, and reasonable attorney fees; and
Page 11, Line 11(B) Pursuant to a good faith belief that a violation of any
Page 11, Line 12provision of this section has occurred in a dispute between a
Page 11, Line 13landlord and a tenant over a residential property or a lessor
Page 11, Line 14and a lessee of a commercial property, a person aggrieved by a
Page 11, Line 15violation may send a written demand to the alleged violator
Page 11, Line 16for reimbursement of any fees, charges, or amounts in violation
Page 11, Line 17of this section paid by the aggrieved person or a group of
Page 11, Line 18similarly situated aggrieved persons, for the actual damages
Page 11, Line 19suffered, and for the alleged violator to cease violating this
Page 11, Line 20section. The aggrieved person may notify the alleged violator
Page 12, Line 1of their refusal to pay any fees, charges, or amounts that violate this section.
Page 12, Line 2(II) If an alleged violator declines to make full legal
Page 12, Line 3tender of all fees, charges, amounts, or actual damages
Page 12, Line 4demanded or refuses to cease charging the aggrieved person and
Page 12, Line 5those similarly situated the fees, charges, or amounts in
Page 12, Line 6violation of this section within fourteen days after the receipt
Page 12, Line 7of a written demand sent pursuant to subsection (5)(b)(I)(B) of
Page 12, Line 8this section, in addition to any other damages available by law
Page 12, Line 9or in equity, the person is liable for actual damages plus an
Page 12, Line 10interest rate of eighteen percent per annum compounded annually.
Page 12, Line 12(c) (I) A person aggrieved by a violation of this section
Page 12, Line 13does not need to send a written demand, or satisfy any other
Page 12, Line 14pre-suit requirement, before asserting a claim based on a violation of this section.
Page 12, Line 15(II) Nothing in this section limits remedies available elsewhere by law or in equity.
Page 12, Line 16(6) The attorney general may adopt rules to implement this section.
Page 12, Line 17SECTION 3. In Colorado Revised Statutes, 6-1-720, amend (1) introductory portion, as follows:
Page 12, Line 186-1-720. Ticket sales - deceptive trade practice - definitions.
Page 12, Line 19(1) Notwithstanding section 6-1-737, a person engages in a deceptive
Page 12, Line 20trade practice when, in the course of the person's business, vocation, or
Page 12, Line 21occupation, the person:
Page 13, Line 1SECTION 4. In Colorado Revised Statutes, 38-12-801, amend (3)(a)(VI) as follows:
Page 13, Line 238-12-801. Written rental agreement - prohibited clauses -
Page 13, Line 3copy - tenant - applicability - definitions. (3) (a) A written rental agreement must not include:
Page 13, Line 4(VI) A provision that requires a tenant to pay a:
Page 13, Line 5(A) Markup or fee for a service for which the landlord is billed by
Page 13, Line 6a third party; except that a written rental agreement may include a
Page 13, Line 7provision that requires a tenant to pay either a markup or fee in an amount
Page 13, Line 8that does not exceed two percent of the amount that the landlord was
Page 13, Line 9billed or a markup or fee in an amount that does not exceed a total of ten
Page 13, Line 10dollars per month, but not both. This subsection (3)(a)(VI) does not
Page 13, Line 11preclude a prevailing party from recovering an amount equal to any
Page 13, Line 12reasonable attorney fees awarded by a court pursuant to subsection (3)(a)(II) of this section; or
Page 13, Line 13(B) Fee, charge, or amount that violates any part of section 6-1-737;
Page 13, Line 14SECTION 5. Act subject to petition - effective date -
Page 13, Line 15applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 13, Line 16referendum petition is filed pursuant to section 1 (3) of article V of the
Page 13, Line 17state constitution against this act or an item, section, or part of this act
Page 13, Line 18within the ninety-day period after final adjournment of the general
Page 13, Line 19assembly, then the act, item, section, or part will not take effect unless
Page 13, Line 20approved by the people at the general election to be held in November
Page 13, Line 212026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 14, Line 1(2) This act applies to conduct occurring on or after the applicable effective date of this act.