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.
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) In connection with any communication related to a statement of coerced debt, the creditor:
Page 7, Line 16(A) Shall contact the consumer using only the contact
Page 7, Line 17information the consumer provided in the statement of coerced debt and shall not use any other contact information;
Page 7, Line 18(B) Shall not disclose the contact information the
Page 7, Line 19consumer provided in the statement of coerced debt to any
Page 7, Line 20other person including, but not limited to, the perpetrator who
Page 7, Line 21caused or who is alleged to have caused the economic abuse or
Page 7, Line 22coerced debt or any joint account holders, without first obtaining the consumer's express written authorization; and
Page 8, Line 1(C) May request that the consumer provide the identity
Page 8, Line 2of the perpetrator who caused or who is alleged to have caused
Page 8, Line 3the economic abuse or coerced debt, if known, and the contact information for the person, if known.
Page 8, Line 4(e) "Sufficient documentation" means any of the following documents:
Page 8, Line 5(I) A police report that identifies the economic abuse or
Page 8, Line 6coerced debt, or a portion of the economic abuse or coerced
Page 8, Line 7debt; identifies the name of the creditor and, if applicable, the
Page 8, Line 8name of the creditor's billing or servicing agent; and describes
Page 8, Line 9the circumstances under which the economic abuse or coerced debt was incurred;
Page 8, Line 10(II) A federal trade commission identity theft report;
Page 8, Line 11(III) A court order setting forth findings of economic
Page 8, Line 12abuse or coerced debt, including the name of the creditor and
Page 8, Line 13the debt or portion of the debt that resulted from the economic abuse or coerced debt;
Page 8, Line 14(IV) An unsworn declaration that complies with the
Page 8, Line 15requirements in section 13-27-106 or a sworn statement from a
Page 8, Line 16qualified third party to whom the consumer reported the economic abuse or coerced debt that includes the following:
Page 8, Line 17(A) Information identifying that the party is a qualified third party;
Page 8, Line 18(B) The letterhead, address, and phone number of the
Page 8, Line 19qualified third party's employer, including if the qualified third
Page 8, Line 20party is self-employed, and the name of the licensing entity if the qualified third party is a licensed professional; and
Page 9, Line 1(C) Information identifying the economic abuse or
Page 9, Line 2coerced debt, or a portion of the debt, and describing the
Page 9, Line 3circumstances under which the economic abuse or coerced debt was incurred;
Page 9, Line 4(V) A document stating whether the consumer knows the
Page 9, Line 5identity of the perpetrator who caused or who is alleged to
Page 9, Line 6have caused the economic abuse or coerced debt and, if so, the
Page 9, Line 7person's name and contact information to the extent the consumer has access to or knows the information; and
Page 9, Line 8(VI) Any other document that demonstrates the
Page 9, Line 9consumer was subject to economic abuse or coerced debt and that supports a statement of economic abuse or coerced debt.
Page 9, Line 10SECTION 3. In Colorado Revised Statutes, 5-16-103, add (2.5), (9.5), (12.5), (15), and (16) as follows:
Page 9, Line 115-16-103. Definitions. As used in this article 16, unless the context otherwise requires:
Page 9, Line 12(2.5) "Coerced debt" means a debt or a portion of a debt
Page 9, Line 13that was incurred through fraud, duress, intimidation, threat,
Page 9, Line 14force, coercion, manipulation, undue influence, misinformation,
Page 9, Line 15or the nonconsensual use of the debtor's personal identifying
Page 9, Line 16information within the context of domestic violence, as defined
Page 9, Line 17in section 13-14-101, or human trafficking for involuntary or
Page 9, Line 18sexual 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 9, Line 19(9.5) "Economic abuse" means a behavior that is coercive,
Page 9, Line 20deceptive, or manipulative, or restrains, sabotages, or
Page 10, Line 1unreasonably controls a person's ability to acquire, use, or
Page 10, Line 2maintain economic resources that the person is entitled to,
Page 10, Line 3including using coercion, threat of harm, force, fraud, or manipulation to:
Page 10, Line 4(a) Restrict a person's access to money, assets, credit, or financial information;
Page 10, Line 5(b) Steal or unfairly use a person's economic resources, including money, assets, and credit;
Page 10, Line 6(c) Use a person's credit or property without authorization;
Page 10, Line 7(d) Prevent a person from leaving the person's residence to attend school or employment;
Page 10, Line 8(e) Exploit the person's resources for the perpetrator's personal gain;
Page 10, Line 9(f) Withhold individual resources from a person, such as food, clothing, necessary medications, or shelter;
Page 10, Line 10(g) Cause or attempt to cause a person to be financially
Page 10, Line 11dependent by maintaining control over the person's financial resources; or
Page 10, Line 12(h) Exert undue influence over a person's financial
Page 10, Line 13behavior or decisions, including forcing default on joint or
Page 10, Line 14other financial obligations; exploiting powers of attorney,
Page 10, Line 15guardianship, or conservatorship; or threatening to expose a
Page 10, Line 16person's suspected citizenship or immigration status or the
Page 10, Line 17suspected citizenship or immigration status of a person's family member to a federal, state, or local agency.
Page 10, Line 18(12.5) "Qualified third party" means a person who is unrelated to the consumer and who is:
Page 11, Line 1(a) A law enforcement officer;
Page 11, Line 2(b) A physician, physician assistant, psychiatrist,
Page 11, Line 3psychologist, social worker, nurse, therapist, or clinical professional counselor who is licensed to practice in Colorado;
Page 11, Line 4(c) A victim's advocate, as described in section 13-90-107; or
Page 11, Line 5(d) A member of the clergy of a church, religious society, or denomination.
Page 11, Line 6(15) (a) "Statement of coerced debt" means a sworn
Page 11, Line 7statement or an unsworn declaration that complies with the
Page 11, Line 8requirements of section 13-27-106 made by a consumer to a debt collector or collection agency in writing that conveys:
Page 11, Line 9(I) Enough information about the debt or a portion of the
Page 11, Line 10debt to allow the debt collector or collection agency to identify the account and amount associated with the debt;
Page 11, Line 11(II) That the consumer did not willingly authorize the use
Page 11, Line 12of the consumer's name, account, or personal information for
Page 11, Line 13incurring the debt or a portion of the debt, or a claim that a
Page 11, Line 14debt or a portion of the debt is a result of economic abuse or coerced debt;
Page 11, Line 15(III) Whether the consumer knows how the debt was incurred and, if so, facts describing how the debt was incurred;
Page 11, Line 16(IV) Whether the consumer knows the identity of the
Page 11, Line 17perpetrator who caused or who is alleged to have caused the
Page 11, Line 18economic abuse or coerced debt and, if so, the person's name and
Page 11, Line 19contact information to the extent the consumer has access to or knows the information; and
Page 12, Line 1(V) The consumer's preferred contact information,
Page 12, Line 2including the consumer's phone number, email address, and
Page 12, Line 3physical address or safe address for either the consumer or a
Page 12, Line 4third party whom the consumer designates to receive information about the coerced debt.
Page 12, Line 5(b) In connection with any communication related to a
Page 12, Line 6statement of coerced debt, the debt collector or collection agency:
Page 12, Line 7(I) Shall contact the consumer using only the contact
Page 12, Line 8information the consumer provided in the statement of coerced debt and shall not use any other contact information;
Page 12, Line 9(II) Shall not disclose the contact information the
Page 12, Line 10consumer provided in the statement of coerced debt to any
Page 12, Line 11other person including, but not limited to, the perpetrator who
Page 12, Line 12caused or who is alleged to have caused the economic abuse or
Page 12, Line 13coerced debt or any joint account holders, without first obtaining the consumer's express written authorization; and
Page 12, Line 14(III) May request that the consumer provide the identity
Page 12, Line 15of the perpetrator who caused or who is alleged to have caused
Page 12, Line 16the economic abuse or coerced debt, if known, and the contact information for the person, if known.
Page 12, Line 17(16) "Sufficient documentation" means any of the following documents:
Page 12, Line 18(a) A police report that identifies the economic abuse or
Page 12, Line 19coerced debt, or a portion of the economic abuse or coerced
Page 12, Line 20debt; identifies the name of the creditor and, if applicable, the
Page 13, Line 1name of the creditor's billing or servicing agent; and describes
Page 13, Line 2the circumstances under which the economic abuse or coerced debt was incurred;
Page 13, Line 3(b) A federal trade commission identity theft report;
Page 13, Line 4(c) A court order setting forth findings of economic abuse
Page 13, Line 5or coerced debt, including the name of the creditor and the debt
Page 13, Line 6or portion of the debt that resulted from the economic abuse or coerced debt;
Page 13, Line 7(d) An unsworn declaration that complies with the
Page 13, Line 8requirements in section 13-27-160 or a sworn statement from a
Page 13, Line 9qualified third party to whom the consumer reported the economic abuse or coerced debt that includes the following:
Page 13, Line 10(I) Information identifying that the party is a qualified third party;
Page 13, Line 11(II) The letterhead, address, and phone number of the
Page 13, Line 12qualified third party's employer, including if the qualified third
Page 13, Line 13party is self-employed, and the name of the licensing entity if the qualified third party is a licensed professional; and
Page 13, Line 14(III) Information identifying the economic abuse or
Page 13, Line 15coerced debt, or a portion of the debt, and describing the
Page 13, Line 16circumstances under which the economic abuse or coerced debt was incurred;
Page 13, Line 17(e) A document stating whether the consumer knows the
Page 13, Line 18identity of the perpetrator who caused or who is alleged to
Page 13, Line 19have caused the economic abuse or coerced debt and, if so, the
Page 13, Line 20person's name and contact information to the extent the
Page 13, Line 21consumer has access to or knows the information; and
Page 14, Line 1(f) Any other document that demonstrates the consumer
Page 14, Line 2was subject to economic abuse or coerced debt and that supports a statement of economic abuse or coerced debt.
Page 14, Line 3SECTION 4. In Colorado Revised Statutes, 5-16-108, add (2) as follows:
Page 14, Line 45-16-108. Unfair practices - economic abuse - coerced debt.
Page 14, Line 5(2) A debt collector or collection agency, after receiving
Page 14, Line 6written notice from the consumer within the time frame
Page 14, Line 7described in section 5-16-109 (2), shall cease collection of any
Page 14, Line 8debt or portion of any debt that is the result of economic abuse
Page 14, Line 9or coerced debt, unless the debt collector or collection agency
Page 14, Line 10first obtains a decree, judgment, or court order finding the debt was not the result of economic abuse or coerced debt.
Page 14, Line 11SECTION 5. In Colorado Revised Statutes, 5-16-109, add (2.5) as follows:
Page 14, Line 125-16-109. Validation of debts. (2.5) (a) If the consumer
Page 14, Line 13notifies the debt collector or collection agency in writing
Page 14, Line 14within the thirty-day period described in subsection (1)(c) of this
Page 14, Line 15section that the debt, or any portion of the debt, is the result of
Page 14, Line 16economic abuse or coerced debt and provides a statement of
Page 14, Line 17coerced debt and sufficient documentation to the debt
Page 14, Line 18collector or collection agency, the debt collector or
Page 14, Line 19collection agency shall cease collection of the debt or the
Page 14, Line 20disputed portion of the debt until the debt collector or
Page 14, Line 21collection agency obtains a decree, judgment, or court order
Page 14, Line 22finding the debt was not the result of economic abuse or
Page 14, Line 23coerced debt.
Page 15, Line 1(b) (I) The consumer establishes a prima facie case that the
Page 15, Line 2debt is a result of economic abuse or coerced debt by providing
Page 15, Line 3a statement of coerced debt and sufficient documentation to
Page 15, Line 4the debt collector or collection agency. If the debt collector
Page 15, Line 5or collection agency has a good faith basis to believe that the
Page 15, Line 6debt is not the result of economic abuse or coerced debt, or if
Page 15, Line 7the consumer's claim is fraudulent, the debt collector or
Page 15, Line 8collection agency may file suit in a court of competent
Page 15, Line 9jurisdiction to seek a decree, judgment, or court order
Page 15, Line 10declaring that the debt is not the result of economic abuse or
Page 15, Line 11coerced debt. The debt collector or collection agency has the
Page 15, Line 12burden to prove the debt is not the result of economic abuse or
Page 15, Line 13coerced debt or that the consumer's claim is fraudulent by a preponderance of the evidence.
Page 15, Line 14(II) In any court action brought pursuant to this
Page 15, Line 15subsection (2.5), the court shall take appropriate steps
Page 15, Line 16necessary to protect the consumer and the consumer's immediate
Page 15, Line 17family from the perpetrator who caused or who is alleged to
Page 15, Line 18have caused the economic abuse or coerced debt, including, but
Page 15, Line 19not limited to, sealing court records, redacting personally
Page 15, Line 20identifiable information about the consumer and the consumer's
Page 15, Line 21immediate family, and directing that any deposition or evidentiary hearing be conducted remotely.
Page 15, Line 22(III) An action brought by a debt collector or collection
Page 15, Line 23agency to determine whether a debt is the result of economic
Page 15, Line 24abuse or coerced debt or whether a consumer's claim is
Page 15, Line 25fraudulent does not create a private right of action or
Page 16, Line 1entitlement to a remedy against the debt collector or collection agency.
Page 16, Line 2(c) (I) A debt collector or collection agency may use all
Page 16, Line 3legal rights and remedies to collect the debt that is a result of
Page 16, Line 4economic abuse or coerced debt from the perpetrator who
Page 16, Line 5caused or is alleged to have caused the economic abuse or coerced debt to be incurred by the consumer.
Page 16, Line 6(II) The perpetrator who caused or is alleged to have
Page 16, Line 7caused the economic abuse or coerced debt does not have a
Page 16, Line 8private right of action or remedy against the debt collector or
Page 16, Line 9collection agency for pursuing the perpetrator for the debt if
Page 16, Line 10the debt collector or collection agency has first secured a
Page 16, Line 11decree, judgment, or court order finding the debt was the result of economic abuse or coerced debt.
Page 16, Line 12SECTION 6. In Colorado Revised Statutes, 5-18-103, add (1.5) and (7.5) as follows:
Page 16, Line 135-18-103. Definitions. As used in this article 18, unless the context otherwise requires:
Page 16, Line 14(1.5) "Coerced debt" means a debt or a portion of a debt
Page 16, Line 15that was incurred through fraud, duress, intimidation, threat,
Page 16, Line 16force, coercion, manipulation, undue influence, misinformation,
Page 16, Line 17or the nonconsensual use of the debtor's personal identifying
Page 16, Line 18information within the context of domestic violence, as defined
Page 16, Line 19in section 13-14-101, or human trafficking for involuntary or
Page 16, Line 20sexual 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 16, Line 21(7.5) "Economic abuse" means a behavior that is coercive,
Page 17, Line 1deceptive, or manipulative, or restrains, sabotages, or
Page 17, Line 2unreasonably controls a person's ability to acquire, use, or
Page 17, Line 3maintain economic resources that the person is entitled to,
Page 17, Line 4including using coercion, threat of harm, force, fraud, or manipulation to:
Page 17, Line 5(a) Restrict a person's access to money, assets, credit, or financial information;
Page 17, Line 6(b) Steal or unfairly use a person's economic resources, including money, assets, and credit;
Page 17, Line 7(c) Use a person's credit or property without authorization;
Page 17, Line 8(d) Prevent a person from leaving the person's residence to attend school or employment;
Page 17, Line 9(e) Exploit the person's resources for the perpetrator's personal gain;
Page 17, Line 10(f) Withhold individual resources from a person, such as food, clothing, necessary medications, or shelter;
Page 17, Line 11(g) Cause or attempt to cause a person to be financially
Page 17, Line 12dependent by maintaining control over the person's financial resources; or
Page 17, Line 13(h) Exert undue influence over a person's financial
Page 17, Line 14behavior or decisions, including forcing default on joint or
Page 17, Line 15other financial obligations; exploiting powers of attorney,
Page 17, Line 16guardianship, or conservatorship; or threatening to expose a
Page 17, Line 17person's suspected citizenship or immigration status or the
Page 17, Line 18suspected citizenship or immigration status of the person's
Page 17, Line 19family member to a federal, state, or local agency.
Page 18, Line 1SECTION 7. In Colorado Revised Statutes, 5-18-110, amend (1) as follows:
Page 18, Line 25-18-110. Procedure for disputed information - economic
Page 18, Line 3abuse or coerced debt. (1) If the completeness or accuracy of any item
Page 18, Line 4of information contained in the consumer's file is disputed by the
Page 18, Line 5consumer, including an item the consumer asserts is the result of
Page 18, Line 6economic abuse or coerced debt, and the consumer notifies the
Page 18, Line 7consumer reporting agency directly of the dispute, the agency shall
Page 18, Line 8reinvestigate the item free of charge and record the current status of the
Page 18, Line 9disputed information on or before thirty business days after the date the
Page 18, Line 10agency receives notice conveyed by the consumer. The consumer
Page 18, Line 11reporting agency shall provide the consumer with the option of speaking
Page 18, Line 12directly to a representative of the agency to notify the agency of disputed information contained in the consumer's file.
Page 18, Line 13SECTION 8. In Colorado Revised Statutes, 13-14-101, amend (1.6) as follows:
Page 18, Line 1413-14-101. Definitions. For purposes of this article 14, unless the context otherwise requires:
Page 18, Line 15(1.6) "Coercion" means compelling a person by force, threat of
Page 18, Line 16force, or intimidation to engage in conduct from which the person has the
Page 18, Line 17right or privilege to abstain, or to abstain from conduct in which the
Page 18, Line 18person has the right or privilege to engage. "Coercion" also includes
Page 18, Line 19economic abuse and coerced debt as those terms are defined in section 5-18-103.
Page 18, Line 20SECTION 9. Act subject to petition - effective date -
Page 18, Line 21applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 18, Line 22the expiration of the ninety-day period after final adjournment of the
Page 19, Line 1general assembly; except that, if a referendum petition is filed pursuant
Page 19, Line 2to section 1 (3) of article V of the state constitution against this act or an
Page 19, Line 3item, section, or part of this act within such period, then the act, item,
Page 19, Line 4section, or part will not take effect unless approved by the people at the
Page 19, Line 5general election to be held in November 2026 and, in such case, will take
Page 19, Line 6effect on the date of the official declaration of the vote thereon by the governor.
Page 19, Line 7(2) This act applies to a debt or a portion of a debt incurred on or after the applicable effective date of this act.