Consumer And Commercial Transactions - Digest of Bills

Digest of Bills - 2008

CONSUMER AND COMMERCIAL TRANSACTIONS

S.B. 08-24 Consumer protections - ticket sales and resales - limitations. Requires ticket resellers to guarantee a full refund to a purchaser if an event is cancelled, the ticket would not grant the purchaser admission to the event, the ticket is counterfeit, or the ticket fails to conform to its description as advertised. Specifies that it is void as against public policy to apply a term or condition to an original sale to the purchaser to limit the terms or conditions of resale, but allows an original seller of tickets to prohibit the resale of a contractual right in a season ticket package agreement that gives the original purchaser a priority or other preference to enter into a subsequent season ticket package agreement with the original seller. Prohibits the denial of access to an event based solely on the ground that a ticket was resold through a reseller not approved by the operator.

APPROVED by Governor March 19, 2008
EFFECTIVE March 19, 2008

S.B. 08-77 Consumer protection act - deceptive trade practices - on-line event ticket sales - automatic programs - circumventing seller restrictions. Prohibits, as a deceptive trade practice, the use of a technology designed to deceive automated controls connected to a web site in order to obtain tickets to events for resale in violation of limits established by the vendor. Authorizes the attorney general or a district attorney to obtain an order of forfeiture of tickets or the proceeds of tickets so obtained.

Expands the definition of computer crime to include the use of an automated software application that circumvents a technological measure intended to limit the number of event tickets that may be purchased. Clarifies that each ticket so purchased is a separate offense. Authorizes prosecution of the case in the county where the event occurs.

APPROVED by Governor June 5, 2008
EFFECTIVE July 1, 2008

S.B. 08-246 Colorado Unfair Practices Act - sales below cost - when unlawful. Clarifies that vendors violate the Colorado "Unfair Practices Act" when they intend to injure competitors and destroy competition in order to acquire or maintain a monopoly. Updates the definition of "cost" to mean an appropriate determination of cost that is consistent with federal court interpretations of cost in federal predatory pricing cases under the federal "Sherman Act".

APPROVED by Governor June 5, 2008
EFFECTIVE June 5, 2008

H.B. 08-1109 Charitable solicitations - regulation by secretary of state - registration requirements - investigations - fines - appropriations. Specifies that a charitable organization, professional fund-raising consultant, or paid solicitor whose registration is suspended cannot solicit charitable contributions, provide its consulting services, or conduct a solicitation campaign in this state. Authorizes the secretary of state to investigate potential violations of and set fines for actual violations of the charitable solicitation laws, with a maximum fine of $300 per year for charities and $1,000 per year for paid solicitors. Caps the fee for the late filing of a registration renewal, solicitation notice, or solicitation campaign financial report at $100 per year for charities and $200 per year for paid solicitors. Authorizes the secretary of state to require the production of records for inspection and specifies that such records are not subject to disclosure pursuant to the open records law.

Appropriates $28,000 to the department of state for the implementation of the act.

APPROVED by Governor May 14, 2008
EFFECTIVE September 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1178 Electronic mail - unsolicited messages (spam) - deceptive trade practices - false address information - disregard of do-not-email directive - penalties - exemptions. Replaces the existing "Colorado Junk Email Law" with provisions that are intended to be consistent with, and as stringent as may be adopted by any state under, the federal "CAN-SPAM Act of 2003" (CAN-SPAM Act).

Defines a violation of the CAN-SPAM Act as a deceptive trade practice. Specifies that deceptive practices include knowingly concealing or falsifying point-of-origin information, using another person's return address without permission, or disregarding a do-not-email directive from a recipient of a previous message.

Invokes the attorney general's enforcement authority and other available remedies under the "Colorado Consumer Protection Act" and carries forward the remedies from prior Colorado law. Exempts internet service providers from liability for the mere transmission of e-mail messages.

Allows an internet service provider whose equipment or facilities were used in the transmission of email in violation of this act to sue for actual damages plus statutory damages of $1,000 per message, up to a total of $10 million. Creates a new misdemeanor criminal offense, punishing an initial violation as a class 2 misdemeanor and a second or subsequent violation as a class 1 misdemeanor.

APPROVED by Governor April 23, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1196 Consumer protections - deceptive advertising - musical performances. Prohibits the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group in connection with an advertisement for or the conduct of a live musical performance. Makes exceptions and defines terms. Specifies enforcement authority, civil penalties, and other remedies.

Makes the act applicable to acts occurring on or after August 5, 2008.

APPROVED by Governor April 10, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.