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Telemarketing

Under Colorado law (§§ 6-1-301 to 305, C.R.S.) a "commercial telephone seller" may not conduct business in this state without having registered with the Colorado Attorney General at least ten days prior to the conduct of such business.  This applies to any commercial telephone seller located in Colorado and to any commercial telephone seller contacting prospective purchasers in Colorado.

To register, you may complete the Registration/Renewal Form and return it to this office with the initial $200 telemarketing registration fee. (Make checks payable to the “Colorado Department of Law.”) Subsequent annual renewal requires a properly completed Registration/Renewal Form and a $100 processing fee. Exemption Forms are also available to provide notice to the Attorney General of a claimed exemption from the registration requirements of the Colorado Telemarketing Fraud Prevention Act.

PLEASE NOTE that this procedure does NOT waive your obligation to register as a Telemarketer with the Colorado No-Call program. In order to complete that process, please contact the Colorado No-Call vendor at www.ColoradoNoCall.com. If you have questions regarding the list, you may call Chris Lowe at the Colorado Public Utilities Commission: 303-894-2074.

Debt Management

The Colorado Uniform Debt Management Services Act and the Colorado Credit Services Organization Act were relocated from Title 12 of the Colorado Revised Statutes to Title 5, effective August 9, 2017.  
Please see the right sidebar for the revised Acts as well as Title 12 to Title 5 Cross-References.

The Colorado Uniform Debt Management Services Act (DMSA) regulates companies that offer and provide debt management services to Colorado residents.

Under Colorado law, Debt Management Services Providers (Providers) include non-profit and for-profit Credit Counseling and Debt Settlement companies.  Providers typically work with unsecured debt such as credit card debt. 
 
The law also applies to law firms and attorneys unless the attorney is licensed to practice law in Colorado and is providing legal services in an attorney-client relationship.
 

Collection Agency Regulation

The Administrator for the Colorado Fair Debt Collection Practices Act (CFDCPA) hosted a meeting for licensees, industry groups, client groups and other interested parties on July 30, 2018. View the transcript from the meeting.
Senate Bill 17-216 was recently enacted and contains some substantive changes to the CFDCPA.  This memo from the Administrator of the CFDCPA outlines the changes. In accordance with Senate Bill 17-216, the Administrator of the CFDCPA has prepared a biannual report. View the report.

The Colorado Fair Debt Collection Practices Act is a state law that governs the actions of debt collectors and collection agencies. It provides consumers with certain rights and restricts the practices collection agencies may use to attempt to collect debts. For example, the law prohibits collection agencies from using harassment, misleading, and unfair practices. The law prohibits unnecessary disclosure of the debt to parties not obligated to pay the debt. The law does not apply to creditors collecting their own debts.

 
The Colorado Attorney General's Office, through the Administrator of the Colorado Fair Debt Collection Practices Act, investigates complaints about collection agencies and takes appropriate disciplinary or legal action when a collection agency has violated the law. This office cannot give legal advice nor can we represent individual consumers in actions against collection agencies. Consumers may bring legal action against collection agencies under the Colorado Fair Debt Collection Practices Act.

Consumer Credit Unit

 The Administrator for the Colorado Fair Debt Collection Practices Act (CFDCPA) hosted a meeting for licensees, industry groups, client groups and other interested parties on July 30, 2018. View the transcript from the meeting.
Senate Bill 17-216 was recently enacted and contains some substantive changes to the Colorado Fair Debt Collection Practices Act (CFDCPA).  This memo from the Administrator of the CFDCPA outlines the changes. In accordance with Senate Bill 17-216, the Administrator of the CFDCPA has prepared a biannual report. View the report.

The Consumer Credit Unit is comprised of three main programs:

 
  • Uniform Consumer Credit Code (UCCC)
    The UCCC program enforces the Colorado Uniform Consumer Credit Code - a state law that regulates the terms and conditions of consumer credit in the State of Colorado. UCCC licenses non-bank lenders (such as finance companies, payday lenders, and second mortgage companies), investigates complaints about lenders and creditors, and takes appropriate disciplinary action when a creditor violates the law.
  • Collection Agency Regulation (CAR)
    The CAR program enforces the Colorado Fair Debt Collection Practices Act (CFDCPA) which regulates consumer debt collection as well as the Colorado Child Support Collection Consumer Protection Act. CAR licenses debt collectors, investigates complaints about collection agencies, and takes appropriate disciplinary action when a collection agency violates the law.
  • Debt Management (DM)
    The DM program enforces the Colorado Uniform Debt-Management Services Act (DMSA) which regulates companies that offer and provide debt management services to Colorado residents.  DM oversees the registration of non-profit and for-profit credit counseling and debt settlement companies, investigates complaints about providers, and takes appropriate disciplinary action when a debt management services provider violates the law. 

Revenue and Utilities

Tax Unit

The Tax Unit provides legal advice and representation to the Department of Revenue on all state tax matters, including issues related to audits and assessments, rulemaking, and legislative matters. The unit advises on and litigates matters involving sales and use tax, severance tax and income tax, among others. The unit also represents the state property tax administrator. Tax matters are often complex and require intensive legal services to assure that tax payers, including sophisticated national and international corporate taxpayers, pay the amount owed under the law, thereby protecting the interests of the State and all taxpayers. These matter often have high dollar amounts at issue for the State.

Marijuana, Liquor and Bankruptcy (MLB) Unit

The MLB Unit provides legal advice and litigation services to the Department of Revenue in marijuana and liquor licensure, regulation, enforcement and taxation. The Unit also represents the Department of Revenue in tax collection matters. Finally, the Unit provides advice and representation to all state clients facing bankruptcy-related legal issues, often in partnership with other Department of Law attorneys.

Motor Vehicle & Enforcement (MVE) Unit

The MVE Unit provides legal advice and representation to the Division of Motor Vehicles, Motor Vehicle Dealer Board, and the Gaming, Racing, and Lottery Commissions within the Department of Revenue. Unit attorneys provide general counsel advice on relevant legal matters, including rules, open records requests, contracts and procurement issues, and all levels of litigation. The MVE Unit also provides legal advice and representation to the Transportation Section Trial Staff of the Public Utilities Commission on issues related to the regulation of taxis, limousines, towing carriers, hazardous materials carriers, movers and Transportation Network Companies.

Public Utilities Commission Litigation (PUC) Unit

The PUC Unit advises and represents Trial Staff of the Public Utilities Commission on fixed utilities litigation before the PUC, including gas, electric, telephone, and water/sewer. The PUC regulates the rates, charges, services and facilities of public utilities within the State.

Civil Litigation and Employment Law

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Corrections and Public Safety Unit

The Corrections and Public Safety Unit provides representation and legal advice to the Colorado Department of Corrections, the Parole Board, all divisions of the Department of Public Safety including the Colorado State Patrol, the Colorado Bureau of Investigation, the Division of Criminal Justice, the Division of Fire Prevention and Control, the Division of Homeland Security and Emergency Management, the School Safety Resource Program, and the Safe2Tell Program within the Office of the Attorney General.  The unit defends inmate lawsuits involving various issues, including constitutional rights, time computation, prison discipline proceedings, habeas corpus petitions, parole and contract-related matters.

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Employment/Personnel and Civil Rights Unit

The Employment/Personnel and Civil Rights Unit advises state government agencies regarding classified employees and defends the State and its employees in employment disputes.  The Unit represents all agencies and most institutions of higher education in personnel hearings and matters before the State Personnel Board and on appeal.  The Unit also provides advice and training to state agencies, institutions of higher education and employees regarding personnel matters.

The Unit's attorneys adivse the Colorado Civil Rights Division within the Department of Regulatory Agencies in conjunction with the Civil Rights Division’s investigation of charges of employment, housing and public accommodations discrimination, and prosecutes those cases which have been noticed for hearing by the Colorado Civil Rights Commission.  The Unit also provides counsel to the POST Board within the Office of the Attorney General.

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Employment Tort Unit

The Employment Tort Unit defends state agencies, institutions of higher education, and employees in state and federal court employment litigation.  The attorneys handle cases from inception through appeal.  The cases involve claims arising under a myriad of federal and state statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Fair Labor Standards Act, The Family Medical Leave Act, the Equal Pay Act, the Age Discrimination in Employment Act, the state whistleblower act, and other employment laws as well as federal civil rights laws and constitutional claims.  Unit attorneys also provide advice and risk reduction training to state agencies and institutions of higher education regarding employment law.  The Unit advises the State Risk Management Division on questions of coverage, indemnity, settlements, and conflicts.

law dictionary term

Tort Litigation Unit

The Tort Litigation Unit defends state agencies, institutions of higher education, and employees in lawsuits seeking damages for personal injury and property damage, and those brought pursuant to federal law (except for employment claims).  The Unit also provides day-to-day advice to the Colorado Office of Risk Management on questions of coverage, indemnity, settlement, and applicability of the Colorado Governmental Immunity Act (CGIA).  Members of this Unit aggressively defend the State and seek to minimize the monetary liability of the State in a variety of lawsuits.  In addition, the Unit provides most of the conflicts counsel to state regulatory agencies, boards, and commissions.

Transportation Unit

The Transportation Unit acts as a general service law firm to the Colorado Department of Transportation (CDOT) and the Colorado Transportation Commission, with the exception of personnel and tort matters. The Unit also represents the Colorado Bridge Enterprise and the Colorado High Performance Transportation Enterprise, which are government-owned TABOR-exempt enterprises and divisions within CDOT. The Unit files condemnation actions on behalf of CDOT, defends inverse condemnation cases, and brings and defends administrative actions. The Unit also handles access control, highway beautification, and billboard permit disputes, and assists CDOT with protests brought under the Procurement Code. The Unit advises CDOT in construction matters and represents CDOT in construction dispute review boards, arbitration and litigation. Members of the Unit review, revise, and approve CDOT contracts, assist in drafting and negotiating contracts, including public-private partnership contracts, and provide legal advice on rulemaking, legislation, and any other legal matters that arise.

Workers’ Compensation Unit

The Workers' Compensation Unit defends state agencies and institutions of higher education in workers' compensation matters. The attorneys manage litigation from inception through hearings and appeals, including fully contested claims, challenges to specific disability and medical benefits, penalty allegations, petitions to review, and cases with subrogation issues. The attorneys also represent the Subsequent Injury Fund and the Major Medical Insurance Fund in the Division of Workers' Compensation. The attorneys provide formal training and day-to-day advice to the state Risk Management's Workers' Compensation Division, state agencies, and the State's third-party-claims administrator, regarding workers' compensation law, liability exposure, and settlements.

State Services

Human Services Unit

The Human Services Unit represents the State Department of Human Services in administrative courts, District courts and federal courts in actions involving county findings of child abuse or neglect, the revocation or suspension of child care licenses, its transactional and procurement disputes, and representation of the Division of Youth Corrections, the Mental Health Institutes in Pueblo and at Fort Logan, Division of Vocational Rehabilitation and Food Assistance, and the  State Long Term Care Ombudsman.

Public Utilities Commission Unit

This Unit provides legal advice and representation to the Public Utilities Commission and their advisory staff members.  Areas of representation include electricity, gas, telecommunications, transportation, and other regulated public utility matters.  This Unit evaluates the law supporting the public interest in adjudications, rulemakings, and other administrative proceedings; and drafts and reviews written decisions constituting the official actions of the Commission.  This Unit also represents the Commission in judicial appeals of its decisions and advises on proposed legislation and matters before federal regulatory agencies.

Health Care Unit

The Health Care Unit represents the Colorado Department of Health Care Policy and Financing which administers the Medicaid program, the Children’s Health Plan and Colorado Indigent Care Program.  The unit also represents the health programs within the Colorado Department of Public Health and Environment which includes health facilities, emergency medical services, the medical marijuana registry, disease control and epidemiology, vital records, and the state laboratory. Representation of these agencies also includes providing counsel to the Medical Services Board and the State Board of Health.

Public Officials Unit

The Public Officials Unit represents the statewide elected officials as well as the Judicial Department, the Department of Local Affairs, the Department of Military and Veterans Affairs, the State Auditor, the Office of Economic Development and International Trade, the Office of Information Technology, and the License Plate Auction Group.  The Unit primarily handles litigation and appeals in complex civil cases that frequently involve legal questions of first impression and public policy matters of statewide or national importance.  Other duties include handling escheat and unclaimed property review, drafting formal and informal Attorney General Opinions, and contract reviews for client agencies.

Labor Unit

The Labor Unit provides legal advice and representation to the Colorado Department of Labor and Employment and its eight divisions, and to the Colorado Department of Personnel and Administration and its five divisions and the Colorado Board of Assessment and Appeals in the Department of Local Affairs.  The Unit represents the State Controller and reviews or provides legal advice on hundreds of state contracts involving expenditures of millions of dollars, and it represents DPA in many administrative and judicial disputes over state purchasing.  Enforcement of Worker Compensation Insurance statutes and Oil and Public Safety statutes covers hundreds of cases each year, along with general oversight of the state classified employment system and state archives.

K-12 Education Unit

The K-12 Education Unit represents the subdivisions of Colorado government responsible for K-12 education, including the Colorado Department of Education, the Colorado Board of Education, the Teacher Licensure Division, the Colorado State Charter School Institute, the Colorado School for the Deaf and Blind, and the BEST (Building Excellent Schools Today) Board. The Unit provides general advice to clients, including: board representation, transactional matters, open meetings and open records, drafting formal and informal opinions on education issues, and rule and policy drafting.  The Unit handles litigation in state, federal and administrative courts, in matters ranging from administrative hearings on teacher licensure matters, to complex constitutional challenges to education-related statutes, with an emphasis on school finance issues.

Higher Education Unit

The Higher Education Unit represents all of the state’s public colleges and universities, the community college system, the Department of Higher Education, including the Division of Private Occupational Schools, the Colorado Historical Society, and the Commission on Higher Education.  The Unit’s advice covers a wide range of state and federal compliance issues, board governance, transactional matters, open meetings, open records, formal and informal opinions, rule and policy drafting, and federal regulatory compliance including ADA, FERPA, and Title IX.  The Unit handles litigation in state, federal and administrative courts.

Natural Resources and Environment

Parks & Wildlife, Trust Lands, and Resource Conservation Units

Three units in the NRE Section represent the boards, commissions, and divisions of DNR that regulate state lands, school trust lands, and extractive industries, including: the Oil and Gas Conservation Commission (COGCC) which regulates oil and gas operations throughout the State; the Division of Reclamation, Mining and Safety (DRMS) which regulates prospecting, exploration, mining, and reclamation operations statewide; the Colorado State Board of Land Commissioners (SLB) which manages perpetual public trusts to support public schools and public institutions; and the Parks & Wildlife Commission and Division (CPW) which manages state wildlife areas and state parks, hunting and fishing programs, recreational trails, vessels, snowmobiles, off-highway vehicles and river outfitters.

Water Conservation, Water Resources, and Federal & Interstate Water Units

Three units in the NRE Section represent the boards, commissions, and divisions of DNR that protect and administer water rights within Colorado and safeguard the State’s interests in interstate rivers and the State’s allocations in interstate compacts and agreements, including:  the Colorado Water Conservation Board (CWCB) which acquires water for instream flows to preserve the natural environment, reviews applications for recreational in-channel diversions (kayak courses), approves grants and loans to water providers, adopts rules on weather modification and regulation of floodplains; the Colorado Division of Water Resources (State Engineer and seven Division Engineers) which administers water rights throughout the State; and the Colorado Ground Water Commission which regulates designated ground water basins.

The importance of water originating in Colorado cannot be overstated.  Colorado is home to the headwaters of four major river systems: The Platte, Arkansas, Rio Grande, and Colorado.  These rivers serve as the lifeblood for our population, economy, environment, and way of life from our iconic mountains to our vast plains.  They also serve to provide water to tens of millions of people living in 19 states and Mexico. As a headwaters state, Colorado must honor the division of waters between its citizens and those of other states as set forth in nine interstate compacts, two Supreme Court equitable apportionment decrees, and two memorandums of understanding to which Colorado is a party. These agreements, decisions, and understandings govern how much water Colorado is entitled to use and consume within its boundaries.  The Attorney General’s Office represents state agencies and compact commissioners in matters of water allocation among states, in intrastate matters, and in matters involving the federal government.

Hazardous & Solid Waste, Air Quality, and Water Quality & Radiation Units

Three units in the Section represent the divisions, offices, boards, and commissions within CDPHE that oversee environmental protection programs, including the Hazardous Waste Commission and the Hazardous Materials
Waste Management Division which regulate hazardous and solid waste and approve Brownfields and voluntary cleanups; the Air Quality Control Commission and the Air Pollution Control Division which adopt and implement programs to regulate air pollution and improve air quality; the Colorado Energy Office in the Governor’s Office which promotes effective and efficient production and consumption of energy in the State; the Water Quality Control Commission and Division which adopt and implement standards to protect water quality; and the Radiation Management Program which regulates sources of radiation throughout the State.  The Section also represents Colorado’s Natural Resources Trustees in their efforts to ensure any injuries to Colorado’s natural resources are compensated, and that projects initiated with recovered damages are used to replace or restore those damaged resources.

Endangered Species Assessment

Colorado’s citizens treasure the state’s natural wonders, including our diverse wildlife, fish, and plant resources and the complex ecosystems needed to support them.  Colorado Parks and Wildlife has the responsibility of managing and conserving wildlife and its habitat in Colorado under the guidance of both state and federal laws.  One of the federal laws that has played an increasingly important role in Colorado’s wildlife management is the Endangered Species Act (ESA).  The ESA, which aims to ensure species designated endangered or threatened and their habitat upon are conserved and protected, plays an increasingly important role in Colorado’s wildlife management.

Colorado’s endangered and threatened species include the black-footed ferret, the Canada lynx, two species of meadow jumping mouse, four species of fish in the Colorado River Basin, the Gunnison sage-grouse, the southwestern willow flycatcher, and a variety of plants.  Colorado is currently challenging the decision to list the Gunnison sage-grouse as threatened.  Other Colorado species being considered for listing include the boreal toad and the Arkansas darter.  Collaborative efforts to protect the greater sage-grouse by western states, federal agencies, local governments, and landowners, have resulted in a recent decision not to list that species.

As our state’s population grows and spreads, many species require special attention to ensure they can continue to thrive.  The AG’s office provides legal guidance for the Department of Natural Resources to engage with the federal government to maximize the ability of state agencies to jointly manage wildlife, habitat, and natural resources in a way that is compatible with continued prosperity for the people of Colorado.  When necessary to protect the state’s multiple interests, the office challenges actions that are not in accordance with the ESA.

ESA Complaint

 

Criminal Appeals

Colorado Uniform Consumer Credit Code

The Administrator of the Uniform Consumer Credit Code (UCCC) has issued an Administrator Opinion, dated August 7, 2017.  Please click here to read the Administrator Opinion. 


The Colorado Uniform Consumer Credit Code (UCCC) is a state law that regulates the terms and conditions of consumer credit in the State of Colorado.  It sets maximum rates and charges, requires disclosure of the cost of credit so consumers may shop for the best rates, and provides remedies for consumers on default.  The UCCC does not apply to first mortgage residential acquisition and refinance loans except for its sections on disclosures of the cost of credit, certain consumer remedies, and administrative powers.  Most other consumer credit transactions such as payday loans, automobile loans, second mortgages, state-issued credit cards, and signature loans are subject to the UCCC. 

 
The Colorado Attorney General’s Office, through the Administrator of the Uniform Consumer Credit Code, investigates complaints about lenders and creditors, licenses non-bank lenders such as finance companies and payday lenders, and takes appropriate disciplinary or legal action when a creditor violates the law.  This office cannot give legal advice nor can we represent individual consumers in actions against creditors.  Consumers may bring legal action against creditors under the UCCC.