Attorney General Phil Weiser files lawsuit against companies that deceived Colorado small business owners

July 18, 2025 (DENVER) – Attorney General Phil Weiser has filed a lawsuit against two companies and their owner after they mailed illegal advertisements to Colorado small businesses soliciting fees for services provided for free by the Colorado Secretary of State’s Office. The ads lacked disclaimers and other information required by state law.

In the lawsuit filed yesterday in Denver District Court, the attorney general’s office says the companies, Corporate Certificates and UCC Statement Service, both owned by Florida resident Brian Capobianco, sent tens of thousands of mailers to businesses that were designed to appear as though they were coming from the secretary of state’s office itself. The mailers seek exorbitant fees to obtain documents from the secretary of state that are available free of charge through the secretary of state’s website.

“Small businesses are the backbone of Colorado’s economy, and business owners shouldn’t have to deal with fraudsters trying to get them to pay for government documents they can easily get for free,” said Attorney General Weiser. “The law offers Coloradans protections by clearly stating what information must be included in advertisements like the ones in this case. Instead of following the law and making clear their mailers were ads, the defendant and his companies used illegal tactics to make a quick buck. I am committed to defending Colorado small businesses from fraudsters and won’t hesitate to take action against those who engage in deceptive conduct.”

The Colorado Secretary of State’s Office offers free certificates to businesses that show they are in good standing with the secretary of state and in compliance with the Uniform Commercial Code, or UCC. While soliciting businesses to pay for certificates of good standing or UCC financing statements is legal, the law requires solicitations for these and other similar services (e.g. filing reports with the secretary of state’s office) to include certain information.

Solicitations must include a disclaimer in 24-point font stating, “This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer.” Companies that send these types of solicitations must also tell recipients where businesses can file and obtain documents directly from the government and are prohibited from designing solicitations that appear to come from an official government agency or appear to be a bill or invoice from the government.

Attorney General Weiser is asking the court to issue an order barring the defendants from this illegal conduct, requiring the defendants to pay civil penalties and restitution, and to pay for the state’s fees and costs.

Read the complaint filed in Denver District Court (PDF). The complaint includes images of examples of the illegal solicitations sent by the defendant’s companies.

Coloradans who believe they have received deceptive or otherwise illegal solicitations are encouraged to file a complaint with the attorney general at StopFraudColorado.gov.

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