Protections Against Deceptive Pricing Practices

The act:

• Prohibits a person from offering, displaying, or advertising pricing information for a good, service, or property unless the person clearly and conspicuously 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 unless voluntarily included (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 clearly and conspicuously 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 or including in a written rental agreement a provision that requires the tenant to pay a fee, charge, or amount that is prohibited by the act.

A person complies with the disclosure requirements 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:

• 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;
• Can demonstrate that the total price of services the person offers is indeterminate at the time of the offer and clearly and conspicuously discloses the factors that determine the total price, any mandatory fees associated with the transaction, and that the total price may vary;
• Can demonstrate that the person is governed by and compliant with applicable federal law, rule, or regulation regarding pricing transparency for the particular transaction at issue;
• Can demonstrate that any fees, costs, or amounts in addition to the total price are associated with real estate settlement services and are not broker commissions or fees;
• Can demonstrate that the person is providing broadband internet access service or is a cable operator or broadcast satellite provider and is compliant with specified federal law; or
• Is a delivery network company that clearly and conspicuously discloses that an additional flat fee, variable fee, or percentage fee is charged, any mandatory fees associated with the transaction, and that the total price for the services may vary and complies with other requirements related to disclosure of the additional fee.

A landlord or landlord's agent is not required to include, in the required disclosure, the actual amount charged for utility services provided to a tenant's dwelling unit. Additionally, a person is exempt from the act if the person is governed by federal law that preempts state law.

A violation of the act constitutes a deceptive, unfair, and unconscionable act or practice and is subject to penalties under the "Colorado Consumer Protection Act". In addition to any other remedies available by law or in equity, in a dispute regarding property, a person aggrieved by a violation may send a written demand to the alleged violator:

• For reimbursement of any fee, charge, or amount unlawfully imposed and for any actual damages suffered; or
• To notify the alleged violator of their refusal to pay a prohibited fee, charge, or amount unlawfully imposed.

If an alleged violator 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 actual damages plus 18% interest, compounded annually.

The attorney general may adopt rules to implement the act.

(Note: This summary applies to this bill as enacted.)