(1) Fails to comply with section 4-9-208;
(2) Fails to comply with section 4-9-209;
(1) Such dollar amount shall not be increased if such final consumer price index does not reflect an aggregate increase in the consumer price index for the preceding three calendar years and shall be decreased if such final consumer price index reflects an aggregate decrease in the consumer price index for the preceding three calendar years.
(2) The dollar amount as adjusted pursuant to this subsection (j) shall be rounded to the nearest ten dollars.
Source: L. 2001: Entire article R&RE, p. 1417, § 1, effective July 1. L. 2002: (j)(1) amended, p. 939, § 8, effective August 7.
Editor's note: (1) This section is similar to former § 4-9-507 as it existed prior to 2001.
(2) Colorado legislative change: Colorado did not adopt the phrase "with a request under section 4-9-210" after the word "comply" in the second sentence of subsection (b), added the phrase "list or" in subsection (g), and added subsections (h) through (j).
Damages for violation of the requirements of this Article, including Section 9-609, are those reasonably calculated to put an eligible claimant in the position that it would have occupied had no violation occurred. See Section 1-106. Subsection (b) supports the recovery of actual damages for committing a breach of the peace in violation of Section 9-609, and principles of tort law supplement this subsection. See Section 1-103. However, to the extent that damages in tort compensate the debtor for the same loss dealt with by this Article, the debtor should be entitled to only one recovery.
Following former Section 9-507(1), this Article does not include a definition or explanation of the terms "credit service charge," "principal amount," "time-price differential," or "cash price," as used in subsection (c)(2). It leaves their construction and application to the court, taking into account the subsection's purpose of providing a minimum recovery in consumer-goods transactions.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 9 - Secured Transactions
§ 4-9-602. Waiver and Variance of Rights and Duties
§ 4-9-603. Agreement on Standards Concerning Rights and Duties
§ 4-9-604. Procedure if Security Agreement Covers Real Property or Fixtures
§ 4-9-605. Unknown Debtor or Secondary Obligor
§ 4-9-606. Time of Default for Agricultural Lien
§ 4-9-607. Collection and Enforcement by Secured Party
§ 4-9-609. Secured Party's Right to Take Possession After Default
§ 4-9-610. Disposition of Collateral After Default
§ 4-9-611. Notification Before Disposition of Collateral
§ 4-9-612. Timeliness of Notification Before Disposition of Collateral
§ 4-9-613. Contents and Form of Notification Before Disposition of Collateral: General
§ 4-9-615. Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus
§ 4-9-616. Explanation of Calculation of Surplus or Deficiency - Definitions
§ 4-9-617. Rights of Transferee of Collateral
§ 4-9-618. Rights and Duties of Certain Secondary Obligors
§ 4-9-619. Transfer of Record or Legal Title
§ 4-9-621. Notification of Proposal to Accept Collateral
§ 4-9-622. Effect of Acceptance of Collateral
§ 4-9-623. Right to Redeem Collateral
§ 4-9-625. Remedies for Secured Party's Failure to Comply With Article
§ 4-9-626. Action in Which Deficiency or Surplus Is in Issue
§ 4-9-627. Determination of Whether Conduct Was Commercially Reasonable