Colorado Code
Part 1 - Consumer Protection - General
§ 6-1-110. Restraining Orders - Injunctions - Assurances of Discontinuance

(1) [ Editor's note: This version of subsection (1) is effective July 1, 2023. ] Whenever the attorney general or a district attorney has cause to believe that a person has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing the practices, or engaging therein, or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the use or employment by the person of any such deceptive trade practice or that may be necessary to completely compensate or restore to the original position of any person injured by means of any such practice or to prevent any unjust enrichment by any person through the use or employment of any deceptive trade practice.

(2) [ Editor's note: This version of subsection (2) is effective July 1, 2023. ] Where the attorney general or a district attorney has authority to institute a civil action or other proceeding pursuant to the provisions of this article 1, the attorney general or district attorney may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1. The assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of any such deceptive trade practice. Any such assurance of discontinuance accepted by the attorney general or a district attorney and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general or the district attorney determines, at the discretion of the attorney general or district attorney, that it will be confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general or a district attorney alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (2) has been violated, the assurance of discontinuance or stipulation becomes a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general or a district attorney, whether a new action or a subsequent motion or petition in any pending action or proceeding.



Source: L. 69: p. 374, § 7. C.R.S. 1963: § 55-5-7. L. 77: Entire section amended, p. 349, § 6, effective July 1. L. 86: Entire section amended, p. 446, § 4, effective April 17. L. 87: Entire section amended, p. 358, § 7, effective July 1. L. 88: (2) amended, p. 344, § 2, effective July 1. L. 99: Entire section amended, p. 653, § 6, effective May 18. L. 2002: (3) added, p. 1603, § 4, effective June 7. L. 2007: (3) amended, p. 1723, § 11, effective June 1. L. 2008: (4) added, p. 2230, § 2, effective July 1. L. 2021: (1) and (2) amended, (SB 21-190), ch. 483, p. 3466, § 6, effective July 1, 2023.
Editor's note: Section 7(2) of chapter 483 (SB 21-190), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 1, 2023.

Structure Colorado Code