2020 Colorado Revised Statutes
Title 6 - Consumer And Commercial Affairs
Article 1. Colorado Consumer Protection Act
Section 6-1-107. Powers of attorney general and district attorneys.

Universal Citation: CO Rev Stat § 6-1-107 (2020)

(1) When the attorney general or a district attorney has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any deceptive trade practice listed in section 6-1105 or part 7 of this article, the attorney general or district attorney may:

  1. Request such person to file a statement or report in writing under oath or otherwise,on forms prescribed by him, as to all facts and circumstances concerning the sale or advertisement of property by such person and any other data and information he deems necessary;

  2. Examine under oath any person in connection with the sale or advertisement of anyproperty;

  3. Examine any property or sample thereof, record, book, document, account, or paperhe deems necessary;

  4. Make true copies, at the expense of the attorney general or district attorney, of anyrecord, book, document, account, or paper examined pursuant to paragraph (c) of this subsection (1), which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to sections 6-1-109 and 6-1-110; and

  5. Pursuant to any order of any district court, impound any sample of property which ismaterial to such deceptive trade practice and retain the same in his possession until completion of all proceedings undertaken under this article. An order shall not be issued pursuant to this paragraph (e) without full opportunity given to the accused to be heard and unless the attorney general or district attorney has proven by clear and convincing evidence that the business activities of the person to whom an order is directed will not be impaired thereby.

(2) Nothing in subsection (1) of this section shall be construed to allow a district attorney to enforce the provisions of this article beyond the territorial limits of his judicial district, unless the alleged deceptive trade practice or any portion of a transaction involving an alleged deceptive trade practice occurred in said district attorney's judicial district, or unless the principal place of business of any defendant is located in said district attorney's district, or unless any defendant resides in said district attorney's judicial district.

Source: L. 69: p. 373, § 4. C.R.S. 1963: § 55-5-4. L. 77: IP(1), (1)(d), and (1)(e) amended and (2) added, p. 348, § 3, effective July 1. L. 86: IP(1) amended, p. 445, § 3, effective April 17. L. 87: (2) amended, p. 358, § 6, effective July 1. L. 99: IP(1) amended, p. 653, § 5, effective May 18. L. 2013: IP(1) amended, (SB 13-248), ch. 270, p. 1417, § 1, effective July 1. L. 2017: IP(1) amended, (HB 17-1023), ch. 64, p. 204, § 2, effective March 20.

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