2020 Colorado Revised Statutes
Title 6 - Consumer And Commercial Affairs
Article 16. Colorado Charitable Solicitations Act
Section 6-16-106. Contributor's right to cancel.
(1) In addition to any right otherwise provided by law with respect to the binding nature of an agreement or pledge to make a charitable contribution, a contributor shall have the right to cancel his agreement or pledge to contribute as follows:
With respect to a solicitation in which the paid solicitor knowingly fails to complywith this article, at any time; or
Until 12 midnight of the third business day, or with respect to a nonmonetary contribution, until 12 midnight of the first business day after the day on which the contributor receives a written confirmation of contribution pursuant to section 6-16-105.
Cancellation occurs when the contributor gives written or oral notice of the cancellation to the paid solicitor at the address or telephone number stated in the written confirmation of contribution.
Notice of cancellation, if given by mail, is given at the time it is properly addressedand deposited in a mail box with proper postage.
A particular form shall not be required for a notice of cancellation, and such noticeshall be sufficient if it indicates the intention of the contributor to cancel his pledge to contribute.
Within ten days after a notification of cancellation has been received by the paidsolicitor, the paid solicitor shall tender to the contributor any contribution made and any note or other evidence of indebtedness.
Allowing for ordinary wear and tear or consumption of the goods contemplated bythe transaction, within a reasonable time after an agreement or pledge to contribute has been cancelled, the contributor upon demand must tender to the paid solicitor any goods or items delivered by the paid solicitor in connection with the contribution but shall not be under obligation to tender at any other place than where the goods or items were delivered. If the paid solicitor fails to demand possession of the goods or items within a reasonable time after cancellation, the goods or items become the property of the contributor without obligation to contribute. For purposes of this subsection (6), forty days is presumed to be a reasonable time.
Source: L. 88: Entire article added, p. 355, § 1, effective July 1. L. 89: Entire section R&RE, p. 365, § 4, effective July 1.
