C.R.S. § 6-1-1706: Enforcement by the attorney general - deceptive trade practice - right to cure - no private right of action - joinder rules - reporting - repeal.

(1)

(a) The attorney general shall enforce this part 17 through the "Colorado Consumer Protection Act", this article 1.

(b) Violations of the disclosure requirements and consumer rights described in sections 6-1-1702, 6-1-1703, 6-1-1704, and 6-1-1705 are enforceable exclusively by the attorney general without regard to any other provision in this title 6.

(2)

(a) A violation of this part 17 is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", this article 1.

(b) Any provision of the "Colorado Consumer Protection Act", this article 1, that is inconsistent with the exclusive enforcement authority granted to the attorney general in this section for a violation of this part 17 does not apply to any such violation.

(3)

(a) Prior to any enforcement action for a violation of this part 17, the attorney general shall issue a notice of violation to a developer or deployer if a cure is deemed possible by the attorney general.

(b) If the developer or deployer fails to cure a violation within sixty days after receipt of a notice of violation, the attorney general may bring an action pursuant to this section.

(c) If the attorney general finds and can demonstrate that a developer or deployer knowingly violated this part 17 or a developer or deployer repeatedly violated this part 17, the attorney general is not required to provide a cure period before seeking penalties or other relief.

(d) If a violation is discovered in the course of an enforcement action, a court may consider that a developer or deployer cured the violation within sixty days after receipt of written notice as a mitigating factor in determining civil penalties or other monetary relief, if any.

(e) Beginning in January 2028, and in January every year thereafter, the attorney general shall include, as part of the department of law's presentation during its "SMART Act" hearing required by section 2-7-203, a report concerning enforcement actions brought and cure periods offered by the attorney general related to violations of this part 17, including:

(I) The number of actions filed by the attorney general against developers and deployers, respectively;

(II) The number of actions filed by the attorney general against developers and deployers, respectively, that were completed;

(III) The number of cure periods offered by the attorney general to developers and deployers, respectively;

(IV) The number of cure periods offered by the attorney general that were not met by developers and deployers, respectively; and

(V) The number of violations filed by the attorney general against developers and deployers, respectively, where a cure period was not deemed possible.

(f) This subsection (3) is repealed, effective January 1, 2030.

(4) Nothing in this part 17 creates a new private right of action. Nothing in this part 17 limits or reduces any existing rights or remedies available under state or federal law, including the "Colorado Anti-discrimination Act", parts 3 to 8 of article 34 of title 24; the "Colorado Consumer Protection Act", this article 1; product liability law; or other applicable law.

(5)

(a) The attorney general may adopt rules as necessary to implement and clarify this part 17.

(b) The attorney general may adopt rules to clarify the application of the definition of "materially influence", as defined in section 6-1-1701 (13), including presumptions, illustrative examples, and objective indicators.

(c) In adopting rules pursuant to this part 17, the attorney general shall utilize a process that meaningfully engages stakeholders, including consumer advocates, deployers, developers, and sector regulators, through public notice, opportunity for written comment, and at least one public hearing and shall adopt rules in accordance with section 24-4-103.

(6) Nothing in this part 17 limits the ability of a party to join necessary or permissive parties under the Colorado rules of civil procedure, including rules 19 and 20 of the Colorado rules of civil procedure, in any action arising under existing law.