Date: 02/18/2014

Final
BILL SUMMARY for HB14-1109

HOUSE COMMITTEE ON BUSINESS, LABOR, ECONOMIC, & WORKFORCE DEVELOPMENT

Votes: View--> Action Taken:
Postpone House Bill 14-1109 indefinitely. The motiPASS



10:21 AM -- HB 14-1109

Representative Williams called the meeting to order. A quorum was present. Representative Ginal, sponsor, presented House Bill 14-1109, concerning the protection of consumers from liability resulting from the use of unsolicited checks. The bill amends the Colorado Uniform Consumer Credit Code (UCCC) to:

• limit the liability of consumers who receive unsolicited checks, such that a consumer who does not accept an unsolicited check by using it is not liable for any debt related to the check;
• require that credit card issuers that produce unsolicited checks disclose specific financial consequences of using such a check;
• require that credit card issuers that produce unsolicited checks distribute these checks in an envelope that does not indicate the contents are an unsolicited check; and
• void any check or other consumer agreement that interferes with a consumer's rights under the bill.

The bill also amends the Colorado Consumer Protection Act (CCPA) to include within the definition of deceptive trade practices violations of the UCCC under the bill.

Representative Ginal discussed the intent of her bill. She discussed the issues related to unsolicited checks and mail theft, and other states' legislation on the issue. She discussed Colorado's ranking for identity theft. She discussed the effect on an individual who has an unsolicited check stolen, including interest fees and other financial hardships. She stated that after discussions with industry representatives, she decided that this legislation was not necessary because the consumer has the opportunity to refute the dollar amount of a stolen check on their credit card statement within 60 days. She requested a motion to postpone the bill indefinitely.


BILL:HB14-1109
TIME: 10:27:13 AM
MOVED:Kraft-Tharp
MOTION:Postpone House Bill 14-1109 indefinitely. The motion passed on a vote of 11-0.
SECONDED:Rosenthal
VOTE
Exum
Yes
Hamner
Yes
Holbert
Yes
Navarro
Yes
Nordberg
Yes
Rosenthal
Yes
Ryden
Yes
Szabo
Yes
Wright
Yes
Kraft-Tharp
Yes
Williams
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS