Colorado Legislative Council Staff

REVISED NO FISCAL IMPACT

(replaces no fiscal impact dated February 2, 1999)

TITLE:            CONCERNING AMENDMENTS TO THE "COLORADO CONSUMER PROTECTION ACT", AND, IN CONNECTION THEREWITH, LIMITING THE CLASS OF POTENTIAL PLAINTIFFS TO CONSUMERS OF A DEFENDANT'S GOODS, SERVICES, OR PROPERTY, RESTRUCTURING THE NONECONOMIC DAMAGES PROVISIONS, EXEMPTING CERTAIN SALES OF REALTY, AND REORGANIZING PROVISIONS FOR CLARITY.

Summary of Assessment

            The reengrossed bill limits the class of potential plaintiffs under the citizen-suit provisions of the "Colorado Consumer Protection Act" (Act) to actual or potential consumers of the defendant's goods or services, legislatively overruling recent Colorado Supreme Court precedent that would allow recovery by persons other than consumers. It makes changes to the civil penalties providing for a penalty of three times the amount of actual damages sustained or $5,000, whichever is less, plus exemplary damages. The bill, as amended by the Senate, eliminates the exclusion from the Act of private claims against homebuilders where a certificate of occupancy or other final disposition or approval is issued by a local government, contained in the bill as introduced. The bill would become effective upon signature of the Governor, and would apply to acts committed on or after that date.

            The provisions of the bill will affect the rights of persons to sue under the citizen-suit provisions. The provisions of the bill will not affect any state agency, or unit of local government. Therefore, this bill is assessed as having no fiscal impact.

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