Colorado Telemarketing Fraud Laws

As soon as we had phones, it seems we had annoying telemarketing calls as well. And while it may not feel like there are regulations keeping them from calling right in the middle of dinner, it turns out the Rocky Mountain State has extensive laws regulating telemarketers. This is a quick summary of telemarketing fraud laws in Colorado.

Statutes Regulating Telemarketing

Colorado’s Attorney General's Office regulates telemarketers operating in the state, including investigating telemarketing fraud and enforcing the state’s telemarketing restrictions. Additionally, because many telemarketing calls are placed across state lines, telemarketing fraud can also be a federal crime, investigated and prosecuted by the Federal Trade Commission (FTC).

Colorado Telemarketing Fraud Statutes

The following table outlines Colorado’s telemarketing fraud laws.

Code Sections

COL. REV. STAT. §6-1-301, et seq.

What is Required or Prohibited?

COL. REV. STAT. §6-1-303: Commercial telephone sellers must register with the attorney general. Each registration is valid for one year.

COL. REV. STAT. §6-1-304: The following are unlawful telemarketing practices:

  • Conducting business as a commercial telephone seller without having registered with the attorney general;
  • Failure to allow the purchaser in any telephone sales transaction to cancel any purchase or agreement to purchase goods, services, or property at any time before the expiration of three business days after the purchaser's receipt of such goods, services, or property;
  • Failure to refund all payments made by any purchaser in any telephone sales transaction within thirty days after the commercial telephone seller receives notice of cancellation from the purchaser;
  • Failure to disclose to the purchaser during a telephone solicitation that the purchaser has the cancellation rights;
  • Misrepresenting to any person that the person has won a contest, sweepstakes, or drawing, or that the person will receive free goods, services, or property;
  • Representing that the seller's goods, services, or property are "free" if the commercial telephone seller charges or collects a fee from the purchaser in exchange for providing or delivering such goods, services, or property;
  • Engaging in any deceptive trade practice;
  • Listing a cellular telephone number in a directory for a commercial purpose unless the person whose number has been listed has given affirmative consent, through written, oral, or electronic means, to such listing; or
  • Using a scanning device or other electronic means to identify a cellular telephone number and to make a commercial telephone solicitation to a cellular telephone.

Penalty

COL. REV. STAT. §6-1-305: Violating telemarketing laws is a Class 1 Misdemeanor, punishable by up to 18 months in jail, a $5,000 fine, or both.

Civil Case

A person who engages in any unlawful telemarketing practice as listed above is liable in a private civil action.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

You can take steps to protect yourself from telemarketing fraud or learn more about Colorado telemarketing fraud laws:

Get a Free Case Assessment

If you find yourself accused of violating Colorado telemarketing fraud laws legal assistance can be a huge assistance. Communications-related criminal charges in state court can easily result in additional federal charges. Consider getting a free evaluation of your case from a local attorney.

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