Colorado TCPA and telemarketing law
Colorado has its own telemarketing statute with a private right of action.
| Statute | C.R.S. § 6-1-901 et seq.; C.R.S. § 6-1-301 et seq. | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Colorado regulates telemarketing through two parts of its Consumer Protection Act. The Colorado No-Call List Act (C.R.S. 6-1-901 et seq.) bars telephone solicitations to residential and wireless subscribers who have added their number to the state no-call list, and bans blocking caller ID. Its definition of telephone solicitation expressly includes text messaging. Part 3 (6-1-301 et seq.) requires commercial telephone sellers to register with the attorney general.
Calls made with the subscriber's prior express invitation or permission, within an established business relationship, or within 30 days of a consumer inquiry are not telephone solicitations. A residential subscriber who receives an unlawful solicitation can sue for the greater of actual damages or $500, or three times actual damages for bad faith conduct, plus attorney fees. Class actions recover actual damages only. The attorney general can seek up to $20,000 per violation.
Source: C.R.S. § 6-1-901 et seq.; C.R.S. § 6-1-301 et seq. ↗