Legal Definitions - Colorado

Colorado, in the context of consumer protection and electronic communication laws, refers to the specific statutes enacted by the state of Colorado to regulate commercial solicitations, prevent deceptive trade practices, and criminalize certain harmful uses of electronic and telephonic communication. These laws aim to protect residents from unwanted spam emails, unsolicited faxes, intrusive telemarketing calls, and abusive or obscene electronic messages.

Key areas covered by Colorado law include:

• Consumer Protection Against Unwanted Solicitations and Deceptive Practices: Colorado has established rules to limit unsolicited commercial emails (spam), requiring senders to meet specific criteria and prohibiting deceptive tactics. It also regulates telemarketing calls, requiring telemarketers to register with the state and respect a "Do Not Call" registry. Charitable organizations conducting telephonic solicitations are also subject to specific limitations. Sending unsolicited advertisements via fax is also prohibited. Violations of these anti-solicitation rules are often classified as "deceptive trade practices" under Colorado's broader consumer protection statutes.
• Example 1 (Spam Email): A new online retailer, based outside Colorado, sends an email blast to thousands of Colorado residents promoting a "limited-time offer" for a product. The email's subject line falsely claims to be a "shipping update" for a recent purchase, and there is no clear, functional unsubscribe link provided in the message.
  • Explanation: This scenario illustrates a violation of Colorado's Spam Reduction Act. The use of a deceptive subject line and the absence of a clear unsubscribe mechanism make this commercial email a prohibited deceptive trade practice under Colorado law.
• Example 2 (Telemarketing and Do Not Call): A home improvement company repeatedly calls a Colorado resident's landline, even though the resident has been registered on the Colorado No-Call List for several years. The company's representative also fails to disclose their name and the company's purpose at the beginning of the call.
  • Explanation: This situation demonstrates a violation of both the Colorado No-Call List Act and the Prevention of Telemarketing Fraud Act. The company is calling a registered number and failing to provide required disclosures, which are illegal telemarketing practices in Colorado.
• Example 3 (Unsolicited Faxes): A local dry cleaning business faxes promotional coupons and advertisements for its services to hundreds of businesses in a Colorado city without any prior business relationship or permission from the recipients.
  • Explanation: This action falls under Colorado's prohibition against sending unsolicited advertisements via fax machines, classifying it as a deceptive trade practice under state law.
• Prohibitions on Harmful Electronic Communications: Colorado law also addresses the misuse of electronic and telephonic means for harmful purposes. This includes making it a crime to send "obscene" communications or to use these methods to harass or threaten another person.
• Example 1 (Obscene Communications): An individual uses a messaging app to send a series of highly explicit and graphic images and videos to a stranger's phone without consent. These images are widely considered offensive and lack any artistic or social value.
  • Explanation: This act would likely be considered a crime under Colorado law, which prohibits the use of electronic means to send "obscene" communications.
• Example 2 (Harassment/Threats): Following a dispute, one person repeatedly sends threatening text messages and social media posts to another, including specific threats of violence and intimidation, causing the recipient to fear for their safety.
  • Explanation: This behavior constitutes a computer-related crime under Colorado law, specifically the prohibition against using electronic or telephonic means to harass or threaten another person.