This article shall be known and may be cited as “Uniform Consumer Credit Code – Administration”. Source: L. 2000: Entire article R&RE, p. 1244, § 1, effective July 1. Editor’s note: This section is similar to former § 5-6-101, as it existed prior to 2000.
This part 1 applies to persons who in this state: Make or solicit consumer credit transactions; or Directly collect payments from or enforce rights against consumers arising from sales, leases, or loans specified in paragraph (a) of this subsection (1) wherever they are made. Source: L. 2000: Entire article R&RE, p. 1244, § 1, effective […]
“Administrator” means the assistant attorney general to be designated by the attorney general. Any district attorney may, with the consent of the administrator, exercise the powers and perform the duties of the administrator as provided in section 5-6-104 (1)(a) and (1)(b) and sections 5-6-105 to 5-6-116. Source: L. 2000: Entire article R&RE, p. 1245, § […]
In addition to other powers granted by this code, the administrator, within the limitations provided by law, may: Receive and act on complaints, take action designed to obtain voluntary compliance with this code, or commence proceedings on his or her own initiative; Counsel persons and groups on their rights and duties under this code; Establish […]
With respect to supervised financial organizations, the powers of examination and investigation described in sections 5-2-305 and 5-6-106 and administrative enforcement described in section 5-6-108 shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the administrator under this code may be exercised by the administrator […]
If the administrator has reasonable cause to believe that a person has engaged in an act that is subject to action by the administrator, the administrator may make an investigation to determine if the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his or […]
Except as otherwise provided, the provisions of sections 24-4-102 to 24-4-106, C.R.S., apply to and govern all rules promulgated and all administrative action taken by the administrator pursuant to this article or the provisions on supervised loans contained in part 3 of article 2 of this title; except that section 24-4-104 (3), C.R.S., shall not […]
Any person aggrieved by any final action or order of the administrator and affected thereby is entitled to a review thereof by the Colorado court of appeals by appropriate proceedings under section 24-4-106 (11), C.R.S. Source: L. 2000: Entire article R&RE, p. 1247, § 1, effective July 1. Editor’s note: This section is similar to […]
After notice and hearing, the administrator may order a creditor or a person acting in the creditor’s behalf to cease and desist from engaging in violations of this code or any rule or order lawfully made pursuant to this code. The order issued by the administrator may also require the creditor or person to make […]
If it is claimed that a person has engaged in conduct subject to an order by the administrator described in section 5-6-108 or by a court described in sections 5-6-111 to 5-6-113, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. The assurance may […]
The administrator may bring a civil action to restrain a person from violating this code or rules or regulations promulgated thereunder and for other appropriate relief. Source: L. 2000: Entire article R&RE, p. 1248, § 1, effective July 1. Editor’s note: This section is similar to former § 5-6-110, as it existed prior to 2000. […]
The administrator may bring a civil action to restrain a creditor or a person acting in the creditor’s behalf from engaging in a course of: Making or enforcing unconscionable terms or provisions of consumer credit transactions; Fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions; Conduct of any of the types […]
With respect to an action brought to enjoin violations of this code under section 5-6-111 or unconscionable agreements or fraudulent or unconscionable conduct under section 5-6-112, the administrator may apply to the court for a temporary restraining order or a preliminary injunction against a respondent pending final determination of proceedings. If the court finds after […]
The administrator may bring a civil action against a creditor for making or collecting charges in excess of those permitted by this code, violating any of the provisions of this code applying to limitations on the schedule of payments or loan term for supervised loans or authority to make supervised loans, or for disclosure violations. […]
In an action brought by the administrator under this code, the administrator has no right to trial by jury, but this will not prevent a defendant from requesting a jury trial under the Colorado rules of civil procedure. Source: L. 2000: Entire article R&RE, p. 1252, § 1, effective July 1. Editor’s note: This section […]
The grant of powers to the administrator in this article does not affect remedies available to consumers under this code or under other principles of law or equity. Source: L. 2000: Entire article R&RE, p. 1252, § 1, effective July 1. Editor’s note: This section is similar to former § 5-6-115, as it existed prior […]
