So-called "Consumer Protection Act" Increases Punitive Regulations; Gives More Power to Unaccountable Bureaucrats

SB11-068 by Sen. Morgan Carroll (D-SD29 Arapahoe Cty) and Rep. Judy Solano (D-HD31 Adams Cty) has passed out of the Judiciary Committe and is awaiting Second Reading in the Senate. Contact your State Senator about SB068.

In this time of economic uncertainty, our legislature should be focused on creating a more hospitable environment for businesses. No government stimulus program can result in net job growth – it is only private businesses that can create the job growth necessary to restore Colorado’s faltering economy.

Senate Bill 068 creates more economic uncertainty. This bill will expand the current list of 36 enumerated deceptive trade practices to an unlimited list, defined by a partisan officeholder. Under current statute, the courts can provide remedies for unlisted unfair trade practices. There is no reason to expand the already unwieldy list.

Further, the bill automatically broadens the scope of harm, regardless of actual harm, by creating an ill-defined “significant public impact”. That determination should be left to courts and is not in keeping with the American tradition of presumption of innocence. It assumes “significant public impact” when none may exist. Current law already provides that evidence of deceptive trade practice is “prima facie evidence of intent to injure competitors…” There is no compelling need to strengthen this provision.

By unnecessarily encouraging lawsuits against businesses, SB 068 creates more economic uncertainty. While promising to “protect consumers”, consumers will be adversely affected by this legislation as business costs increase, economic growth is hindered, and jobs are not created. SB 068 is the exact opposite of economic stimulation.

Walt Curtner, Chairman, CRBC Legislative Issues Committee