No. 20CA1692, Colorado v. Center for Excellence — Consumers — Colorado Consumer Protection Act — Unfair or Deceptive Trade Practices — Enforcement — Significant Public Impact

August 26,2021

A division of the court of appeals considers whether a 2019 amendment to the Consumer Protection Act, section 6-1-103, C.R.S. 2020 — which provides that an action brought by the Attorney General “does not require proof that a deceptive trade practice has a significant public impact” — applies retroactively. The division concludes that the 2019 amendment constituted a change in the law and the change does not apply retroactively. On this basis, the division further concludes that each of the Consumer Protection Act claims in this case must be retried because the trial
court erred when it decided that the Attorney General did not have to prove that defendants’ conduct significantly impacted the public.