Colorado Fair Debt Collection Law
The Colorado Revised Statutes Section 5-1-101 to 5-12-105 and 12-14-101 to 12-14-137 deal with debt collection agencies and attorneys who regularly engage in debt collection. Indeed, Colorado has its own Fair Debt Collection Practices Act, which to a great extent mirrors the federal Fair Debt Collection Practices Act, in that it says that:
- Debt collectors can’t use obscene or profane language, threaten you, accuse you of committing a crime, or physically harm you or others
- A debt collection agency can only call between 8:00 a.m. and 9:00 p.m., unless you request to be contacted at other times
- Debt collectors can’t call you and speak to you three times in one day
- Debt collectors can’t contact you via postcard or use envelopes that indicate the correspondence is from a collection agency
- When contacting third parties, a debt collector must give his name, but not the collection agency’s name (unless asked); neighbors and relatives can only be contacted to obtain your address and phone number
- When telephoning you, a debt collector must give his name or an alias that’s registered with the Colorado Collection Agency Board within 60 seconds
- A debt collector can’t pretend to be an attorney if he is not a lawyer
- A debt collection agency can’t send documents that appear to be legal documents when they’re not
- Within five days of contacting you, the debt collection agency must provide you with a written notice outlining the amount you owe and the name of the creditor
- You can dispute any or all of the debt, in writing, within 30 days of receiving the first notice; the debt collection agency can’t contact you again until it mails you proof that you owe the debt and the name of the original creditor
- You can request, in writing, that the debt collection agency not call you or send written notices to your home or workplace, or that they can only call during certain times of the day
- You can request, in writing, that the debt collector provide one free copy of your payment history
- A debt collector can’t contact you if you’ve notified the debt collection agency that you’re being represented by an attorney
- A debt collection agency can’t publish or post your name
- Debt collection agencies can’t collect an amount greater than what you owe or misstate the amount owed
- A debt collection agency can’t report false information about you to credit bureaus
- A debt collector can’t trick you into paying for a collect call or telegram
- A debt collection agency can’t prematurely deposit a postdated check
Colorado law allows individual consumers to sue debt collection agencies and attorneys who regularly engage in debt collection. A successful lawsuit filed in the state can result in an award of actual damages, penalties of up to $1,000, costs, and attorney fees. With the exception of penalties (which aren’t available if awarded in a federal FDCPA lawsuit), this is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated Colorado state law and the FDCPA, we’ll take your case absolutely free.
File a Complaint
If you’ve been the victim of illegal fair debt or fair credit practices, you should file a complaint with the Colorado Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can file an online complaint with the Colorado Attorney General’s office by clicking here.
Here’s the contact information to call or send a written complaint to the Colorado Collection Agency Board at the Attorney General’s office:
Colorado Collection Agency Board
1525 Sherman St., 7th Floor
Denver, CO 80203
303-866-5304 or 800-222-4444
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
