We have been following Senate Bill 11-068, which sought to eliminate the significant public impact component of claims under the Colorado Consumer Protection Act (the “CCPA”). That bill has now died in a House committee. The original version of the bill would have created a rebuttable presumption that a significant public impact occurred where a plaintiff offers evidence of a deceptive trade practice, and the bill was revised to completely do away with the element of a significant public impact in a CCPA cause of action. On February 22, SB 11-068 passed out of the Senate, and on February 25, the bill was introduced into the House, where it was assigned to the State, Veterans, and Military Affairs Committee. Today, on a 5-4 vote, the Committee moved to postpone indefinitely SB 11-068.
– Bret Cogdill