Visit Colorado No-Call Web site where you can:
- Add or remove your number from the No-Call List
- File a complaint under the No-Call Law
- Look up the No-Call Law and related information
- Register as a telemarketer
No-Call Notes: A residential Consumer Checklist for you to print and keep by your phone if you get unwanted telephone solicitation.
The No-Call Law: The "Colorado No-Call List Act," part 9 of Title 6, Article 1 of the Colorado Consumer Protection Act, was enacted into law August 8, 2001. The effective date for enforcement purposes was July 1, 2002.
No-Call Law Information
How to Sign Up on the Colorado No-Call List
You can enroll your residential telephone, wireless and fax numbers on Colorado's No-Call List either by telephone or over the Internet. To register by phone, call toll-free, 1-800-309-7041. To register over the Internet, simply go to www.coloradonocall.com.
How to File a No-Call Complaint
Complaints under the No-Call Law must be filed with the Colorado Public Utilities Commission, through a company called Data Protection Group. You can do this by either calling toll-free, 1-800-309-7041, or by going to the No-Call website at www.coloradonocall.com and click on the Complaints link.
Exemptions from the No-Call Law
Please be aware that the No-Call Law contains some exceptions that allow businesses to solicit you by telephone even if your telephone, fax or wireless number is registered on the Colorado No-Call List. The following calls are allowed by the No-Call Law:
- Calls by or on behalf of charitable organizations.
- Calls made with your prior express invitation or permission.
- Calls by or on behalf of any person or entity with whom you have an established business relationship. An "established business relationship" is one that meets all 3 of the following criteria:
- It was formed voluntarily by both parties before the call
- It was not terminated by either party before the call
- It exists now or within the last 18 months.
- Calls made within 30 days after you contact a business to inquire about the potential purchase of goods or services or until you request that no further calls be made, whichever occurs first.
- Calls made for the sole purpose of urging support for or opposition to a political candidate or ballot issue.
- Calls made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.
Please note that the Colorado No-Call Law does not apply to business telephone or fax numbers.
Under the Colorado No-Call Law, businesses that contact telephone, fax or wireless numbers registered with the No-Call List may be violating the Colorado Consumer Protection Act, unless the call falls within a statutory exemption. Consumers have private remedies, such as a small claims court action, under the No-Call Law, and may recover a minimum of $500 per violation.
The Attorney General's office has jurisdiction to enforce the Colorado No-Call Law when a business has repeatedly violated the No-Call Law. The Attorney General's office does not have the authority to sue a business for isolated violations of the No-Call Law.
Information for Telemarketers
The No-Call Law requires businesses that make commercial telephone or fax solicitations to Colorado residents to subscribe to the Colorado No-Call List by registering and paying an annual fee to the Public Utilities Commission, through a contract company called Data Protection Group. For detailed information about the No-Call Law, how to register for the List and payment of fees, go to the Colorado No-Call website at www.coloradonocall.com.
Protecting Your Rights in Small Claims Court
1. Identify the caller. Use “No-Call Notes” to gather information during the call (business name, business address, business phone, date and time of call, goods or services offered, and any other important details).
2. Call the Small Claims Clerk in your county for information on local court procedures. Their number is in the phone book under “government,” and listed by county under “courts.”
3. Fill out a “Small Claims Notice, Claim and Summons To Appear for Trial.” This is available from the courthouse, or on the web at www.courts.state.co.us. Click “Self-Help Center” to download and print the form.
4. Important information you will need to provide in your Complaint:
- Information about yourself as the “plaintiff.”
- Information about the registration of your home phone, fax or wireless number on the No-Call List. You may verify and print out your registration date by visiting www.coloradonocall.com.
- Information about the person or organization that you are suing, the “defendant.” Telemarketer registration verification is available on www.coloradonocall.com. Click on “I want to know the telemarketers that have registered.”
- If the defendant is a corporation, you must name and serve the “registered agent.” Call the Colorado Secretary of State for this information at 303-894-2251 or visit their website at www.sos.state.co.us.
- The details of your claim.
5. Your complaint may include the following:
- I am a Colorado resident with a residential telephone number of _________.
- On ( date ), I registered my residential telephone, fax or wireless number with the Colorado No-Call List in accordance with the provisions of §6-1-905 (b)(3), C.R.S. (2002). Verification of this registration is attached as Exhibit 1.
- I am a residential or wireless telephone service subscriber as defined by §§6-1-903(9) or (12), C.R.S. (2002).
- Defendant is a (person/corporation/ or business) and (resides/is employed/is a student/ or has an office for conducting business) in ________ County.
- On ( date ), I received a telephone solicitation as defined by §6-1-903(10)(a) and (c), C.R.S. (2002). Defendant made, or caused to be made, this solicitation.
- Such telephone solicitations are prohibited by §6-1-904 (1)(a), C.R.S. (2002).
- Pursuant to the Colorado Consumer Protection Act §6-1-105 (1)(tt), C.R.S. (2002), this unlawful telephone solicitation to a number on the No-Call List constituted a deceptive trade practice.
- Defendant (was/was not) registered with the Colorado No-Call program vendor as required by §6-1-904(1)(b), C.R.S. (2002) on (date of call). If registered, Defendant’s registration verification should be attached as Exhibit 2.
- Pursuant to §§6-1-113(1) and (2) C.R.S. (2002), Plaintiff is entitled to damages of $500 or actual damages, whichever is greater, for each violation.
- Pursuant to §6-1-113(2.3) C.R.S. (2002), Plaintiff may be entitled to three times actual damages if the court finds that the Defendant engaged in bad faith conduct (fraudulent, willful, knowing, or intentional).
- Pursuant to §6-1-113(2)(b), C.R.S. (2002), Plaintiff is also entitled to the costs of this action and any further actions required to enforce the court’s judgment.
6. File your complaint with the clerk of the small claims court in the appropriate jurisdiction. If the Defendant does not live, work, attend college, or have a business office in your county, you must file your claim in the small claims court where they do. You cannot sue out of state businesses in a Colorado small claims court. If the telemarketer is located out of Colorado, you may pursue an action in County Court. Contact your local County Court Clerk.
7. Pay a small filing fee. If you win at trial, the court will order this fee paid by defendant.
8. Service: You must have the Defendant served with the complaint at least 15 days before trial. Ask the clerk of the small claims court to explain how to do this. You must present proof of service to the court at or before the trial.
9. Defendant may file a response or answer stating why they believe your claim is not valid. It may be useful to review the following sections of the No-Call Law: “Definitions” (§6-1-903); “Exemptions” (§§6-1-903 (10)(b)); and, “Defenses” (§§6-1-906(2)(a) & (b)(4)).
10. Other hints:
Read all the papers that the court gives to you.
Make notes of the important facts of your case and what you want to say in court. Practice what you want to say in advance.
Decide what evidence or exhibits you will need and bring it with you to court.
If you have witnesses, bring them to court with you.
Visit the small claims court and watch some trials. The clerk can tell you the days and times that trials are regularly scheduled.
Be on time, be courteous, and listen carefully to all instructions.
NOTE: These suggestions are intended to provide general information on the Colorado No-Call Law and Small Claims Court procedures. Consumers are strongly encouraged to review the relevant Colorado Statutes and Court Rules when considering a small claims court action. The Attorney General cannot give you legal advice or act as your attorney. Consumers are encouraged to confer with a private attorney if they have questions about Colorado law and how it applies to their specific circumstances.