Current through 11/5/2024 election
Section 6-7.5-110 - Penalties - civil action by attorney general(1) A person shall not sell or offer to sell any new consumer product that is required to meet a standard established in this article 7.5 but that the person knows does not meet that standard.(2) Whenever the attorney general has probable cause to believe that any person or group of persons has violated or caused another to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows: (a) Any person who violates or causes another to violate subsection (1) of this section shall forfeit and pay a civil penalty of not more than two thousand dollars for each such violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4. For purposes of this subsection (2)(a), a violation constitutes a separate violation with respect to each transaction or online for-sale product listing involved; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations.(b) Any person who violates or causes another to violate any provision of this article 7.5, where such violation was committed against an elderly person, shall forfeit and pay to the general fund of the state a civil penalty of not more than ten thousand dollars for each such violation. For purposes of this subsection (2)(b), a violation of this section constitutes a separate violation with respect to each elderly person involved.Amended by 2023 Ch. 285,§ 7, eff. 8/7/2023.Added by 2019 Ch. 356, § 1, eff. 8/2/2019.L. 2019: Entire article R&RE, (HB 19-1231), ch. 3282, p. 3282, § 1, effective August 2.2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).