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Colorado — Fair Debt Collection Practices Act (C.R.S. art. 5-16) + SOL

Effective 2024-08-07 · Verified 2026-08-11

Authority

The Colorado Fair Debt Collection Practices Act ("CFDCPA"), C.R.S. §§ 5-16-101 to 5-16-135, relocated in 2017 from former Title 12 art. 14 by HB 17-1238. It is a licensing statute plus a mini-FDCPA, administered by the Administrator of the Uniform Consumer Credit Code, whose office sits in the Colorado Department of Law (the Attorney General) — §§ 5-16-103(1), 5-16-114. Private right of action in § 5-16-113; criminal penalty in § 5-16-126.

Statute of limitations on suit for a debt: C.R.S. § 13-80-103.5(1)(a) (six years, liquidated/determinable) as an express exception to § 13-80-101(1)(a) (three years, all contract actions). Negotiable notes: C.R.S. § 4-3-118 (Colorado's UCC 3-118).

Verification note. leg.colorado.gov points the public at a LexisNexis JS application for the official C.R.S., but the Office of Legislative Legal Services — the statutory reviser — publishes its own free title PDFs, linked from its official download page. Text below is pulled from those OLLS PDFs (olls.info/crs/crs2025-title-{04,05,13}.pdf), each footer-stamped "Colorado Revised Statutes 2025 … Uncertified Printout," current per the OLLS download page "with the changes made by … the Seventy-fifth General Assembly at its First Extraordinary Session in August 2025." Currency check for the 2026 regular session (adjourned sine die 2026-05-13, after the edition closed): the OLLS 2026 Digest of Bills contains no enactment touching art. 5-16 or art. 13-80. The one 2026 bill in this space, HB26-1267 (Limitations on Collection Actions for Medical Debt), was postponed indefinitely in House Health & Human Services on 2026-03-31 and is dead. Fees/renewal dates are from the Attorney General's own live licensing page.

Bot-blocked source: sos.state.co.us/CCR (the official Code of Colorado Regulations) returns HTTP 403 to automated fetching. The Administrator's rulemaking authority is quoted below from statute, but the CCR series number for the CFDCPA rules is UNVERIFIED and no rule text is asserted on this page.

Operative text

Scope — § 5-16-102 (who the act reaches, including out-of-state agencies)

5-16-102. Scope of article. (1) This article 16 shall apply to any collection agency, solicitor, or debt collector that has a place of business located: (a) Within this state; (b) Outside this state and collects or attempts to collect from consumers who reside within this state for a creditor with a place of business located within this state; (c) Outside this state and regularly collects or attempts to collect from consumers who reside within this state for a creditor with a place of business located outside this state; or (d) Outside this state and solicits or attempts to solicit debts for collection from a creditor with a place of business located within this state. — C.R.S. § 5-16-102

Coverage of original creditors — § 5-16-103(3) (they are EXCLUDED)

(3) (a) "Collection agency" means any: (I) Person who engages in a business the principal purpose of which is the collection of debts; or (II) Person who: (A) Regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another; (B) Takes assignment of debts for collection purposes; (C) Directly or indirectly solicits for collection debts owed or due or asserted to be owed or due another; … (b) "Collection agency" does not include: (I) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (II) Any person while acting as a collection agency for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a collection agency does so only for creditors to whom it is so related or affiliated and if the principal business of the person is not the collection of debts; … (VI) Any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent that: (A) The activity is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (B) The activity concerns a debt that was extended by the person; (C) The activity concerns a debt that was not in default at the time it was obtained by the person; … (c) Notwithstanding the provisions of subsection (3)(b)(VI) of this section, "collection agency" includes any person who, in the process of collecting his or her own debts, uses another name which would indicate that a third person is collecting or attempting to collect such debts. — C.R.S. § 5-16-103(3)

Attorneys and certain reciprocal out-of-state collectors are in scope for conduct but exempt from licensing:

(e) Notwithstanding subsection (3)(b) of this section, "collection agency" includes any person who engages in any of the following activities; except that the person shall be exempt from provisions of this article 16 that concern licensing and licensees: (I) Is an attorney-at-law and regularly engages in the collection or attempted collection of debts in this state; (II) Is a person located outside this state whose collection activities are limited to collecting debts not incurred in this state from consumers located in this state and whose collection activities are conducted by means of interstate communications, including telephone, mail, or facsimile transmission, and who is located in another state that regulates and licenses collection agencies but does not require Colorado collection agencies to obtain a license to collect debts in their state if the agencies' collection activities are limited in the same manner. — C.R.S. § 5-16-103(3)(e)

Debt buyers are squarely in:

(8.5) "Debt buyer" means a person who engages in the business of purchasing delinquent or defaulted debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney for litigation in order to collect the debt. Debt buyers are collection agencies for the purposes of this article 16. — C.R.S. § 5-16-103(8.5) (added SB 17-216, eff. Jan. 1, 2018)

Consumer-debt-only, and a Colorado-specific medical-debt definition:

(8) (a) "Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction, whether or not the obligation has been reduced to judgment. … (b) "Debt" does not include a debt for business, investment, commercial, or agricultural purposes or a debt incurred by a business. (10.5) "Medical debt" means debt arising from health-care services, as defined in section 10-16-102 (33), or health-care goods, including products, devices, durable medical equipment, and prescription drugs. "Medical debt" does not include debt charged to a credit card. — C.R.S. § 5-16-103(8), (10.5) ((10.5) added SB 23-093, eff. May 4, 2023)

Entry gate — license (§§ 5-16-115, 5-16-118, 5-16-119), bond (§ 5-16-124), penalty (§ 5-16-126)

5-16-118. Collection agency license - required. Any person acting as a collection agency must possess a valid license issued by the administrator in accordance with this article 16 and any rules adopted pursuant thereto. — C.R.S. § 5-16-118

5-16-115. License - registration - unlawful acts. (1) It is unlawful for any person to: (a) Conduct the business of a collection agency or advertise or solicit, either in print, by letter, in person, or otherwise, the right to make collection or obtain payment of any debt on behalf of another without having obtained a license under this article 16; or (b) Conduct the business of a collection agency under any name other than that under which licensed. (2) It is unlawful for a person to act as a collections manager without having complied with sections 5-16-119 and 5-16-122. (3) It is unlawful for any person to employ a person as a solicitor, collections manager, or debt collector under this article 16 without complying with this section. — C.R.S. § 5-16-115

Licensure prerequisites include a two-year-experience principal, a named collections manager, and the bond:

(1) As requisites for licensure, an applicant for a collection agency license shall: (a) (I) Be owned by, or employ as collections manager or an executive officer of the agency, at least one individual who has been engaged in a responsible position in an established collection agency for a period of at least two years. … (b) (I) Employ a collections manager who shall be responsible for the actions of the debt collectors in that office. … (c) File a bond in the amount and manner specified in section 5-16-124; (d) If a foreign corporation, comply fully with the laws of this state to entitle it to do business within the state. (3) At the time the application is submitted, the applicant shall pay a nonrefundable investigation fee in an amount to be determined by the administrator. (4) When the administrator approves the application, the applicant shall pay a nonrefundable license fee in an amount to be determined by the administrator. (6) (a) A collection agency must obtain a license for its principal place of business, but its branch offices, if any, need not obtain separate licenses. … — C.R.S. § 5-16-119

Bond amount is a formula, not a flat number:

5-16-124. Bond - definition. (1) Each licensee shall maintain at all times and each applicant shall file, prior to the issuance of any license to the applicant, a bond in the sum of twelve thousand dollars plus an additional two thousand dollars for each ten thousand dollars or part thereof by which the average monthly sums remitted or owed to all of its clients during the previous year exceed fifteen thousand dollars; or, in the alternative, an applicant or licensee shall present evidence of a savings account, deposit, or certificate of deposit of the same sum and meeting the requirements of section 11-35-101. The total amount of the bond shall not exceed twenty thousand dollars and shall be in favor of the attorney general of the state of Colorado for use of the people of the state of Colorado and the administrator. … — C.R.S. § 5-16-124(1)

Fee and renewal amounts are set by the Administrator rather than by statute; the AG's live licensing page states:

Investigation Fee: $500 … Initial License Application Fee: $1,500 … Renewal License Application Fee: $1,500 Collection agency licenses are valid from the date of issuance to the following July 1. To renew its license, a license must file its completed renewal and fee on or before July 1 each year or its license shall automatically expire. — coag.gov, "Collection Agency Regulation: Licensing" (Colorado Attorney General, Consumer Credit Unit; retrieved 2026-08-11). Fee amounts are set by the Administrator under §§ 5-16-119(3)–(5) and 5-16-121, not fixed in statute — re-verify against the AG's page rather than treating them as statutory.

Penalty for operating without a license — unlicensed operation is a § 5-16-115 unlawful act, which § 5-16-126 makes criminal:

5-16-126. Criminal penalties. Any person who violates any provision of section 5-16-125 (1), (2), (3), or (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. — C.R.S. § 5-16-126

5-16-125. Unlawful acts. (1) In addition to the unlawful acts specified in sections 5-16-112 and 5-16-115, it is unlawful and a violation of this article 16 for any person: (a) To refuse or fail to comply with section 5-16-104, 5-16-105, 5-16-106, 5-16-107, 5-16-108, 5-16-109, 5-16-110, 5-16-118, 5-16-119 (1), or 5-16-123 (1)(b) to (1)(e) or (2); (b) To aid or abet any person operating or attempting to operate in violation of this article 16, including but not limited to section 5-16-115; … (2) It is unlawful and a violation of this article 16 for any licensee or any attorney representing a licensee to invoke a cognovit clause in any note so as to confess judgment. (3) It is unlawful and a violation of this article 16 for any licensee to render or to advertise that it will render legal services; … (6) Any officer or agent of a corporation who personally participates in any violation of this article 16 shall be subject to the penalties prescribed in section 5-16-126 for individuals. — C.R.S. § 5-16-125

Call-time window — § 5-16-105(1) (tracks the federal 8am–9pm; no stricter cap)

(1) Without the prior consent of the consumer given directly to the debt collector or collection agency or the express permission of a court of competent jurisdiction, a debt collector or collection agency shall not communicate with a consumer in connection with the collection of any debt: (a) At any unusual time, place, or manner known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector or collection agency shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m. local time at the consumer's location. (b) If the debt collector or collection agency knows the consumer is represented by an attorney with respect to the debt and has knowledge of, or can readily ascertain, the attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or collection agency or unless the attorney consents to direct communication with the consumer; or (c) At the consumer's place of employment if the debt collector or collection agency knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. — C.R.S. § 5-16-105(1)

Call frequency — § 5-16-106(1)(e)–(f) (intent standard; NO numeric cap)

5-16-106. Harassment or abuse. (1) A debt collector or collection agency shall not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the following conduct: … (e) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number; (f) Except as provided in section 5-16-104, the placement of telephone calls without meaningful disclosure of the caller's identity within the first sixty seconds after the other party to the call is identified as the debtor. — C.R.S. § 5-16-106(1)

There is no numeric call-frequency cap anywhere in art. 16 — verified by full-text search of the article. The Reg F 7-in-7 presumption (12 CFR 1006.14(b)) is the operative frequency limit in Colorado.

Colorado-specific mandatory disclosures — § 5-16-105(3)(c)–(e)

(c) In its initial written communication to a consumer, a collection agency shall include the following statement: "FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE HTTPS://COAG.GOV/OFFICE-SECTIONS/CONSUMER-PROTECTION/CONSUMER-CREDIT-UNIT/COLLECTION-AGENCY-REGULATION/." If the website address is changed, the notification shall be corrected to contain the correct address. If the notification is placed on the back of the written communication, there shall be a statement on the front notifying the consumer of such fact. (d) In its initial written communication to a consumer, a collection agency shall include the following statement: "A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt." If the notification is placed on the back of the written communication, there shall be a statement on the front notifying the consumer of such fact. (e) (I) In its initial written communication to a consumer, a debt collector or collection agency shall include the following statement: "Colorado law prohibits credit bureaus from reporting medical debt or factoring medical debt into a credit score unless the consumer report is to be used in connection with a credit transaction that involves, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value for a one-unit property as determined by the federal housing finance authority". (II) This subsection (3)(e) is repealed, effective July 1, 2028. — C.R.S. § 5-16-105(3) ((3)(c) amended HB 20-1402 eff. 2020-06-30; (3)(e) added HB 23-1126 eff. 2023-08-07)

Validation of debts — § 5-16-109 (30-day dispute; cease-until-verification)

(1) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector or collection agency shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice with the disclosures specified in subsections (1)(a) to (1)(e) of this section. … The disclosures shall state: (a) The amount of the debt; (b) The name of the creditor to whom the debt is owed; (c) That, unless the consumer disputes the validity of the debt or any portion of the debt within thirty days after the consumer's receipt of the notice, the debt will be assumed to be valid by the debt collector or collection agency; (d) That, if the consumer notifies the debt collector or collection agency in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector or collection agency will obtain verification of the debt or a copy of a judgment against the consumer …; (e) That upon the consumer's written request within the thirty-day period, the debt collector or collection agency will provide the consumer with the name and address of the original creditor, if different from the current creditor. (2) If the consumer notifies the debt collector or collection agency in writing within the thirty-day period … the debt collector or collection agency shall cease collection of the debt, or any disputed portion thereof, until the debt collector or collection agency obtains verification … and mails a copy … to the consumer. (3) The failure of a consumer to dispute the validity of a debt under this section shall not be construed by any court as an admission of liability by the consumer. — C.R.S. § 5-16-109(1)–(3) ((1)(c) amended SB 23-093, eff. May 4, 2023)

Medical-debt itemization, on request, with a cease obligation:

(5) Upon written request by the consumer and without fee to the consumer, a debt collector or collection agency collecting on a medical debt shall cease collection until it can provide an itemized statement to the consumer after the request is received. The itemized statement must include: (a) The name and address of the medical creditor; (b) The date or dates of service; (c) The date or dates the medical debt was incurred; (d) A detailed list of the specific health-care services and medical products or devices, if any, provided to the consumer; (e) The name of the facility …; (f) The amount of the principal for any medical debt incurred; (g) An itemization of the current amount of the debt due …, and including negotiated insurance rates, financial assistance applied, or other discounts; (h) For medical debt from a health-care facility …, whether the consumer was screened for financial assistance; and (i) … whether the consumer was found eligible for financial assistance … — C.R.S. § 5-16-109(5) (added SB 23-093, eff. May 4, 2023)

Unfair practices — § 5-16-108 (fee rule; 30-day credit-reporting wait)

(1) A debt collector or collection agency shall not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the following conduct: (a) The collection of any amount, including any interest, fee, charge, or expense incidental to the principal obligation, unless the amount is expressly authorized by the agreement creating the debt or permitted by law; (b) The acceptance … of a check or other payment instrument postdated by more than five days unless the person is notified in writing of the … intent to deposit the check or instrument not more than ten nor less than three business days prior to the deposit; … (g) Communicating with a consumer regarding a debt by postcard; (h) Using any language or symbol, other than the debt collector's or collection agency's address, on any envelope …; except that a debt collector or collection agency may use his business name if the name does not indicate that he or she is in the debt collection business; (j) Communicating credit information to a consumer reporting agency earlier than thirty days after the initial notice to the consumer has been mailed, unless the consumer's last-known address is known to be invalid. This subsection (1)(j) shall not apply to checks, negotiable instruments, or credit card drafts. (k) An attempt to collect an amount in excess of the amounts permitted under section 13-54-102 or 13-54-104; (l) An attempt to collect a debt that violates the provisions of section 6-20-203 (1), (2), (3)(b), (4)(a), (4)(b)(I), (4)(d), (4)(e), or (5)(a) to (5)(c). — C.R.S. § 5-16-108(1) ((1)(k) added SB 20-211 eff. 2020-06-29; (1)(l) added HB 21-1198 eff. 2021-09-07)

False or misleading — § 5-16-107(1)(l), (r) (mini-Miranda; medical-debt credit-reporting)

(l) Except as otherwise provided for communications to acquire location information under section 5-16-104, the failure to disclose clearly, in the initial written communication made to collect a debt or obtain information about a consumer and also, if the initial communication with the consumer is oral, in the initial oral communication, that the debt collector or collection agency is attempting to collect a debt and that any information obtained will be used for that purpose, and, in subsequent communications, that the communication is from a debt collector or collection agency; except that this subsection (1)(l) shall not apply to a formal pleading made in connection with a legal action; (o) The use of any business, company, or organization name other than the true name of the collection agency's business, company, or organization; (r) (I) When attempting to collect debt that the debt collector or collection agency knows is medical debt … make a false, deceptive, or misleading representation that the medical debt will be included in a consumer report … or factored into a consumer's credit score … unless the consumer report is to be used in connection with a credit transaction that involves … a principal amount that exceeds the national conforming loan limit value for a one-unit property … (II) This subsection (1)(r) is repealed, effective July 1, 2028. — C.R.S. § 5-16-107(1) ((1)(r) added HB 23-1126, eff. Aug. 7, 2023)

Medical debt — § 5-16-109.5 (payment plans; collection barred during insurance appeal)

(1) (a) A debt collector or collection agency collecting on a medical debt that agrees to a payment plan with a consumer for the medical debt that is payable in four or more installments shall provide a written copy of the payment plan to the consumer within seven days after entering into the payment plan. The payment plan must prominently disclose the rate or rates of interest and the date by which the account will be paid in full … (b) Before accelerating or declaring the payment plan no longer operative, if the consumer has not invoked the right to cease communication, the debt collector or collection agency … shall: (I) Make at least two reasonable attempts to contact the consumer; and (II) Provide notice to the consumer in writing that the payment plan may be accelerated or become inoperative. (2) (a) A debt collector or collection agency collecting on a medical debt that knows or reasonably should know about an internal review, external review, or other appeal proceeding of a health insurance decision that is pending or was pending within the previous sixty-three days shall not: (I) Provide information relating to a consumer's unpaid charges for health-care services to a consumer reporting agency; (II) Communicate with the consumer regarding the unpaid charges … unless requested by the consumer; (III) Initiate a civil action or arbitration proceeding against the consumer to collect …; or (IV) Sell the medical debt to a debt buyer. (b) If a medical debt has already been reported to a consumer reporting agency or a legal action or arbitration proceeding has already been initiated, and the … collection agency … learns that an internal review, external review, or other appeal proceeding … is pending or was pending within the previous sixty-three days, that person shall instruct the consumer reporting agency to delete the information about the medical debt. — C.R.S. § 5-16-109.5 (added SB 23-093, eff. May 4, 2023)

Litigation requirements — § 5-16-111 (venue; caption; debt-buyer proof; default-judgment evidence)

(1) Any debt collector or collection agency who brings any legal action on a debt against any consumer shall: … (b) In the case of an action not described in subsection (1)(a) …, bring the action only in the judicial district or similar legal entity in which: (I) The consumer signed the contract sued upon; (II) The consumer resides at the commencement of the action; … (1.5) A debt collector or collection agency that is not a creditor or debt buyer shall not be the named plaintiff in a legal action or take any legal action on a debt against a consumer unless the debt collector or collection agency: (a) Ensures that the name of the original creditor or assignor and the name of the debt collector or collection agency are included in the case caption of the complaint, in that order; and (b) Has a complete and effective assignment, including complete settlement authority and authority to resolve the litigation. (2) A debt collector or collection agency who brings a legal action on a debt owned by a debt buyer shall attach the following materials to the complaint or form: (a) (I) A copy of the contract, account-holder agreement, or other writing from the original creditor or the consumer evidencing the consumer's agreement to the original debt; … (III) If a signed writing evidencing the original debt does not exist, a copy of the document provided to the consumer while the account was active, demonstrating that the debt was incurred by the consumer; or, for a credit card debt, the most recent monthly statement recording a purchase transaction, payment, or balance transfer; … and (b) A copy of the assignment or other writing establishing that the debt buyer is the owner of the debt. If the debt was assigned more than once, each assignment … must be attached to establish an unbroken chain of ownership … (3) Prior to entry of a default judgment against a consumer in a legal action on a debt owned by a debt buyer, the plaintiff shall file with the court evidence that satisfies … rules 803(6) and 902(11) of the Colorado rules of evidence … and include: (a) The original account number at charge-off; (b) The original creditor at charge-off; (c) The amount due at charge-off …; (d) An itemization of post charge-off additions, if any; (e) (I) The date of the last payment, if applicable; or (II) The date of the last transaction; and (f) If the account is not a revolving credit account, the date the debt was incurred. (4) In the absence of evidence required by subsections (2)(a) or (2)(b) and (3) of this section, an affidavit does not satisfy the requirements of these subsections. (5) A creditor, or a debt collector or collection agency operating on behalf of the creditor, that brings a legal action on a medical debt shall attach to the complaint or applicable form a copy of a redacted itemization of the charges that are the basis for the medical debt. — C.R.S. § 5-16-111 ((2)–(4) added SB 17-216 eff. 2018-01-01; (5)–(6) added SB 23-093 eff. 2023-05-04; (1.5) added HB 24-1380 eff. 2024-08-07)

Penalties / private right of action — § 5-16-113

(1) In addition to administrative enforcement pursuant to section 5-16-114 … any debt collector or collection agency who fails to comply with any provision of this article 16 … with respect to a consumer is liable to the consumer in an amount equal to the sum of: (a) Any actual damage sustained by the consumer as a result of the failure; (b) (I) In the case of any action by an individual, additional damages as the court may allow, but not to exceed one thousand dollars; (II) In the case of a class action, the amount for each named plaintiff as could be recovered under subsection (1)(b)(I) … and the amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed five hundred thousand dollars or one percent of the net worth of the debt collector or collection agency, whichever is the lesser; and (c) In the case of any successful action to enforce such liability, the costs of the action, together with reasonable attorney fees … (2) In the case of any unsuccessful action brought under this section, the plaintiff shall be liable to each defendant in an amount equal to that defendant's cost incurred in defending the action, together with reasonable attorney fees … (4) A debt collector … may not be held liable … if the debt collector or collection agency shows by a preponderance of evidence that the violation was not intentional or grossly negligent and the violation resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (5) A private action to enforce any liability created by this section must be brought in any court of competent jurisdiction within one year from the date on which the violation occurs. (7) The policy of this state is not to award double damages under this article 16 and the federal "Fair Debt Collection Practices Act", 15 U.S.C. sec. 1692 et seq. No damages under this section shall be recovered if damages are recovered for a like provision of said federal act. (8) Notwithstanding subsection (1) of this section, harassment of the employer or the family of a consumer shall be considered an invasion of privacy and a civil action may be brought which is not subject to the damage limitations of subsection (1) of this section. — C.R.S. § 5-16-113

AG/Administrator enforcement and its own limitations period:

5-16-114. Administrative enforcement - rules. Compliance with this article 16 shall be enforced by the administrator. The administrator may make reasonable rules for the administration and enforcement of this article 16, including standards of conduct for licensees and collection notices and forms. — C.R.S. § 5-16-114

5-16-125.5. Statute of limitations - actions by administrator. An action or proceeding brought by the administrator pursuant to this article 16 or pursuant to any rule issued by the administrator under this article 16 must be brought within two years after the date on which the violation occurred. — C.R.S. § 5-16-125.5

Sunset — § 5-16-135

5-16-135. Repeal of article. This article 16 is repealed, effective September 1, 2028. Before its repeal, this article 16 is scheduled for review in accordance with section 24-34-104. — C.R.S. § 5-16-135

Statute of limitations — §§ 13-80-101, 13-80-103.5

The three-year general contract rule, with the six-year carve-out written into it:

13-80-101. General limitation of actions - three years. (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5; … (g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.; … (k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state; … — C.R.S. § 13-80-101(1)

13-80-103.5. General limitation of actions - six years. (1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter: (a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year; (b) All actions for arrears of rent; … — C.R.S. § 13-80-103.5(1)

Note what these two sections do not contain: there is no written-versus-oral distinction anywhere in Colorado's limitations scheme, and no statutory definition of "liquidated." Full-text search of Title 13 returns only one use of "liquidated" in art. 80 — the § 13-80-103.5(1)(a) phrase quoted above.

Accrual — § 13-80-108(4)–(6)

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due. (5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account. (6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence. — C.R.S. § 13-80-108

Revival — §§ 13-80-113, 13-80-114, 13-80-115

13-80-113. New promise - effect of payment. No acknowledgment or promise shall be evidence of a new or continuing contract sufficient to take a case out of the operation of the statute of limitations, unless it is in writing signed by the party to be charged; but this section shall not alter the effect of a payment of principal or interest. — C.R.S. § 13-80-113

13-80-114. Promise by one of parties in joint interest. No joint debtor, obligor, or his personal representative or successor shall lose the benefit of the provisions of this article so as to be chargeable by reason only of any acknowledgment, promise, or payment made by any other of them. — C.R.S. § 13-80-114

13-80-115. Endorsement by payee - effect. Nothing in this article shall alter, take away, or lessen the effect of a payment of any principal or interest made by any person; but no endorsement or memorandum of any such payment, written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment is made, or purports to be made, shall be deemed sufficient proof of the payment so as to take the case out of operation of the provisions of this article. — C.R.S. § 13-80-115

Tolling and borrowing — §§ 13-80-118, 13-80-110

13-80-118. Absence or concealment of a party subject to suit. If, when a cause of action accrues against a person, the person is out of this state and not subject to service of process or has concealed himself, the period limited for the commencement of the action by any statute of limitations shall not begin to run until he comes into this state or while he is so concealed. If, after the cause of action accrues, he departs from this state and is not subject to service of process or conceals himself, the time of his absence while not subject to service of process or the time of his concealment while not subject to service of process shall not be computed as a part of the period within which the action must be brought. — C.R.S. § 13-80-118

13-80-110. Causes barred in state of origin. If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state. — C.R.S. § 13-80-110

Negotiable instruments — § 4-3-118 (Colorado's UCC 3-118)

4-3-118. Statute of limitations. (a) Except as provided in subsection (e) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years. (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues. — C.R.S. § 4-3-118

Plain English

Interpretation — the quotes above win on any conflict.

  • Colorado requires a real license, not just a bond. § 5-16-118 makes a collection agency license mandatory, § 5-16-115 makes unlicensed collection an unlawful act, and § 5-16-126 makes that a class 1 misdemeanor. The regulator is the Attorney General's office (the UCCC Administrator in the Department of Law). Entry cost: $500 investigation fee + $1,500 license fee, a $12,000–$20,000 formula bond (§ 5-16-124), a collections manager, and a principal with two years' collection-agency experience. Licenses run to the following July 1 and renew annually.
  • Original creditors are OUT of scope — the opposite of Texas. § 5-16-103(3)(b)(I) excludes a creditor's own officers/employees collecting in the creditor's name, and (3)(b)(VI)(B) excludes anyone collecting a debt "that was extended by the person." Debt buyers are IN and are treated as collection agencies (§ 5-16-103(8.5)). Passive first-party creditors only get pulled in if they use a false third-party name (§ 5-16-103(3)(c)) or sue on medical debt (§ 5-16-111(5)).
  • No stricter call rules than federal. The window is the same 8am–9pm presumption (§ 5-16-105(1)(a)), and there is no numeric frequency cap — § 5-16-106(1)(e) is an intent-to-harass standard, so Reg F's 7-in-7 presumption is the operative limit in Colorado. One genuinely stricter item: § 5-16-106(1)(f) requires meaningful caller identity within the first 60 seconds of the debtor being identified, which is a harder edge than FDCPA § 1692d(6).
  • SOL for collection work is six years, but not because of a "written contract" rule. Colorado does not split written from oral. It splits liquidated/determinable (six years, § 13-80-103.5(1)(a)) from everything else contractual (three years, § 13-80-101(1)(a)). A charged-off credit card balance or a fixed-sum account is a determinable amount and lands in the six-year bucket; a contract claim whose damages must be proven rather than computed stays at three.
  • Partial payment still restarts the clock; an oral acknowledgment does not. § 13-80-113 requires a signed writing for an acknowledgment or new promise, but expressly preserves "the effect of a payment of principal or interest" — which under Colorado common law is to restart the period. Two guardrails: payment by one joint debtor does not bind the others (§ 13-80-114), and the creditor's own ledger entry of a payment is not sufficient proof of it (§ 13-80-115).
  • There is no Colorado time-barred-debt regime. No suit bar on out-of-stat debt, no anti-revival rule, and no mandatory time-barred-debt disclosure — verified by full-text search of art. 16. Federal Reg F § 1006.26 (no suing/threatening to sue on time-barred debt) is the only bar that applies.
  • Colorado's real compliance deltas are disclosure and litigation-proof rules, not call rules: three mandatory initial-written-communication statements (§ 5-16-105(3)(c)–(e)), a hard 30-day wait before credit reporting (§ 5-16-108(1)(j)), and heavy debt-buyer pleading and default-judgment evidence requirements (§ 5-16-111(2)–(4)).
  • Medical debt is the most heavily amended area (SB 23-093 and HB 23-1126, both 2023): itemization-on-request with a cease obligation, payment-plan mechanics, a bar on collecting/reporting/selling while a health-insurance appeal is pending or was pending in the last 63 days, and a required credit-reporting disclosure. Note the definition excludes medical debt charged to a credit card (§ 5-16-103(10.5)).

Traps / edge cases

  • The whole act sunsets 2028-09-01 (§ 5-16-135). Colorado's CFDCPA lives on a sunset cycle and has been continued before (SB 17-216). Anything built against art. 16 needs a 2028 review checkpoint — and the sunset bill is historically the vehicle for substantive amendments, so expect changes in the 2028 session, not just a date extension.

  • Two disclosure provisions self-repeal on 2028-07-01 — § 5-16-105(3)(e) and § 5-16-107(1)(r), the medical-debt credit-reporting items from HB 23-1126. A validation-letter template that hardcodes the (3)(e) sentence will be over-disclosing after July 1, 2028 and must be date-gated.

  • The "Collection Agency Board" no longer exists. § 5-16-116 was repealed by SB 17-216 (eff. 2017-06-01). Older guidance and vendor summaries still route Colorado matters to a Board; all authority now sits with the Administrator (§§ 5-16-114, 5-16-117). Do not cite the Board.

  • Which SOL bucket a credit card falls into is case law, not statute — label it interpretation. The statute supplies only the phrase "liquidated debt or an unliquidated, determinable amount of money due" and defines none of those terms. The widely quoted formulation that a debt is liquidated when "capable of ascertainment by reference to an agreement or by simple computation" is Colorado judicial gloss, not statutory text — it does not appear anywhere in Title 13. Treat the six-year classification for revolving consumer credit as a well-settled interpretation, not as a quote-backed number.

  • § 13-80-101(1)(k) is a one-way borrowing rule and is easy to read backwards. It applies Colorado's three-year period to claims accruing outside Colorado only where the foreign period is longer. It does not import a longer foreign period. § 13-80-110 separately bars anything already time-barred where it arose. Net effect for out-of-state paper: Colorado can shorten, never lengthen.

  • § 13-80-118 tolling requires "not subject to service of process," not mere absence — the phrase appears three times in the section. With a long-arm statute this is much narrower than a plain "absence tolls" reading. Treat any tolling adjustment as attorney-review territory, not an automatic calculator behavior.

  • Do not confuse § 13-80-102.5 with medical-debt collection. It is a two-year medical-malpractice limitation (actions against health-care institutions and professionals). There is no special SOL for medical debt owed to a provider — that is an ordinary liquidated-debt claim at six years.

  • § 5-16-113(7) blocks stacking damages with the federal FDCPA for like provisions, so a Colorado claim is usually pled in the alternative rather than added on top. But § 5-16-113(8) puts harassment of the consumer's employer or family outside the $1,000 cap entirely as an invasion-of-privacy action — that is the uncapped exposure in Colorado, and it is unusual.

  • § 5-16-113(2) is a genuine plaintiff-side deterrent: an unsuccessful CFDCPA plaintiff owes the defendant's costs and reasonable attorney fees, on the bare fact of losing. The federal analog is conditional:

    On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. — 15 U.S.C. § 1692k(a)(3) (final sentence)

  • § 5-16-125(2) bans invoking a cognovit clause to confess judgment — a licensee-specific prohibition with criminal exposure that has no federal analog.

  • Attorneys are covered but unlicensed (§ 5-16-103(3)(e)(I)): a collection law firm must follow all of art. 16's conduct rules while being exempt from the licensing provisions, and complaints against attorneys get routed to attorney regulation counsel (§ 5-16-117(3)).

  • Remote-work conditions are statutory (§ 5-16-119(6)(b), added SB 23-248 eff. 2023-08-07): a licensee may let employees work remotely only with VPN-grade safeguards, no consumer records kept at the remote location, no in-person consumer interactions, and documented monitoring. Relevant to any hosted/WFH collector deployment.

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Compiled from official sources only, with the operative text quoted verbatim. This is information, not legal advice — check it against the source before you act on it.