CO SB068

Creates a new statutory section establishing four elements a plaintiff must prove in a private cause of action under the Colorado Consumer Protection Act: defendant engaged in unfair or deceptive trade practice, practice occurred in course of defendant's business, plaintiff suffered injury to a legally protected interest, and challenged practice caused the plaintiff's injury.

Eliminates the judicially-created requirement established in Hall v. Walter (969 P.2d 224, 1998) that plaintiffs prove a defendant's challenged practice significantly impacted the public as actual or potential consumers.

Establishes a rebuttable presumption that a significant public impact occurred when a plaintiff offers evidence that a defendant engaged in a deceptive trade practice, shifting the burden to defendants to rebut this presumption.

Effective date is July 1, 2011, and applies only to causes of action filed on or after that date.

Includes a safety clause declaring the act necessary for immediate preservation of the public peace, health, and safety.