Colorado § 6-1-106 - Exclusions.

§ 6-1-106. Exclusions.

(1) This article does not apply to:

(a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;

(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters, or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character; or

(c) Actions or appeals pending on or before July 1, 1969.

(2) This article shall not be interpreted to apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name, or other trade identification which was used and not abandoned prior to July 1, 1969, if the use was in good faith and is otherwise lawful except for the provisions of this article.

Source: L. 69: p. 373, § 3. C.R.S. 1963: § 55-5-3.

ANNOTATION

This section does not exempt the insurance industry from the provisions of the Colorado Consumer Protection Act (CCPA). Showpiece Homes Corp. v. Assurance Co. of Am., 38 P.3d 47 (Colo. 2001).

This section does not exempt attorney conduct that constitutes deceptive or unfair trade practices from the provisions of the CCPA. Crowe v. Tull, 126 P.3d 196 (Colo. 2006).

The CCPA is not preempted by the federal Real Estate Settlement Procedures Act (RESPA) given the breadth of the CCPA and its regulation of far wider deceptive trade practices than those covered by RESPA. Perkins v. Johnson, 551 F. Supp. 2d 1246 (D. Colo. 2008).

Applied in People ex rel. MacFarlane v. Alpert Corp., 660 P.2d 1295 (Colo. App. 1982); Suarez v. United Van Lines, Inc., 791 F. Supp. 815 (D. Colo. 1992); State v. Ctr. for Excel. in Higher Educ., 2021 COA 117, 499 P.3d 1081, aff'd in part, rev'd in part on other grounds, 2023 CO 23, 529 P.3d 599.