Colorado § 5-13-106 - Other loans - legislative declaration.
Full text of Colorado Colorado Revised Statutes § 5-13-106 — Other loans - legislative declaration., with citation guidance and answers to common questions.
§ 5-13-106. Other loans - legislative declaration.
In accordance with section 525 of the federal "Depository Institutions Deregulation and Monetary Control Act of 1980", Pub.L. 96-221, the general assembly declares that the state of Colorado does not want the amendments to the "Federal Deposit Insurance Act", 12 U.S.C. sec. 1811 et seq.; the federal "National Housing Act", 12 U.S.C. sec. 1701 et seq.; and the "Federal Credit Union Act", 12 U.S.C. sec. 1757, made by sections 521 to 523 of the federal "Depository Institutions Deregulation and Monetary Control Act of 1980", Pub.L. 96-221, prescribing interest rates and preempting state interest rates to apply to consumer credit transactions in this state. The rates established in articles 1 to 9 of this title 5 control consumer credit transactions in this state.
Source: L. 2023: Entire section added, (HB 23-1229), ch. 375, p. 2245, § 3, effective July 1, 2024.
ANNOTATION
"[L]oans made in such State" in 12 U.S.C. § 1831d note refers to loans in which either the lender or the borrower is located in an opt-out state. Nat'l Ass'n of Indus. Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025).
In the context of § 1831d's opt-out provision, "loan" refers to a "lending", meaning a delivery by one party to and receipt by another party of a sum of money upon agreement, express or implied, to repay it with or without interest. And "made" refers to "executed". Reading the phrase together, "made in such State" functions as a participial adjective phrase to describe the completed state of the loan -- an executed loan. So "loans made in such State" refers to loans executed in the opt-out state, and an executed loan necessarily requires at least two parties -- a lender and a borrower. The plain language of the statute therefore shows that a state's decision to opt out of § 1831d for "loans made in such State" encompasses loans in which either the lender or the borrower is located in the opt-out state. Nat'l Ass'n of Indus. Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025).
Therefore, because the state has opted out of § 1831d, that section does not preempt the state's interest-rate caps for loans from out-of-state banks to state borrowers. Nat'l Ass'n of Indus. Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025).
DEBT MANAGEMENT
ARTICLE 16
Colorado Fair Debt Collection Practices Act
5-16-101. Short title.
5-16-102. Scope of article.
5-16-103. Definitions.
5-16-104. Location information - acquisition.
5-16-105. Communication in connection with debt collection - definition - repeal.
5-16-106. Harassment or abuse.
5-16-107. False or misleading representations - repeal.
5-16-108. Unfair practices.
5-16-109. Validation of debts.
5-16-109.5. Medical debt - requirements related to payment plans - collection prohibited during health insurance appeals - definition.
5-16-110. Multiple debts.
5-16-111. Legal actions by collection agencies.
5-16-111.5. Fees, costs, and costs of collection - limitation.
5-16-112. Deceptive forms.
5-16-113. Civil liability.
5-16-114. Administrative enforcement - rules.
5-16-115. License - registration - unlawful acts.
5-16-116. Collection agency board - created. (Repealed)
5-16-117. Powers and duties of the administrator.
5-16-118. Collection agency license - required.
5-16-119. Collection agency license - requirements - application - fee - expiration - definition.
5-16-120. License - issuance - grounds for denial - appeal - contents.
5-16-121. Collection agency license - renewals.
5-16-122. Collection agency license - notification of change and reapplication requirements.
5-16-123. Duties of collection agencies.
5-16-124. Bond - definition.
5-16-125. Unlawful acts.
5-16-125.5. Statute of limitations - actions by administrator.
5-16-126. Criminal penalties.
5-16-127. Complaint - investigations - powers of administrator - sanctions.
5-16-128. Debt collectors for the department of personnel - complaint - disciplinary procedures.
5-16-129. Records.
5-16-130. Jurisdiction of courts.
5-16-131. Duty of district attorney.
5-16-132. Remedies.
5-16-133. Injunction - receiver.
5-16-134. Disposition of fees and fines - definition.
5-16-134.5. Debts sold or resold after January 1, 2018.
5-16-134.7. Advisory council for debt collection - created - membership - duties - subject to review - repeal.
5-16-135. Repeal of article.
Frequently Asked Questions About Colorado § 5-13-106
What does Colorado Revised Statutes § 5-13-106 cover?
Section 5-13-106 ("Other loans - legislative declaration.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 5-13-106?
A common citation format is "Colorado Revised Statutes § 5-13-106" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 5-13-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.