Colorado § 6-4-113 - Civil penalties.

§ 6-4-113. Civil penalties.

(1) The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article 4. The court, upon finding a violation of this article 4, shall impose a civil penalty to be paid to the general fund of the state in an amount not to exceed one million dollars for each such violation.

(2) In determining the amount of a civil penalty, the court shall consider, among other things:

(a) The nature and extent of the violation;

(b) The number of consumers affected by the violation;

(c) Whether the violation was an isolated incident or a continuous pattern and practice of behavior;

(d) Whether the violation was the result of willful conduct;

(e) Whether the defendant took affirmative steps to conceal such violations; and

(f) Whether, given the size and wealth of the defendant, the civil penalty will be an effective deterrent against future violations.

Source: L. 2023: Entire article R&RE, (HB 23-1192), ch. 427, p. 2516, § 2, effective June 7.

Editor's note: This section is similar to former § 6-4-112 as it existed prior to 2023.

ANNOTATION

Law reviews. For article, "Antitrust and the Lay Lawyer", see 44 Den. L.J. 558 (1967). For article, "Colorado Antitrust Law Seven Years Later", see 13 Colo. Law. 1808 (1984). For article, "Antitrust Law", which discusses Tenth Circuit decisions dealing with antitrust law, see 62 Den. U. L. Rev. 183 (1986). For article, "Antitrust in the Health Care Field — Subject Matter Jurisdiction", see 18 Colo. Law. 1113 (1989).