February 15, 2011

The Honorable State Senators
State Capitol Building
200 E. Colfax Ave.
Denver, CO    80203

RE:      SB11- 068 – Concerning an Increase in Consumer Protection Under the “Colorado Consumer Protection Act”

Dear Senator:

In this time of economic uncertainty, our legislature should be focused on creating a more hospitable environment for businesses.  No government stimulus program can result in net job growth – it is only private businesses that can create the job growth necessary to restore Colorado’s faltering economy.

Senate Bill 068 creates more economic uncertainty.  This bill will expand the current list of 36 enumerated deceptive trade practices to an unlimited list, defined by a partisan officeholder.  Current statute already provides that courts can provide remedies for unlisted unfair trade practices. There is no reason to expand the already unwieldy list.

Further, the bill automatically broadens the scope of harm, regardless of actual harm, by creating “significant public impact”. That determination should be left to courts, and is not in keeping with the American tradition of presumption of innocence.  It assumes “significant public impact” when none may exist. Current law already provides that evidence of deceptive trade practice is “prima facie evidence of intent to injure competitors…”  There is no compelling need to strengthen this provision.

By unnecessarily encouraging lawsuits against businesses, SB 068 creates more economic uncertainty.  While promising to “protect consumers”, consumers will be adversely affected by this legislation as business costs increase, economic growth is hindered, and jobs are not created.  SB 068 is the exact opposite of economic stimulation.

CRBC strongly urges the defeat of SB 068.

Respectfully,

Christine Burtt, Chairman
cc:       Board of CRBC
Membership of CRBC