The Colorado Court of Appeals issued its opinion in One Creative Place, LLC v. Jet Center Partners, LLC on May 26, 2011.
Colorado Consumer Protection Act—Question of Law Versus Fact.
To establish a claim under the Colorado Consumer Protection Act (CCPA), a private citizen must prove five elements, one of which is that the deceptive trade practice had a significant impact on the public as actual or potential customers of the defendant’s business. This appeal questioned whether this element is an issue of law or a question of fact. The Court of Appeals held it is a question of fact. As a result, the Court’s review was limited to whether the trial court committed clear error by finding that the intervenor, Jet Center Partners, LLC, had not proved this element. Because the Court concluded the trial court did not commit clear error, it affirmed the judgment in favor of plaintiffs.