August 17, 2017

SB 13-248: Allowing the Attorney General or a District Attorney to Enforce Subpoenas Against Out-of-State Persons for Cases Involving Consumer Protection Violations

On Monday, April 1, 2013, Sen. Irene Aguilar introduced SB 13-248 – Concerning the Authority of the Attorney General or a District Attorney to Enforce Subpoenas for Consumer Protection Violations Against Persons Located Outside Colorado. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

For the purposes of the “Colorado Consumer Protection Act,” the “Refund Anticipation Loans Act,” the “Colorado Rental Purchase Agreement Act,” the “Colorado Fair Debt Collection Practices Act,” and the “Colorado Credit Services Organization Act,” the bill states that the power of the attorney general or a district attorney to issue subpoenas includes the right to issue a subpoena to any person, whether in this state or elsewhere, who has engaged in or is engaging in violations of these acts.

For the purposes of the “Colorado Consumer Protection Act,” if the records of a person who has been issued a subpoena are located outside this state, the person shall either:

  • Make them available to the attorney general or district attorney at a convenient location within this state; or
  • Pay the reasonable and necessary expenses for the attorney general or district attorney, or his or her designee, to examine the records at the place where they are maintained.

The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney. The bill was introduced on April 1 and is assigned to the Judiciary Committee.

Since this summary, the bill was referred, unamended, to the Senate Committee of the Whole for Second Reading.