(1) The provisions of this article shall be available in a civil action for any claim against any person who has engaged in or caused another to engage in any deceptive trade practice listed in this article. An action under this section shall be available to any person who:
Is an actual or potential consumer of the defendant's goods, services, or property andis injured as a result of such deceptive trade practice, or is a residential subscriber, as defined in section 6-1-903 (9), who receives unlawful telephone solicitation, as defined in section 6-1-903 (10); or
Is any successor in interest to an actual consumer who purchased the defendant'sgoods, services, or property; or
In the course of the person's business or occupation, is injured as a result of suchdeceptive trade practice.
(2) Except in a class action or a case brought for a violation of section 6-1-709, and notwithstanding any other law, any person who, in a private civil action, is found to have engaged in or caused another to engage in any deceptive trade practice listed in this article 1 is liable in an amount equal to the sum of:
(a) The greater of:
The amount of actual damages sustained, including prejudgment interest of eithereight percent per year or at the rate provided in section 13-21-101, whichever is greater, from the date the claim under this article 1 accrued; or
Five hundred dollars; or
Three times the amount of actual damages sustained, if it is established by clear andconvincing evidence that such person engaged in bad faith conduct; plus
(b) In the case of any successful action to enforce said liability, the costs of the action together with reasonable attorney fees as determined by the court.
(2.3) As used in subsection (2) of this section, "bad faith conduct" means fraudulent, willful, knowing, or intentional conduct that causes injury.
(2.5) Notwithstanding the provisions of subsection (2) of this section, in the case of any violation of section 6-1-709, in addition to interest, costs of the action, and reasonable attorney fees as determined by the court, the prevailing party shall be entitled only to damages in an amount sufficient to refund moneys actually paid for a manufactured home not delivered in accordance with the provisions of section 6-1-709.
(2.7) Notwithstanding the provisions of subsection (2) of this section, in the case of any violation of section 6-1-105 (1)(ss), the court may award reasonable costs of the action and attorney fees and interest, and in addition, the prevailing party shall be entitled only to damages in an amount sufficient to refund moneys actually paid for the installation of a manufactured home not installed in accordance with the provisions of part 33 of article 32 of title 24, C.R.S., that apply to the installation of manufactured homes.
Any person who brings an action under this article 1 that is found by the court to befrivolous, groundless and in bad faith, or for the purpose of harassment shall be liable to the defendant for the costs of the action together with reasonable attorney fees as determined by the court.
Costs and attorney fees shall be awarded to the attorney general or a district attorneyin all actions where the attorney general or the district attorney successfully enforces this article.
Source: L. 69: p. 376, § 12. C.R.S. 1963: § 55-5-12. L. 86: Entire section amended, p. 446, § 5, effective April 17. L. 87: Entire section amended, p. 360, § 9, effective July 1. L. 98: IP(2) amended and (2.5) added, p. 748, § 3, effective August 5. L. 99: Entire section amended, p. 636, § 1, effective May 18. L. 2000: (2.7) added, p. 1162, § 4, effective July 1, 2001. L. 2001: (1)(a) amended, p. 1461, § 3, effective August 8. L. 2003: (2.7) amended, p. 550, § 4, effective March 5. L. 2019: IP(2), (2)(a)(I), and (3) amended, (HB 19-1289), ch. 268, p. 2517, § 4, effective May 23.