Sale of public services - deceptive trade practice - definition.

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(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge:

  1. The person reserves or obtains the service or appointment, and the person sells theservice or appointment;

  2. The person reserves or obtains, with the intent to sell, the service or appointment;

  3. The person reserves or obtains the service or appointment, and the person appendsthe service or appointment to another good or service the person offers for sale; or

  4. The person falsely represents to the potential customer that the person has obtainedor secured the service or appointment, and the person attempts to sell the service or appointment.

(2) This section does not apply when the person:

  1. Has consent from the government entity to sell the specific service or appointmentobtained or reserved; or

  2. Is obtaining and selling or offering to sell only information.

(3) As used in this section, "government entity" means the state of Colorado, a political subdivision of Colorado, or an agency of either the state of Colorado or a political subdivision of Colorado.

Source: L. 2016: Entire section added, (HB 16-1335), ch. 246, p. 1015, § 3, effective July 1.


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