URGENT ACTION ALERT: Stop junk fees in Colorado!
Colorado’s House Bill 25-1090 aims to protect consumers from deceptive “junk fees” – those hidden, mandatory charges that some businesses and landlords add to the advertised price of goods and services. Common examples include:
- Resort fees at hotels.
- Processing or administrative fees.
- Mandatory service charges.
- Hidden rental agreement fees that can add up to hundreds of dollars per month in additional housing costs.
Learn more about junk fees in the bill’s factsheet.
This bill needs your help!
HB25-1090 is a good bill for Coloradans, but it has been weakened by the state’s Senate Judiciary Committee which eliminated the “private right of action,” – your right to question hidden fees through demand letters and to take direct action when a business or landlord violates the law. Without this provision, your options for recourse against deceptive junk fees will be limited.
What is a Private Right of Action?
A private right of action allows individual consumers to:
- Ensure transparency, by sending a demand letter questioning hidden fees.
- File a lawsuit against businesses or landlords that violate the law.
- Seek remedies including refunds, damages, and attorney fees.
- Hold violators accountable directly, without waiting for government action.
Without this provision, enforcement relies primarily on the Attorney General’s office with limited resources, leaving many violations unaddressed.
Why this matters
- No Meaningful Enforcement: Without the ability to take legal action, consumers have no practical way to enforce the law. This enforcement mechanism is essential for ensuring compliance; businesses and landlords must understand there are real consequences for violations.
- Rental Protections Weakened: The bill offers key tenant protections, including banning excessive utility fees, property tax payment fees, processing fees for rent, and charging for common area maintenance. However, these measures require strong enforcement to be effective.
- Violators Face Few Consequences: Removing enforcement mechanisms means landlords and businesses can continue charging junk fees with little risk.
Federal Protections Are Uncertain
- Dismantling of Consumer Protections: The Trump Administration took action to weaken the Consumer Financial Protection Bureau and Federal Trade Commission through illegal firings and restructuring efforts, jeopardizing federal consumer protection.
- These federal challenges make strong state-level protections with reliable enforcement even more critical for Colorado consumers.
Take action now!
The bill is scheduled for the Senate floor THIS WEEK. Your senator needs to hear from you TODAY!
Call or email your Senator and tell them to restore the private right of action in HB25-1090.
Why? Because:
- Without the ability to take legal action, Coloradans will have no way to enforce their rights against junk fees.
- Landlord junk fees harm Colorado families and small businesses alike. The bill’s protections against excessive utility fees, property tax payment fees, processing fees and more depend on strong enforcement to make a difference.
- With federal consumer protections uncertain, strong state-level consumer protections are more important than ever.
Sample Message
Copy & paste into your email.
Dear Senator [SENATOR’S LAST NAME],
My name is [YOUR NAME] and I live in [CITY], Colorado. I’m writing to urge you to restore the private right of action in House Bill 25-1090, which protects consumers from deceptive junk fees.
These hidden fees are a serious financial burden for Colorado families like mine. These deceptive pricing practices make it impossible to compare prices honestly and they have real consequences for our household budget. Without the private right of action, this bill will be unenforceable for most consumers who encounter these deceptive junk fees.
I strongly support HB25-1090 because:
- Small businesses and everyday consumers deserve transparency in pricing. When businesses and landlords use deceptive pricing practices, they’re not competing fairly.
- The private right of action is essential for enforcement. The Attorney General’s office simply doesn’t have the resources to pursue every junk fee violation, leaving most consumers without recourse.
- The bill provides critical protections for tenants against junk fees, but these protections are meaningless if tenants cannot enforce their rights.
- With federal consumer protections under threat, Colorado must enact strong state-level protections with reliable enforcement mechanisms.
The Senate Judiciary Committee weakened this bill by removing consumers’ ability to enforce their rights. I urge you to restore the private right of action to ensure this consumer protection law has real teeth.
Please support HB25-1090 and vote to restore the private right of action in this bill. Colorado consumers deserve meaningful protection against predatory junk fees.
Thank you for your time and consideration.
Sincerely,
[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
THANK YOU!