Bill
HB 1426
The bill expands and modernizes consumer protection enforcement (CCPA), debt collection, privacy, and related authorities, creating advisory councils and tightening protections and
HB 1426 (Colorado, 2026A) — Department of Law Legislative Report
Overview
- Purpose: Implements recommendations from the Colorado Attorney General’s 2026 Department of Law (DOL) report, which sought to modernize and strengthen the state’s consumer protection, debt collection, privacy, and related enforcement authorities. The bill also codifies certain advisory councils, adjusts subpoena and litigation processes, and makes nonsubstantive improvements to numerous statutory provisions.
- Status: Introduced in 2026; elements would become law if enacted.
Key Provisions and Changes
1) Interagency agreements for data sharing (Recommendation 1)
- Adds 2-3-211 to authorize the Attorney General (AG) or designee to notify the Joint Budget Committee (JBC) about potential or current litigation with budgetary impacts.
- Allows interagency agreements between DOL and other state agencies to improve data sharing and coordination (Section 14).
2) Expanded enforcement under Colorado Consumer Protection Act (CCPA) (Recommendations 2, 4, 5, 8, 9, 12)
- CCAP enforcement: Amendments to broaden DOL authority to pursue unfair or deceptive practices, including knowing/reckless professional qualifications violations within certain professions.
- Subpoena and discovery: Align pattern-and-practice investigation subpoena standards with those used for CCPA investigations (Sections 96, 97).
- Fee caps: Extend existing attorney-fee caps to district attorneys when enforcing the CCPA via third parties (Section 96).
- Sunset reviews and transparency: Sunset reviews for title/degree protections (CCPA-related) and enhanced information-sharing during discovery (Sections 19, 98, 96).
3) Advisory councils and program sunset (Sections 2, 6, 15, 34)
- Creates and governs advisory councils within DOL:
- Debt Collection Advisory Council (5-16-134.7) — three members (debt-collection industry representative, consumer advocate, member of the public) with chairman/vice-chair terms and two-year rotation (Sections 6).
- Colorado Consumer Protection Act Advisory Council (6-1-117) — three members (business community, consumer advocacy org, public) with two-year terms (Sections 15).
- Colorado Privacy Act Advisory Council (6-1-1315) — three members (technology sector, privacy-focused consumer advocacy, public) with two-year terms (Sections 34).
- Each advisory council is repealed on Sept 1, 2032, with scheduled reviews under 2-3-1203.
4) Real estate, debt, and debt-collection-specific updates (various sections)
- Real estate disclosures and protections:
- Strengthened disclosures around developer/cancellation provisions in real estate contracts (Section 18).
- Foreclosure and mortgage-related notices and consumer protections addressed in multiple sections (Sections 40, 41-45 relate to related sections; many align with consumer protection aims).
- Debt collection and consumer credit:
- New debt-collection advisory council governed by 5-16-134.7 (Section 6).
- Revisions to debt-collection-related definitions and enforcement mechanisms (Sections 4, 6, 7, 15, 16).
5) Administrative law and procedural updates (Recommendation 3, 8, 15)
- Regularly review administrative rules to ensure they meet stated objectives (Section 96).
- Nonsubstantive updates, including gendered-language neutralization and general clarifications to DOL procedures (Section 15 and related enactments).
6) Medical debt and financial protections (Section 5, 12-13)
- Medical debt interest cap clarified to apply only to direct medical costs (Section 5).
- Various penalties, civil actions, and administrative remedies aligned with the broader consumer protection framework (Sections 11, 13).
7) Other notable provisions
- Budget transparency in litigation: Agencies must notify JBC of new/expanded litigation risk affecting the state budget (Sections 1, 95, 96).
- Procurement and DOL operations: New procurement framework for the DOL to meet its duties (Sections 93-94).
- Miscellaneous statutory updates: Numerous conforming amendments and updates to terminology, definitions, and cross-references across multiple titles (Sections 3-8, 10-18, 20-27, 29-35, 37-45, 47-46).
Who is Affected
- State government: Department of Law (DOL), Joint Budget Committee, district attorneys, state licensing authorities, and agencies engaging in interagency data sharing.
- Consumers: Recipients of enhanced protections against deceptive trade practices, clearer disclosures, privacy protections, and improved enforcement against unfair practices.
- Businesses and professionals: Those subject to CCPA enforcement, debt collection regulation, real estate disclosures, health club disclosures, and professional credentialing provisions.
Timeline and Process
- Several sections create sunset provisions for advisory councils (2032) with required reviews before repeal.
- Regular rule reviews triggered by Section 96.
- Legislative pathway: The bill would advance through standard assembly processes; if enacted, the added sections would become law on their respective effective dates (not all dates are explicit in the text excerpt).
Notes
- The bill consolidates and codifies numerousSMART Act recommendations aimed at modernizing enforcement, increasing transparency, and improving interagency collaboration, while providing sunset reviews to reassess the newly created advisory councils.
Compiled from official sources — confirm details with the bill’s official record.
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