The Struggle Against a Flawed Consumer Protection System
For decades, Colorado has been grappling with the consequences of a flawed consumer protection system. This system, designed to safeguard consumers from deceptive practices, fraud, and predatory behavior, has been compromised by loopholes and weaknesses that have left Coloradans vulnerable. While many businesses operate ethically, there are a few bad actors who exploit the system, causing harm to unsuspecting consumers.
Let’s look closer at addressing Colorado’s consumer protection laws can help consumers both inside and outside of the state. Colorado’s consumer protection laws are meant to deter and address misconduct, but they fall short in several key areas. Notably, the existing law stipulates that to seek a remedy under the Consumer Protection Act, a person who has been cheated must prove that the business’s practices have a “significant impact on the public.” This burden of proof is not only challenging to meet, but it also serves as a barrier to justice for consumers who have been defrauded.
At Finn Law Group, we have witnessed the impact of these shortcomings firsthand, particularly in the timeshare industry. Colorado is home to many timeshare properties and, unfortunately, also to a number of timeshare exit companies that prey on timeshare owners seeking to end their ownership contracts. These exit companies often engage in misleading marketing practices and charge exorbitant fees, while failing to deliver on their “Money Back Guarantees” and contractual promises.
Challenges Faced by Timeshare Owners in Seeking Justice Under Current Laws
Under the current Colorado consumer protection laws, vacation owners who have fallen victim to these fraudulent timeshare exit companies face an uphill battle in seeking recourse. They are required to prove that the exit company’s practices have significantly affected the public, a difficult and costly endeavor that often leaves them without a path to justice.
Additionally, the law demands that consumers demonstrate that the business acted “knowingly or recklessly” in its deceptive practices. This requirement further complicates the process of holding unethical businesses accountable and limits the ability of victims to seek damages. Timeshare owners often have little or no evidence that the timeshare exit company acted with malice, making it nearly impossible to satisfy this requirement and win a case.
The Finn Law Group is devoted to protecting timeshare owners from deceitful practices and advocating for stricter consumer protection laws in Colorado. For instance, the Federal Bankruptcy Court in Denver appointed J. Andrew Meyer on behalf of consumers dealing with Timeshare Termination Team’s case when potential fraudulence was exposed by the Trustee. This action prevented TTT’s owners from concealing assets any longer and intensified investigation into their activities ensued as a result. Many more opportunities for redress would have been available if stronger laws had been put in place that supported consumers’ rights first before those of business owners
Thankfully, there is an opportunity for change. HB23-1192, a bill introduced by Rep. Mike Weissman and Sens. Robert Rodriguez and Julie Gonzales, aims to address these issues and strengthen consumer protection laws in Colorado. The bill seeks to ease the evidentiary burden of proving a “significant impact on the public” and would remove the “knowingly or recklessly” requirement from the general prohibition of deceptive practices.
The proposed changes are both reasonable and necessary, and they align with consumer protection standards in many other states. Colorado residents deserve robust consumer protections that allow them to seek justice when they are wronged by unscrupulous businesses.
At Finn Law Group, we support the passage of HB23-1192 and its commitment to enhancing consumer rights. We believe that this legislation is a crucial step toward a fairer and more just consumer protection system in Colorado.
A Call to Action: Advocating for Stronger Consumer Protections in Colorado
We urge Coloradans to support this important bill and join us in advocating for a consumer protection framework that prioritizes the well-being of all residents, including timeshare owners seeking a fair and transparent exit from their contracts.
As Colorado strives for a fairer consumer protection landscape, we pledge to support those harmed by timeshare fraud and advocate for their rights. If we work together, we can ensure all Colorado consumers are safeguarded and empowered.
Please note that the content of this article is provided solely for informational purposes and should not be interpreted as legal counsel or guidance. For assistance in comprehending any of the consumer protection issues addressed, we recommend consulting with a qualified timeshare attorney.
Led by attorneys J. Andrew Meyer and Michael D. Finn with over 75 years of combined legal experience. The Finn Law Group is a consumer protection firm devoted to holding corporations accountable when they violate the rights of timeshare owners. If you have experienced consumer abuse, or if you have any questions regarding your consumer rights, please contact Finn Law Group for a free consultation. You may also visit us online at www.finnlawgroup.com, or call us toll-free at 1-855-FINN-LAW. Together, we can protect your rights and hold big businesses accountable!