Colorado state law cases hit the roof as Plaintiffs discover a potentially overlooked portion of Colorado’s Prevention of Telemarketing Fraud Act (PTFA).
Under section 6-1-304(4)(a)(I) of the PTFA, it is an unlawful telemarketing practice to“[list] a cellular telephone number in a directory for a commercial purpose unless the person whose number has been listed has given affirmative consent, through written, oral, or electronic means, to such listing.”
As of late, there have been several class action lawsuits filed under this portion of the PTFA. And as you can imagine, I bet there are a lot of online directories listing cell phone numbers for commercial purposes, and most probably have no idea this is prohibited for Colorado residents unless provided with affirmative consent.
There is a private right of action provided for a violation of this portion of the PTFA, along with damages, court costs, attorney fees, and a penalty up to $500 for a first offense and up to $1000 for a second or subsequent offense.
State laws are so unique and varied that you can get tripped up quickly on some of the nuanced laws that are out there. We are here to help you navigate not only the TCPA but the states as well.
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