SB 23-037

Senate Bill 23-037, which has been signed into law and will take effect on August 7, 2023, requires anyone who charges a fee for filing documents with or retrieving records from the Colorado Secretary of State to provide clear information about their services. This includes disclosing where these documents can be filed directly without using a third-party service and providing their own name and physical address. The law also bans misleading practices that make it seem like there's a legal requirement to use their service, which could mislead people into thinking the state or local government requires them to pay for these services. This bill affects anyone who uses third-party services to file documents with or retrieve records from the Secretary of State’s office and aims to protect consumers from deceptive practices.

Official Summary

The act requires a person who solicits a fee for filing a document with, or retrieving a public record from, the secretary of state to include specific disclosure language in the solicitation. The person must also include information on where the document can be filed directly with the secretary of state, or where the public record can be retrieved, and the name and physical address of the person who is soliciting. The act also prohibits the use of any form, deadline dates, or other language that makes the document used for solicitation appear to be issued by a state agency or local government or that appears to impose a legal duty on the person being solicited. Violation of these requirements is an unfair or deceptive trade practice. APPROVED by Governor April 11, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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