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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110383
Experience:  Attorney experienced in commercial litigation.
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Regarding my previous question about the post card revealing

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Regarding my previous question about the post card revealing loan information I received in Colorado. You sent a link to the statute (6-1-1001) but I didn't see any reference to penalties for violation of the statute. Are there any private rights to action on this?
Thank you for your new question.

I am afraid, CO Revised Statute 6-1-1001 does not provide any private cause of action under the law, the cause of action is for the lender or owner of the mark who was violated. The only cause of action an individual can take is a complaint to the CO Attorney General's Office.

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Customer: replied 3 years ago.

I know you didn't get the original question which was:


I just received a post card from a company (no name just a phone #) that referenced my original mortgage company by name, had my loan balance, primary borrows name (me) and said "loss mitigation department" listed on the front and information on how they could reduce my mortgage payment to a certain dollar amount through a modification program. My question is, are they allowed to send this type of information on a post card? I know according to FDCPA debt collectors can't, but what about this type of solicitation?


Is crs 6-1-1001 the only thing controlling this?


Thank you for your response.

The unfair and deceptive practices law and this statute cover this. Under this statute though only your lender or trademark holder has a right of action. This is why I said you would need to bring this under the unfair and deceptive practices claim. The answer is though that they are not allowed to use the information and send it, but it is an action up to the attorney general and/or the lender trademark owner to take against them and not someone who receives a notice in the mail.
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