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0112 Consumer Problems in Colorado

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0112 Consumer Problems in Colorado University of Denver Digital Commons @ DU Colorado Legislative Council Research All Publications Publications 11-1966 0112 Consumer Problems in Colorado Colorado Legislative Council Follow this and additional works at: https://digitalcommons.du.edu/colc_all Recommended Citation Colorado Legislative Council, "0112 Consumer Problems in Colorado" (1966). All Publications. 120. https://digitalcommons.du.edu/colc_all/120 This Article is brought to you for free and open access by the Colorado Legislative Council Research Publications at Digital Commons @ DU. It has been accepted for inclusion in All Publications by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. Report to the Colorado General Assembly• ... N co0 0 0u CONSUMER PROBLEMS .. .,; IN COLORADO ..c it:... I in... "N .. 0 u C)z Q z ai ~ 0 0 ca w~ > 11,1z Q .a>- -a C ::, ca0 LEGISLATIVE COlKIL OF THE COLORADO GENERAL ASSEMBLY senators Representatives Floyd Oliver, Chairman C. P. (Doc) Lamb, Vice Chairman Fay DeBerard Forrest Burns Vincent Massari Allen Dines, Speaker L. T. Skiffington Richard Gebhardt Ruth Stockton Harrie Hart Robert L. Knous, Mark Hogan Lt. Governor John R. P. Wheeler ******** The Legislative Council, which is composed of five Senators, aix Representatives, and the presiding officers of the two houses, serves as a continuing research agency for the legisla­ ture through the maintenance of a trained staff. Between sessions, research activities are concentrated on the study of relatively broad problems formally proposed by legislators, and the publication and distribution of factual reports to aid in their solution. During the sessions, the emphasis is on supplying legisla­ tors, on individual request, with personal memoranda, providing them with information needed to handle their own legislative problems. Reports and memoranda both give pertinent data in the form of facts, figures, arguments, and alternatives. CONSUMER PROBLEMS IN COLORADO Legislative Council Report to the Colorado General Assembly Research Publication No. 112 November 1966 OFFICERS COLORADO GENERAL ASSEMBLY Sen, Floyd Oliver Chairman Rep. C.P. (Doc) Lomb Vice Chairman MEMBERS Lt. Gov. Robert L l<nous STAFF Sen. Foy De8erord Lyle C. Kyle Sen. Wllllom 0. lenr,o,c Director Sen. VlncMif Massari Phi lllp E. Jones Sen. Ruth S. Stockton Senior Analyst David F. Morrissey Speaker All"" Dines Senior Analyst LEGISLATIVE COUNCIL Rep. Forr•st G. Bums Janet Wt Ison Rep. Richard G. Gebhardt Research Associate ROOM 341, STATE CAPITOL Rep. Harrie E. Hort Roger M. Weber DENVER, COLORADO 80203 Rep. Mark A. Hog<!n Research Assistant 222-9911 • EXTENSION 2285, Rep. John R. P. Wheeler November 29, 1966 To Members of the Forty-sixth Colorado General Assembly: In accordance with the provisions of House Joint Resolution No. 1024, 1965 session, the Legislative Council submits the accompanying report and recommendations relating to consumer problems in Colorado. The report and recommendations of the committee appointed to conduct a study of consumer problems were accepted by the Council at its meeting on November 28, 1966, for transmission to the members of the Forty-sixth General Assembly. Respectfully submitted, Senator Floyd Oliver Chairman iii OFFICERS Sen, Floyd Oliver COLORADO GENERAL ASSEMBLY Chairman Rep. C.P. (Doc) Lamb Vice Chairman M!MBERS Lt, Gov, Robert L. f<nou1 STAFF Sen. FOY. De8erord Lyle C. Kyle Sen, Wlllla111 0. lenna,c Director Sen. Vincent Massari Phllllp E. JonH Sen, Ruth S. Stodcton Senior Analy1t David F. Mo"lasey 5Peaker Allen DlnH Senior Analy1t LEGISLATIVE COUNCIL ~ep. ForrHt o. Bums Janet WI I son Rep. Richard G. O.bharch Research Assoclote ROOM 3<11, STATE CAPITOL Rep. Hartle l:, Hort . Ro.ser M. Weber DENVER,COLORADO 80203 Rep, Marie A. Hogqn Research A11lstont 222- 9911 • EXTENSION 2285 Rep. John R. P. Wheelet October 21, 1966 Senator Floyd Oliver, Chairman Colorado Legislative Council Room·341, State Capitol Denver, Colorado Dear Mr. Chairman: Your committee appointed to conduct "a study of con­ sumer problems for the purposes of determining if Colorado law is adequate to safeguard the rights of its citizens from questionable sales devices and individuals" has completed its activities for 1965-66 and submits the accompanying re­ port and recommendations. As may be noted from the committee's report, the members were able to consider a number of subjects concerning consumer problems in Colorado and to prepare several measures thereon for legislative consideration. However, additional work in many areas involving business-consumer relations would be of substantial value, and the committee is therefore recommending the continuation of this study. Respectfully submitted, Representative John R. P. Wheeler, Chairman, Committee on Consumer Problems JRP/mp V FOREWORD House Joint Resolution No. 1024, 1965 regular session, in­ cluded the directive that the Legislative Council was to undertake a two-year study "of consumer problems for the purpose of deter­ mining if Colorado law is adequate to safeguard the rights of its citizens from questionable sales promotion devices and individuals," including such specific subjects as problems of land subdivisions, disclosure and amount of interest rates, collection practices, causes of bankruptcies, and a continuing review of funeral and pre­ need practices. The membership of the committee appointed to carry out this assignment included: Rep. John R. P. Wheeler, Chairman Rep. Johns. Carroll Rep. Gerald Kopel, Vice Chairman Rep. Ralph A. Cole Senator James c. Perrill Rep. Victor B. Grandy Senator Roy Romer Rep. James LaHaye Senator Ed Scott Rep. Paul Morris Senator Paul E. Wenke Rep. Donald Strait Rep. Ray H. Black Rep. John D. Vanderhoof Senator Floyd Oliver, chairman of the Legislative Council, also served as an ex officio member of the committee. Following the appointment of the committee, the members be­ gan their assignment by reviewing the work of the 1964 Council Com­ mittee on Consumer and Funeral Problems and related action taken by the General Assembly in the 1965 regular session. The members thereupon agreed on several specific topics to consider prior to submitting its report and recommendations to the Legislative Council in November of 1966. It is to the credit of this committee that the major goals it set out to consider were completed for the most part during its relatively limited life span. Phillip E. Jones, senior research analyst for the Legislative Council, had the primary responsibility for the staff work on this study, with the aid of Roger M. Weber, research assistant. Mr. James c. Wilson, Jr~, assistant attorney general, Legislative Refer­ ence Office, had primary responsibility for the bill drafting services provided the committee. Lyle C. Kyle November 28, 1966 Director vii TABLE OF CONTENTS f!9.t LETTERS OF TRANSMITTAL iii FOREWORD vii COMMITTEE FINDINGS AND RECOMMENDATIONS xv Consumer Protection Agency xvi False and Misleading Advertising xvii Subdivision Regulations xviii Consumer Credit xix Door-to-door Sales xxi Preneed Funeral Plans xxii Causes of Consumer Bankruptcies xxii Agriculture and Food Prices xxii Continuation of Study of Business and Consumer Problems xxii BILL DRAFTS 1 A Providing For A Consumer Fraud Division Under The Department Of Law l B Concerning Fraud In Effecting Sales And Relating To False Advertising 1 C Providing For The Registration And Control Of Subdivisions 11 D Concerning Retail Installment Sales And The Extension Of Credit 29 E Concerning Consumer Loans And Regulating The Lending Of Money 75 F Concerning Certain Contracts Of Purchase And Providing For The Cancellation Of Such Contracts Under Certain Circumstances 123 G -- Concerning Contracts To Furnish A Final Resting Place, Personal Property, Or Services Of Any Nature Upon The Dealth Of Any Person, Defining Certain Terms, And Providing For Liquidated Damages In The Event Of Default Or Cancellation Thereof 127 ix Page COOSUMER PROBLEMS IN COLORADO 131 Consumer Protection Agency 133 Connecticut Department of Consumer Protection 135 Massachusetts Consumers' Council 136 California's Office of Consumer Counsel· 140 Consumer Protection Programs Under Office of Attorney General 143 Hawaii 147 Kansas 149 Michigan 149 Missouri 150 New Jersey 151 New Mexico 152 New York 152 North Dakota 153 Ohio 155 Washington 156 Other States 164 Summary of Committee Meetings 165 California Consumer Counsel Program 165 New Mexico Consumer Protection Program 167 Colorado Attorney General 168 Other Comments 169 Mr. Rudolph Gon-zales 169 Mr. W. Dan Bell 169 Mr. William Falk~nberg 170 Mr. Gordon R. Yates 171 False and Misleading Advertising 171 Summary of State Laws on Misleading Advertising 172 Knowledge or Deceit Required 173 Media Exempted from Prosecution 173 Bait Advertisements and False Price Comparisons 173 Enforcement Provisions 173 Summary of Committee Meetings 178 Mr. W. Dan Bell 178 Mr. Gordon R. Yates 178 Mr. Paul Blue 180 Mr. Robert Lucas 180 Subdivision Regulat~on 180 Mr~ W. Dan Bell 182 Mr. S. Verne Cooper 182 Mr. William Jones 183 Mr. Joseph M. Smith 183 Mr. Tom Pugh 184 Mr. Carl Enyeart 184 Mr. Ron Cook 184 Mr. Ed Northway 185 Mr. Keith T. Koske 185 X Page Consumer Credit Financing 185 Authorized Credit and Finance Rates in Colorado 186 Evolution of Consumer Credit and Finance Laws 188 Summary of Four Colorado Consumer Credit Financing Laws 193 Consumer Finance Act of 1955 193 Money Lenders Act of 1913 197 Retail Motor Vehicle Installment Sales Act 197 Personal Property Installment Sales Act 198 Insurance as Security for Loans 199 Disclosure Provisions in Consumer Loan Laws· 199 Colorado 199 Selected States 202 Alaska 202 Hawaii 202 Illinois 203 Indiana 203 Iowa 203 Minnesota 204 Nebraska 204 New Hampshire 204 New Mexico 205 North Dakota 205 South Dakota 205 Wisconsin 206 Consumer Finance Rates Compared 206 Summary of Meetings 207 Conference on Loan Disclosure and Finance Charges 207 Mr. Harry Bloom 207 Mr. Ted Neiswanger 208 Mr. Bernard Valdez 209 Mr. Gene Markley 209 Mr. Ben Fishman 210 Mr. Roden Rogers 211 Mr.
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