Anyone who lives near Durango CO should sue this company:
Protecting Your Rights in Small Claims Court
1. Identify the caller. Use “No-Call Notes” to gather information during the call (business name, business address, business phone, date and time of call, goods or services offered, and any other important details).
2. Call the Small Claims Clerk in your county for information on local court procedures. Their number is in the phone book under “government,” and listed by county under “courts.”
3. Fill out a “Small Claims Notice, Claim and Summons To Appear for Trial.” This is available from the courthouse, or on the web at www.courts.state.co.us. Click “Self-Help Center” to download and print the form.
4. Important information you will need to provide in your Complaint:
Information about yourself as the “plaintiff.”
Information about the registration of your home phone, fax or wireless number on the No-Call List. You may verify and print out your registration date by visiting www.coloradonocall.com.
Information about the person or organization that you are suing, the “defendant.” Telemarketer registration verification is available on www.coloradonocall.com. Click on “I want to know the telemarketers that have registered.”
If the defendant is a corporation, you must name and serve the “registered agent.” Call the Colorado Secretary of State for this information at 303-894-2251 or visit their website at www.sos.state.co.us.
The details of your claim.
5. Your complaint may include the following:
I am a Colorado resident with a residential telephone number of _________.
On ( date ), I registered my residential telephone, fax or wireless number with the Colorado No-Call List in accordance with the provisions of §6-1-905 (b)(3), C.R.S. (2002). Verification of this registration is attached as Exhibit 1.
I am a residential or wireless telephone service subscriber as defined by §§6-1-903(9) or (12), C.R.S. (2002).
Defendant is a (person/corporation/ or business) and (resides/is employed/is a student/ or has an office for conducting business) in ________ County.
On ( date ), I received a telephone solicitation as defined by §6-1-903(10)(a) and (c), C.R.S. (2002). Defendant made, or caused to be made, this solicitation.
Such telephone solicitations are prohibited by §6-1-904 (1)(a), C.R.S. (2002).
Pursuant to the Colorado Consumer Protection Act §6-1-105 (1)(tt), C.R.S. (2002), this unlawful telephone solicitation to a number on the No-Call List constituted a deceptive trade practice.
Defendant (was/was not) registered with the Colorado No-Call program vendor as required by §6-1-904(1)(b), C.R.S. (2002) on (date of call). If registered, Defendant’s registration verification should be attached as Exhibit 2.
Pursuant to §§6-1-113(1) and (2) C.R.S. (2002), Plaintiff is entitled to damages of $500 or actual damages, whichever is greater, for each violation.
Pursuant to §6-1-113(2.3) C.R.S. (2002), Plaintiff may be entitled to three times actual damages if the court finds that the Defendant engaged in bad faith conduct (fraudulent, willful, knowing, or intentional).
Pursuant to §6-1-113(2)(b), C.R.S. (2002), Plaintiff is also entitled to the costs of this action and any further actions required to enforce the court’s judgment.
6. File your complaint with the clerk of the small claims court in the appropriate jurisdiction. If the Defendant does not live, work, attend college, or have a business office in your county, you must file your claim in the small claims court where they do. You cannot sue out of state businesses in a Colorado small claims court. If the telemarketer is located out of Colorado, you may pursue an action in County Court. Contact your local County Court Clerk.
7. Pay a small filing fee. If you win at trial, the court will order this fee paid by defendant.
8. Service: You must have the Defendant served with the complaint at least 15 days before trial. Ask the clerk of the small claims court to explain how to do this. You must present proof of service to the court at or before the trial.
9. Defendant may file a response or answer stating why they believe your claim is not valid. It may be useful to review the following sections of the No-Call Law: “Definitions” (§6-1-903); “Exemptions” (§§6-1-903 (10)(b)); and, “Defenses” (§§6-1-906(2)(a) & (b)(4)).
10. Other hints:
Read all the papers that the court gives to you.
Make notes of the important facts of your case and what you want to say in court. Practice what you want to say in advance.
Decide what evidence or exhibits you will need and bring it with you to court.
If you have witnesses, bring them to court with you.
Visit the small claims court and watch some trials. The clerk can tell you the days and times that trials are regularly scheduled.
Be on time, be courteous, and listen carefully to all instructions.
NOTE: These suggestions are intended to provide general information on the Colorado No-Call Law and Small Claims Court procedures. Consumers are strongly encouraged to review the relevant Colorado Statutes and Court Rules when considering a small claims court action. The Attorney General cannot give you legal advice or act as your attorney. Consumers are encouraged to confer with a private attorney if they have questions about Colorado law and how it applies to their specific circumstances.