The Colorado State Legislature's Senate Judiciary Committee convened on March 12, 2025, to discuss proposed amendments to House Bill 1090, which aims to prohibit deceptive pricing practices. The meeting highlighted key concerns from various stakeholders regarding the bill's language and its implications for businesses.
One significant point raised involved a proposed technical amendment to the bill's language. A representative noted ongoing discussions with the attorney general's office, which disagreed with the characterization of the amendment as "small." The suggested changes pertain to the "safe harbor" section of the bill, specifically the terms "governed by" and "subject to." The speaker argued that these terms would better reflect the relationship between entities and their compliance with regulations, emphasizing that prudential regulators are responsible for ensuring compliance.
Additionally, concerns were expressed about the lack of additional full-time employees (FTE) allocated to oversee compliance, raising questions about how effectively compliance could be monitored without adequate resources. The representative pointed out that while the attorney general has subpoena power to access bank records, they do not have general regulatory access, which could hinder effective auditing.
Ruthie Barco from Tech Net also provided testimony, supporting the bill's goal of enhancing transparency in pricing for consumers. However, she raised concerns about regulatory predictability and clarity for businesses, warning that without technical corrections, the bill could inadvertently create liability for legitimate marketing practices. Barco urged for amendments to narrow the bill's scope to align with the sponsors' intent, particularly regarding how fees are displayed to consumers.
The discussions underscored the need for careful consideration of the bill's language and its potential impact on both consumer protection and business operations. As the committee continues to deliberate, stakeholders are hopeful for amendments that will address these concerns while maintaining the bill's objectives.