Opinion
Civil Action No. 10-cv-03115-RPM
04-10-2013
SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE, LLC and MATTHEW K. CHANG, M.D., Defendants.
Senior District Judge Richard P. Matsch
ORDER RE COLORADO CONSUMER PROTECTION ACT
At the Court's request, the parties have briefed the question of whether personal injury damages can be recovered for a violation of the Colorado Consumer Protection Act. The relevant provision, C.R.S. § 6-1-113(1)(a) provides that a civil action may be brought by any person who "is injured as a result of such deceptive trade practice," and does not expressly limit recovery for an "injury" to economic loss. Accordingly, injury should be given its common law meaning which would include compensation for injuries recognized in tort law. As in tort law, the plaintiff will be required to prove that the violation claimed was the proximate cause of the injuries claimed and by proving that Scott Czarniak made the decision to consent to the procedure based on his reliance on the advertising.
SO ORDERED.
BY THE COURT:
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Richard P. Matsch, Senior District Judge