Western Food Plan v. Dist. Ct.

36 Citing cases

  1. People v. Shifrin

    342 P.3d 506 (Colo. App. 2014)   Cited 22 times
    Noting that "[t]he majority of courts in other jurisdictions have concluded that similar consumer protection actions are primarily equitable"

    And imposing a stay pending final resolution of the criminal case, which may include appeals, would frustrate the purpose of the CCPA to provide “prompt, economical, and readily available remedies against consumer fraud.” W. Food Plan, Inc. v. Dist. Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (1979).

  2. Crowe v. Tull

    126 P.3d 196 (Colo. 2006)   Cited 100 times
    Holding that one of the elements of a claim under the CCPA is a finding that the unfair or deceptive practice "significantly impacts the public as actual or potential consumers of the defendant's goods, services, or property"

    The CCPA was enacted to provide "prompt, economical, and readily available remedies against consumer fraud." Western Food Plan v. Dist. Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (1979). This court has taken "[a]n expansive approach . . . in interpreting the CCPA by reading and considering the CCPA in its entirety and interpreting the meaning of any one section by considering the overall legislative purpose."

  3. Showpiece Homes v. Assurance America

    38 P.3d 47 (Colo. 2002)   Cited 82 times
    Holding that provision "exempts only those actions that are ‘in compliance’ with other laws" and "[c]onduct amounting to deceptive or unfair trade practices ... would not appear to be 'in compliance with other laws"

    The CCPA's broad legislative purpose is "to provide prompt, economical, and readily available remedies against consumer fraud." Western Food Plan, Inc. v. Dist. Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (1979). This purpose is achieved through injunctions and civil penalties such as treble damages and attorney's fees.

  4. Showpiece Homes v. Assurance Co.

    No. 00SA212 (Colo. Dec. 17, 2001)

    The CCPA's broad legislative purpose is "to provide prompt, economical, and readily available remedies against consumer fraud." Western Food Plan, Inc. v. Dist. Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (1979). This purpose is achieved through injunctions and civil penalties such as treble damages and attorney's fees.

  5. Colorado St. Bd. v. Colo. Court, Appeals

    920 P.2d 807 (Colo. 1996)   Cited 11 times
    Holding under C.A.R. 21 that the court of appeals exceeded its jurisdiction in issuing stay

    In all original proceedings brought under this rule . . . the clerk of the Supreme Court shall serve a copy of the order to show cause by mail on the respondent district court and other respondents, and on all parties in the district court action or in the proceeding in the inferior tribunal . . . . In support of her position, Owens cites two of our decisions, Western Food Plan, Inc. v. District Court, 198 Colo. 251, 598 P.2d 1038 (1979), and Intermountain Rural Electric Association v. Public Utilities Commission, 723 P.2d 142 (Colo. 1986).

  6. May Department Stores Company v. State

    863 P.2d 967 (Colo. 1993)   Cited 49 times
    Concluding that a department store chain's misleading advertisements violated the CCPA

    The mandatory nature of this penalty is consistent with the legislative spirit and intent to provide "prompt, economical, and readily available remedies against consumer fraud." Western Food Plan, Inc. v. District Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (Colo. 1979).

  7. General Steel Domestic v. Hogan Hartson

    230 P.3d 1275 (Colo. App. 2010)   Cited 11 times
    Holding that the bait-and-switch advertising prohibition in the Colorado Consumer Protection Act includes the element of an intent to deceive

    The CCPA was enacted to provide a remedy "against consumer fraud." Western Food Plan, Inc. v. Dist. Court, 198 Colo. 251, 256,' 598 P.2d 1038, 1041 (1979). Thus, the CCPA empowers the Attorney General and private parties to initiate actions against persons engaged in deceptive trade practices.

  8. Valentine v. PNC Fin. Servs. Grp.

    Civil Action No. 1:18-cv-01934-CMA-SKC (D. Colo. Aug. 1, 2019)   Cited 2 times

    The CCPA was enacted by the Colorado legislature to provide a remedy against consumer fraud. W. Food Plan, Inc. v. Dist. Ct., 598 P.2d 1038, 1041 (Colo. 1979). To establish a claim under the CCPA, a plaintiff bears the burden to show: (1) the defendant engaged in an unfair or deceptive trade practice; (2) the challenged practice occurred in the course of defendant's business, vocation, or occupation; (3) the plaintiff suffered injury in fact to a legally protected interest; (4) the challenged practice caused the plaintiff's injury; and (5) the challenged practice significantly impacts the public as actual or potential consumers of the defendant's goods, services, or property.

  9. Watson v. Dillon Cos.

    797 F. Supp. 2d 1138 (D. Colo. 2011)   Cited 11 times
    Applying Colorado law

    They further contend that Plaintiffs cannot demonstrate a significant public impact. The CCPA is intended to provide “prompt, economical and readily available remedies against consumer fraud,” W. Food Plan v. Dist. Court, 198 Colo. 251, 256, 598 P.2d 1038, 1041 (Colo.1979); I should therefore keep in mind its “strong and sweeping remedial purposes.” Crowe v. Tull, 126 P.3d 196, 202 (Colo.2006).

  10. Giles v. Inflatable Store, Inc.

    Civil Action No. 07-cv-00401-PAB-KLM (D. Colo. Apr. 6, 2009)   Cited 7 times

    2006) ("The CCPA was enacted to provide `prompt, economical, and readily available remedies against consumer fraud.'" (quoting Western Food Plan v. Dist. Court, 598 P.2d 1038, 1041 (1979))). Moreover, in grafting the puffery doctrine onto the Consumer Protection Act, the Park Rise Court cited to a warranty case — Elliott v. Parr, 66 P.2d 819 (Colo.