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Legislative Year: 2020 Change
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Bill Detail: SB20-093

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Title Consumer And Employee Dispute Resolution Fairness
Status House Committee on Finance Postpone Indefinitely (06/04/2020)
Bill Subjects
  • Courts & Judicial
  • Labor & Employment
House Sponsors D. Jackson (D)
M. Weissman (D)
Senate Sponsors M. Foote (D)
S. Fenberg (D)
House Committee Finance
Senate Committee Judiciary
Date Introduced 01/13/2020
Description

The bill enacts the Consumer and Employee Dispute Resolution
Fairness Act (act). For certain consumer and employment arbitrations,
the act:

  • Prohibits the waiver of standards for and challenges for
evident partiality prior to a claim being filed and requires
any waiver of such provisions after the claim is filed to be
in writing;
  • Provides that the right of a party to challenge an arbitrator
based on evident partiality is waived if not raised within a
reasonable time of learning of the information leading to
the challenge but that such right is not waived if caused by
the opposing party;
  • Establishes ethical standards for arbitrators; and
  • Requires specified public disclosures by arbitration
services providers but includes protections for certain
confidential information.
The bill also requires an individual arbitrator for certain consumer
and employment arbitrations to make additional disclosures of
information that might affect the arbitrator's impartiality.
The bill specifies how attorney fees and other reasonable expenses
are to be awarded if a court vacates an award because of an arbitrator's
evident partiality or failure to make required disclosures and clarifies
when appeals of orders may be made in consumer and employee
arbitrations.
The bill also provides that for a standard form contract involving
a consumer or employee:
  • Specified terms are unenforceable as against public policy;
  • Including an unenforceable term constitutes a deceptive
trade practice under the Colorado Consumer Protection
Act; and
  • How certain cost-shifting provisions are to be interpreted.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (01/24/2020) (most recent)  
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