In Re the State of Colorado ex rel. Cynthia H. Coffman

Summary

The court made its rule absolute in this original proceeding and held that the State could pursue its CCPA theory that defendants deceptively represented inflated foreclosure-service charges as actual, necessary, and reasonable costs. It ruled that disclosure of the amount charged does not automatically cure deception and that market-rate evidence is relevant to whether the invoiced costs were actual or reasonable and to calculating disgorgement. Justice Gabriel, joined by Justice Hood, dissenting, would have vacated the order to show cause and dismissed the appellate proceeding because the district court had consistently limited the State's theory to an alleged kickback scheme.