What must Colorado businesses disclose about fees that are not in the total price?
Quick answer
Before the customer agrees to pay, you must clearly say three things about any charge that is not part of the total price: whether it is refundable, what good or service it pays for, and who receives it (C.R.S. 6-1-737(3)(b), HB25-1090). You also may not misrepresent any of those points. The total price itself must still be shown as one number.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | C.R.S. 6-1-737, added by HB25-1090 (2025 Colo. Sess. Laws ch. 94); takes effect January 1, 2026 and applies to conduct on or after that date (Section 5) | Official source |
| Disclose | For pricing information not part of the total price: its refundability, the good, service or property it is for, and its recipient, upon offering and before the person consents to pay (6-1-737(3)(b)) | Official source |
| Do not misrepresent | The refundability, identity, recipient or actual price of any amount charged (6-1-737(3)(a)) | Official source |
| Total price | One number including all mandatory fees, shown more prominently than other pricing information; government charges and actual shipping may be left out (6-1-737(1)(m), (2)(a)) | Official source |
| Clear and conspicuous | Easily noticeable and understandable; unavoidable online; in each language used in the ad; not contradicted elsewhere (6-1-737(1)(a)) | Official source |
| Penalty | A violation is a deceptive trade practice (6-1-737(5)(a)); civil penalty up to $20,000 per violation, counted per consumer or transaction, and up to $50,000 per violation against an elderly person (C.R.S. 6-1-112(1)) | Statute text (Justia copy) |
| Last verified | October 22, 2026 | Astor Ventures |
Which fees does this cover?
Any amount that is not part of the total price, for example an optional add-on, a deposit, or a charge the customer can choose to avoid. Mandatory fees belong inside the total price. For anything left outside it, the customer must be told, before agreeing to pay, if it is refundable, what it is for and who gets the money.
How must the disclosure look?
The law defines clear and conspicuous in detail. A visual disclosure must stand out by size, contrast and placement. Online it must be unavoidable, not hidden behind a link. It must appear in each language the offer uses and must not be contradicted by anything else in the ad or checkout.
Is there an exception for restaurants?
Yes. A restaurant or bar complies if every offer, display or ad shows, with the price, the percentage or amount of any mandatory service charge and an accurate description of how it is distributed. Other exceptions cover prices that cannot be known in advance, some federally regulated businesses, and delivery apps that follow specific rules.
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What else do people ask?
When did this start?
January 1, 2026, under Section 5 of HB25-1090.
Who enforces it?
The Attorney General or a district attorney can seek civil penalties under C.R.S. 6-1-112. The Attorney General may also adopt rules for this section.
Does this apply to landlords?
The same section has separate rules on fees landlords may charge tenants. Our kit covers business pricing, not landlord fees.
Is this legal advice?
No. General information only.
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