HB26-1012 • 2026

Consumer Protections to Promote Fair Market Pricing

In 2025, the general assembly enacted House Bill 25-1090, which requires clear and conspicuous disclosures regarding the maximum total price charged for goods, services, and property. The bill adds a

Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. K. Brown, Rep. Y. Zokaie, Sen. W. Lindstedt, Sen. M. Weissman
Last action: 2026-03-03
Official status: House Committee on Judiciary Postpone Indefinitely
Effective date: Not listed

Plain English Breakdown

The bill status shows it was postponed indefinitely by a committee in March 2026, meaning the law described may not take effect.

Consumer Protections for Fair Pricing and Delivery Price Comparisons

This bill requires delivery platforms to show price comparisons with in-store prices and prohibits sellers from charging unreasonably excessive prices to consumers at locations where they have no other choices.

What This Bill Does

Requires people selling goods for delivery to disclose, at the point of sale, a comparison between the total delivered price and the total price available inside the store.
Prohibits charging unreasonably excessive prices to captive consumers.
Defines 'captive consumer' as someone at a location where sellers have no competitors for certain extra goods or services.
Presumes unfair trade practices if a seller charges more than the average county price, but allows sellers to prove their higher prices are not unreasonable.
Adds these rules to the Colorado Consumer Protection Act so violations can be enforced by state officials.

Who It Names or Affects

Online delivery service platforms that sell goods for home delivery.
Grocery stores and other sellers using online systems to manage deliveries.
Sellers of extra goods or services at airports, hospitals, event venues with over 2,000 seats, outdoor festivals expecting over 2,000 people, and correctional facilities.
Consumers who buy items in locations where they cannot easily compare prices from other sellers.

Terms To Know

Captive consumer: A person at a specific location where the seller has no competitors for certain goods or services, leaving the buyer with only one choice of price.
Ancillary good or service: Extra items sold alongside main activities, such as food or drinks sold inside an airport terminal or stadium.
On-app price: The total cost a customer pays when buying and ordering delivery through an online application.

Limits and Unknowns

This summary describes the bill as it was introduced; changes made during committee review or voting are not included.
The final effective date depends on whether voters file a petition to put the law up for a public vote within ninety days after the legislative session ends.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.002

HOU Judiciary

Passed [*]

Plain English: This amendment narrows the bill's rules to only apply to ticketed events in large venues like stadiums and fairs, while excluding county or state fairs from those specific requirements.

Limits the rule about maximum price disclosures to individuals attending a single auditorium, arena, stadium, or other assembly space.
Excludes county or state fairs from the requirement that applies to expected events in large venues.
Adds a new condition stating that prices must exceed ten percent above a certain amount for the rules to apply.

The amendment text does not explain what specific price baseline is used to calculate if costs 'exceed ten percent above' it.
It is unclear exactly which parts of the original bill are affected by these changes without seeing the full context of page 5.

L.005

HOU Judiciary

Passed [*]

Plain English: This amendment limits the new price disclosure rule for hospital emergency rooms to only apply when selling extra items or services in a shop or cafeteria.

The bill now requires clear pricing labels only for goods and services sold in a hospital's shop or cafeteria within an emergency room.

L.006

HOU Judiciary

Passed [*]

Plain English: This amendment adds a new definition for 'ancillary good or service' to clarify which extra items sold at specific locations are covered by the bill.

It defines an ancillary good or service as something sold at a captive location that is not the main reason people visit there.
The amendment lists examples of included items like food, drinks, parking, and phone services in places such as airports, hospitals, event venues, and correctional facilities.

This text only provides a definition for specific terms and does not explain the full rules or penalties that apply to these goods.
The amendment excludes certain items like event tickets, flights, and medical services from this new category.

L.007

HOU Judiciary

Passed [*]

Plain English: This amendment requires sellers using delivery apps to report monthly if their online prices are higher than in-store prices, and it limits price protection refunds to situations where this reported difference exists.

Sellers must send a monthly report to the delivery company stating whether an item's app price differs from its store price within the last 30 days.
The report must include how much money higher or lower the online price is compared to the in-store price.
Customers can only get a refund for overcharging if the seller's latest monthly report shows that the app price was different than the store price.

The text does not explain what happens if a seller fails to submit these required reports on time.
It is unclear how often delivery companies must check or verify the accuracy of these monthly reports from sellers.

Bill History

2026-03-03 House
House Committee on Judiciary Postpone Indefinitely
2026-01-14 House
Introduced In House - Assigned to Judiciary

Official Summary Text

In 2025, the general assembly enacted House Bill 25-1090, which requires clear and conspicuous disclosures regarding the maximum total price charged for goods, services, and property. The bill adds a requirement that a person selling goods for delivery must disclose, at the point of sale, a comparison of the total price for the delivered goods and the total price for the goods available for purchase on site at a store.
The bill also prohibits a person from charging unreasonably excessive prices to a captive consumer and defines "captive consumer" as a consumer who is at a location at which a seller of ancillary goods or services does not have competitors regarding the ancillary goods or services being sold. A person that charges unreasonably excessive prices to a captive consumer engages in an unfair or deceptive trade practice in violation of the "Colorado Consumer Protection Act".
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0295.02 Jennifer Berman x3286 HOUSE BILL 26-1012
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING CONSUMER PROTECTIONS TO PROMOTE FAIR MARKET101
PRICING PRACTICES IN THE STATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
In 2025, the general assembly enacted House Bill 25-1090, which
requires clear and conspicuous disclosures regarding the maximum total
price charged for goods, services, and property. The bill adds a
requirement that a person selling goods for delivery must disclose, at the
point of sale, a comparison of the total price for the delivered goods and
the total price for the goods available for purchase on site at a store.
HOUSE SPONSORSHIP
Zokaie and Brown,
SENATE SPONSORSHIP
Lindstedt and Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill also prohibits a person from charging unreasonably
excessive prices to a captive consumer and defines "captive consumer"
as a consumer who is at a location at which a seller of ancillary goods or
services does not have competitors regarding the ancillary goods or
services being sold. A person that charges unreasonably excessive prices
to a captive consumer engages in an unfair or deceptive trade practice in
violation of the "Colorado Consumer Protection Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) At certain locations in the state, such as airports, event venues,4
and hospitals, there is not a competitive market for ancillary goods and5
services sold at those locations, and consumers at those locations are6
captive to a seller's prices because the consumers' only choice is to pay7
the price for an anc illary good or service or not purchase the good or8
service;9
(b) These "captive consumers" lack the ability to shop around for10
a better price for a good or service; and11
(c) While the existing prohibitions against unfair or deceptive12
trade practices under the "Colorado Consumer Protection Act" apply to13
excessive prices charged to captive consumers, a specific provision14
making it an unfair or deceptive trade practice to charge captive15
consumers with excessive prices should be added in the act to clarify the16
existing law.17
SECTION 2. In Colorado Revised Statutes, 6-1-737, amend18
(2)(c)(I); and add (1)(c.5), (1)(f.3), (1)(f.5), (1)(h.5), and (2)(c.5) as19
follows:20
6-1-737. Requirement to disclose certain pricing information21
- delivery service platforms - landlords and tenants - remedies - rules22
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- definitions.1
(1) As used in this section, unless the context otherwise requires:2
(c.5) "D ELIVERY SERVICE PLATFORM " MEANS AN ONLINE3
APPLICATION, AN INTERNET SERVICE, OR OTHER ONLINE SYSTEM THAT A4
PERSON USES TO FACILITATE, MANAGE, OR FACILITATE AND MANAGE THE5
DELIVERY OF GOODS OR SERVICES.6
(f.3) "GROCERY STORE" HAS THE MEANING SET FORTH IN SECTION7
25-4-1602 (5.5).8
(f.5) "IN-STORE PRICE" MEANS THE TOTAL PRICE FOR A GOOD THAT9
A CONSUMER WOULD PAY ON SITE AT THE STORE FROM WHICH THE GOOD10
IS BEING DELIVERED.11
(h.5) "ON-APP PRICE" MEANS THE TOTAL PRICE FOR A GOOD THAT12
IS SELECTED FOR PURCHASE AND DELIVERY THROUGH A DELIVERY SERVICE13
PLATFORM.14
(2) (c) (I) Notwithstanding any provision of this section to the15
contrary, a delivery network company is compliant COMPLIES with16
subsections (2)(a) and (3)(b) of this section if the delivery network17
company does not use deceptive, unfair, and unconscionable acts or18
practices related to the pricing of goods, services, or property and:19
(A) Clearly and conspicuously discloses, at the point when a20
consumer views and selects a vendor or goods or services for purchase,21
that an additional flat fee, variable fee, or percentage fee is charged,22
including the amount of or, in the case of a variable fee that is dependent23
on consumer selections or distance and time, the factors determining the24
fee, any mandatory fees associated with the transaction, and that the total25
price of the services may vary;26
(B) Provides an accurate description of the recipients and27
HB26-1012-3-
purposes of the additional flat fee, variable fee, or percentage fee in1
concise language; and2
(C) W ITH RESPECT TO GOODS , CLEARLY AND CONSPICUOUSLY3
DISCLOSES, AT THE POINT WHEN THE CONSUMER VIEWS AND SELECTS A4
GOOD FOR PURCHASE, A COMPARISON OF THE ON-APP PRICE FOR THE GOOD5
AND THE IN-STORE PRICE FOR THE GOOD; AND6
(C) (D) Displays, after a consumer selects a vendor or goods or7
services for purchase but before completing the transaction, a subtotal8
page that itemizes the price of the goods or services for purchase; and the9
additional flat fee, variable fee, or percentage fee that is included in the10
total price; AND, FOR GOODS PURCHASED , A COMPARISON OF THE11
CUMULATIVE ON-APP PRICE FOR ALL GOODS SELECTED FOR PURCHASE AND12
THE CUMULATIVE IN -STORE PRICE FOR ALL GOODS SELECTED FOR13
PURCHASE.14
(c.5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE15
CONTRARY, A PERSON , INCLUDING A GROCERY STORE , COMPLIES WITH16
SUBSECTIONS (2)(a) AND (3)(b) OF THIS SECTION IF THE PERSON DOES NOT17
USE DECEPTIVE , UNFAIR , AND UNCONSCIONABLE ACTS OR PRACTICES18
RELATED TO THE PRICING OF GOODS AND COMPLIES WITH SUBSECTIONS19
(2)(c)(I)(C) AND (2)(c)(I)(D) OF THIS SECTION WITH RESPECT TO THE20
PERSON'S DELIVERY SERVICE PLATFORM.21
SECTION 3. In Colorado Revised Statutes, add 6-1-741 as22
follows:23
6-1-741. Price gouging captive consumers prohibited -24
definitions - rules.25
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
REQUIRES:27
HB26-1012-4-
(a) (I) "C APTIVE CONSUMER" MEANS A CONSUMER WHO IS AT A1
LOCATION IN THE STATE AT WHICH A SELLER OF ANCILLARY GOODS OR2
SERVICES DOES NOT HAVE COMPETITORS REGARDING THE ANCILLARY3
GOODS OR SERVICES BEING SOLD.4
(II) "CAPTIVE CONSUMER" INCLUDES A CONSUMER LOCATED:5
(A) AT AN AIRPORT;6
(B) IN A HOSPITAL OR AN EMERGENCY ROOM;7
(C) AT AN EVENT VENUE WITH A SEATING OR STANDING CAPACITY8
OF TWO THOUSAND OR MORE INDIVIDUALS;9
(D) A T AN ORGANIZED OUTDOOR EVENT , SUCH AS A FAIR OR10
FESTIVAL, FOR WHICH MORE THAN TWO THOUSAND ATTENDEES ARE11
EXPECTED; OR12
(E) IN A CORRECTIONAL FACILITY.13
(b) "C APTIVE CONSUMER LOCATION " MEANS A LOCATION AT14
WHICH CAPTIVE CONSUMERS ARE PRESENT.15
(c) "CORRECTIONAL FACILITY" HAS THE MEANING SET FORTH IN16
SECTION 24-4.1-302 (1.3).17
(2) (a) A PERSON IS PRESUMED TO BE ENGAGED IN AN UNFAIR OR18
DECEPTIVE TRADE PRACTICE IF THE PERSON CHARGES A CAPTIVE19
CONSUMER A PRICE FOR AN ANCILLARY GOOD OR SERVICE THAT IS MORE20
THAN THE AVERAGE PRICE OFFERED FOR A COMPARABLE GOOD OR SERVICE21
SOLD IN THE COUNTY IN WHICH THE CAPTIVE CONSUMER PURCHASES THE22
ANCILLARY GOOD OR SERVICE.23
(b) IF THE PRICE OF AN ANCILLARY GOOD OR SERVICE SOLD TO A24
CAPTIVE CONSUMER EXCEEDS THE AVERAGE PRICE FOR COMPARABLE25
GOODS OR SERVICES SOLD OR OFFERED FOR SALE IN THE SAME COUNTY ,26
THE SELLER OF THE ANCILLARY GOOD OR SERVICE MAY REBUT THE27
HB26-1012-5-
PRESUMPTION THAT THE SELLER ENGAGED IN AN UNFAIR OR DECEPTIVE1
TRADE PRACTICE BY DEMONSTRATING THAT THE PRICE OF THE ANCILLARY2
GOOD OR SERVICE WAS NOT UNREASONABLY EXCESSIVE.3
(3) A VIOLATION OF THIS SECTION IS AN UNFAIR OR DECEPTIVE4
TRADE PRACTICE PURSUANT TO SECTION 6-1-105 (1 )(qqqq) AND IS5
PRESUMED TO HAVE A SIGNIFICANT PUBLIC IMPACT.6
(4) THE ATTORNEY GENERAL MAY ADOPT RULES TO IMPLEMENT7
THIS SECTION , INCLUDING RULES TO ESTABLISH GUIDELINES FOR8
DETERMINING WHAT AMOUNTS TO AN UNREASONABLY EXCESSIVE PRICE9
IN CIRCUMSTANCES INVOLVING SALES TO CAPTIVE CONSUMERS.10
SECTION 4. In Colorado Revised Statutes, 6-1-105, add11
(1)(qqqq) as follows:12
6-1-105. Unfair or deceptive trade practices - definitions.13
(1) A person engages in a deceptive trade practice when, in the14
course of the person's business, vocation, or occupation, the person:15
(qqqq) VIOLATES SECTION 6-1-741.16
SECTION 5. Act subject to petition - effective date -17
applicability. (1) This act takes effect at 12:01 a.m. on the day following18
the expiration of the ninety-day period after final adjournment of the19
general assembly (August 12, 2026, if adjournment sine die is on May 13,20
2026); except that, if a referendum petition is filed pursuant to section 121
(3) of article V of the state constitution against this act or an item, section,22
or part of this act within such period, then the act, item, section, or part23
will not take effect unless approved by the people at the general election24
to be held in November 2026 and, in such case, will take effect on the25
date of the official declaration of the vote thereon by the governor. 26
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(2) This act applies to conduct occurring on or after the applicable1
effective date of this act.2
HB26-1012-7-