On June 5, the Colorado governor signed
SB 23-248 (the “Act”), which addresses consumer protection in certain credit transactions. Among other things, the bill amends, repeals, and adds sections around lender nomenclature in the Colorado Student Loan Equity Act. The Act defines the terms “private education creditor” and “creditor” as (i) “any person engaged in the business of making or extending private education credit obligation”; (ii) “a holder of a private education credit obligation”; or (iii) “a seller, lessor, lender, or person that makes or arranges a private education credit obligation and to whom the private education credit obligation is initially payable or the assignee of a creditor’s right to payment.” Several exemptions are outlined. The Act also establishes the term “refinanced” to mean when “an existing private education credit obligation is satisfied and replaced by a new private education credit obligation undertaken by the same consumer.” In subsequent sections, words like “lender” and “loan,” amongst other things, are replaced with the newly defined terms. Additionally, the Act amends certain provisions relating to licensing renewal and fee due dates.
The Act takes effect the day after the expiration of the 90-day period following adjournment of the general assembly.