# C.R.S. § 5-20-109: 5-20-109. Prohibited acts of student loan servicers

> Colorado · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-109

## Section

- **Citation:** C.R.S. § 5-20-109
- **Heading:** 5-20-109. Prohibited acts of student loan servicers
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 5 / Article 20 / Part 1 / Section 5-20-109

## Text

5-20-109. Prohibited acts of student loan servicers. (1) A student loan servicer shall not:

(a) Directly or indirectly employ a scheme, a device, or artifice to defraud or mislead student loan borrowers;

(b) Engage in an unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of a student education loan, including misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a student education loan, the terms and conditions of the loan agreement, or the student loan borrower's obligations under the loan;

(c) Obtain property by fraud or misrepresentation;

(d) Misapply student education loan payments to the outstanding balance of a student education loan;

(e) Provide inaccurate information to a consumer reporting agency;

(f) Fail to report both the favorable and unfavorable payment history of a student loan borrower to a consumer reporting agency at least annually if the student loan servicer regularly reports information to a consumer reporting agency;

(g) Refuse to communicate with an authorized representative of a student loan borrower who provides a written authorization signed by the student loan borrower; except that the student loan servicer may adopt procedures reasonably related to verifying that the representative is in fact authorized to act on behalf of the student loan borrower;

(h) Make any false statement or omit any material fact in connection with information or reports filed with a governmental agency or in connection with an investigation conducted by the administrator or another governmental agency; or

(i) Except as otherwise provided in federal law, federal student loan agreements, or a contract between the federal government and a student loan servicer, fail to properly evaluate a student loan borrower for an income-based or other student loan repayment program or for eligibility for a public service loan forgiveness program before placing the student loan borrower in forbearance or default, if an income-based repayment or other program is available to the student loan borrower.

## Nearby sections

- [C.R.S. § 5-20-101 5-20-101. Short title](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-101.md)
- [C.R.S. § 5-20-102 5-20-102. Scope of article - residence of debtor](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-102.md)
- [C.R.S. § 5-20-103 5-20-103. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-103.md)
- [C.R.S. § 5-20-104 5-20-104. Student loan ombudsperson - report - fund - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-104.md)
- [C.R.S. § 5-20-105 5-20-105. License required](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-105.md)
- [C.R.S. § 5-20-106 5-20-106. Licensure of student loan servicers - definition](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-106.md)
- [C.R.S. § 5-20-107 5-20-107. License and investigation fees](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-107.md)
- [C.R.S. § 5-20-108 5-20-108. Affirmative acts required of student loan servicers - definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-108.md)
- [C.R.S. § 5-20-109 5-20-109. Prohibited acts of student loan servicers](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-109.md)
- [C.R.S. § 5-20-110 5-20-110. Powers and duties of the administrator - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-110.md)
- [C.R.S. § 5-20-111 5-20-111. Compliance with federal law](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-111.md)
- [C.R.S. § 5-20-112 5-20-112. Civil action](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-112.md)
- [C.R.S. § 5-20-113 5-20-113. Application of administrative procedures - provisions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-113.md)
- [C.R.S. § 5-20-114 5-20-114. Administrative enforcement orders](https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T5_A20_P1_S5-20-109. Check the current official text before relying on it. Not legal advice.