Colorado reaches settlement with rent payment processor over alleged unlawful card fees
On July 29, the Colorado attorney general (AG) announced that a rent payment processing company entered into a settlement resolving allegations that it violated the state’s surcharge and “junk fees” statutes by charging consumers an unlawful 3.25 percent “certified funds” fee on credit and debit card rent payments. According to the complaint, the state began investigating the company in October 2024 for alleged violations of the Uniform Consumer Credit Code and the Colorado Consumer Protection Act, and filed a complaint simultaneously with a final consent judgment resolving the matter in the Denver District Court. Under the terms of the consent judgment, the company denied liability but agreed to cap its certified funds fees at 2 percent of the total rent or related payment, comply with junk fee statutes, terminate all fee-sharing and revenue-sharing arrangements with Colorado properties related to the certified funds fees, and pay $100,000 to the state to reimburse investigative costs and, in lieu of penalties, disgorgement and restitution.
The consent judgment also permanently enjoins the company from further violations, requiring it to provide a payment option that is cost-free and “reasonably accessible” to consumers, make all required disclosures clearly and conspicuously, and maintain measures to encourage continued acceptance of paper checks by Colorado properties, including offering free check-scanning software and continuing to offer mobile check payment. The company must also submit annual written compliance reports to the state for two years, certified by a company officer, detailing the properties it serves, the payment methods it offers and the fees it collects, and must maintain records allowing the state to inspect its books to verify compliance during that period.