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Consumer Reports comments on second round of Colorado Privacy Act regulations

Consumer Reports filed comments with the Colorado Department of Law on its revised draft regulations interpreting the Colorado Privacy Act. In 2021, Colorado enacted the law, making Colorado the third state in the country to adopt a comprehensive privacy statute; Consumer Reports had worked closely with Colorado lawmakers on the bill and supported its passage. The law charges the Department of Law with adopting regulations to provide more clarity to businesses and consumers. Consumer Reports had previously submitted comments upon the initial release of the draft rules in late 2022, as well as last summer when the Department of Law issued its pre-draft solicitation of feedback.

While Consumer Reports is supportive of some of the revised draft rules, we remain some concerned with some provisions that did not change in the revisions, particularly relating to universal opt out mechanisms and bona fide loyalty programs.

Consumer Reports also testified before the Department of Law for its pubic hearing, and will continue to weigh in as more revisions are made.