State ex. rel. John Suthers, Attorney General and Laura Udis, Administrator, Uniform Consumer Credit Code, v. Tulips Investments, LLC, d/b/a CashBanc, and David Blevins, 2012COA206 (November 21, 2012)

An elderly couple got a pay-day loan with an annual interest rate of 365%. Seriously. The Attorney General (AG) sought to investigate the loan under Colorado’s Uniform Consumer Credit Code and the Consumer Protection Act. After the lender Tulips, a Delaware company, ignored numerous orders to provide information, including an administrative investigative subpoena, the AG obtained a court order to compel compliance. Tulips challenged the jurisdiction of a Colorado court to enforce a subpoena served out-of-state on an out-of-state entity. The trial court concluded it lacked jurisdiction to enforce the subpoena. The court of appeals disagreed on two grounds: 1) the legislature authorized the AG to take reasonable actions to fulfill its statutory duties, and 2) an administrative subpoena is not limited like a judicial subpoena under CRCP 45. The subpoena was enforceable.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2367-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8756&courtid=1

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