Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this case, we review Rocky Mountain Rhino Lining, Inc. v. Rhino Linings USA, Inc., 37 P.3d 468 (Colo.App.2002), in which the court of appeals affirmed the trial court’s treble damage award to Rocky Mountain Rhino Lining, the plaintiff, pursuant to the Colorado Consumer Protection Act (CCPA).

In our view, the evidence does not support an actionable CCPA claim. Hence, we hold that the claim presented in this case fails to establish two necessary elements for a private cause of action under the CCPA. First, the plaintiff failed…