Supreme Court of Colorado

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

January 13, 200362 P.3d 142

Summary

The court held that the evidence did not establish an actionable private claim under the Colorado Consumer Protection Act because Snyder failed to prove both a qualifying deceptive trade practice and a significant public impact. Rhino's promise of territorial exclusivity and its later shipment of products into the territory established, at most, a breach of contract, not a deceptive trade practice absent proof that Rhino lacked intent to honor the promise when made. The court reversed the CCPA damages, costs, and fees, vacated the lower court's franchise conclusion, and remanded for further proceedings. No separate opinions were filed.