(1) the number of consumers directly affected by the challenged practice;
(2) the relative sophistication and bargaining power of the consumers affected by the challenged practice; and
(3) evidence that the challenged practice has previously impacted other consumers or has the significant potential to do so in the future.
6-1-113.5. Significant public impact. EVIDENCE THAT A PERSON ENGAGED IN A DECEPTIVE OR UNFAIR TRADE PRACTICE CONSTITUTES PRIMA FACIE EVIDENCE THAT THE PRACTICE SIGNIFICANTLY IMPACTED THE PUBLIC.The bill summary describes the purpose of the new provision as:
Although not required by statute, case law interpreting the act has resulted in a requirement that plaintiffs separately establish that a defendant's challenged practice caused a significant public impact. In order to eliminate this additional burden on consumers, section 2 creates a rebuttable presumption that a significant public impact has occurred when a plaintiff offers evidence that a defendant engaged in a deceptive trade practice.
The CCPA was enacted to regulate commercial activities and practices which, “because of their nature, may prove injurious, offensive, or dangerous to the public.” . . . The CCPA deters and punishes businesses which commit deceptive practices in their dealings with the public by providing prompt, economical, and readily available remedies against consumer fraud.