STATE v. CTR. FOR EXCEL. IN HIGHER EDUC.

Court of Appeals No. 20CA1692.

499 P.3d 1081 (2021)

2021 COA 117

STATE of Colorado, EX REL.; Philip J. WEISER, as Attorney General of the State of Colorado; and Martha Fulford, as Administrator of the Uniform Consumer Credit Code, Plaintiffs-Appellees and Cross-Appellants, v. CENTER FOR EXCELLENCE IN HIGHER EDUCATION, INC., a not-for-profit company; CollegeAmerica Denver, Inc.; CollegeAmerica Arizona, Inc., divisions thereof d/b/a College America; Stevens-Henager College, Inc., a division thereof d/b/a Stevens-Henagar College; CollegeAmerica Services, Inc., a division thereof; Carl Barney, Chairman of Center for Excellence in Higher Education, Inc., and Trustee of the Carl Barney Living Trust; The Carl Barney Living Trust; and Eric Juhlin, Chief Executive Officer of Center for Excellence in Higher Education, Inc., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. A.

Rehearing Denied September 30, 2021.


Attorney(s) appearing for the Case

Philip J. Weiser , Attorney General, Eric R. Olson , Solicitor General, Abigail M. Hinchcliff , First Assistant Attorney General, Olivia D. Webster , Senior Assistant Attorney General II, Mark T. Bailey , Senior Assistant Attorney General II, Hanah M. Harris , Assistant Attorney General, Denver, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

Connelly Law LLC, Sean Connelly , Denver, Colorado, for Defendants-Appellants and Cross-Appellees Center for Excellence in Higher Education, Inc., CollegeAmerica Denver, Inc., CollegeAmerica Arizona, Inc., Stevens-Henager College, Inc., and CollegeAmerica Services, Inc.

L S Pozner, PLLC, Larry S. Pozner , Denver, Colorado; Gombos Leyton PC, Steven M. Gombos , Jacob C. Shorter , Fairfax, Virginia, for Defendants-Appellants and Cross-Appellees Carl Barney, The Carl Barney Living Trust, and Eric Juhlin.


¶ 1 Certain advertisements are seemingly ubiquitous, appearing on the television, on the radio, and in print. As is pertinent to this case, one frequently aired television advertisement began, "You've been lied to. The truth is, the right college degree can lead to a higher paying job. And with the right degree...

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