Transportation Network Company Consumer Protection

Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC procure a privately administered criminal history record check for the individual before the individual is permitted to act as a driver , at least once every 6 months after the initial criminal history record check, and if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the criminal history record checks. A TNC shall initiate a review of a driver for deactivation if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the commission, the office of the attorney general, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. If the TNC determines that the allegation is more than likely to have occurred through a review of the available evidence, the TNC shall deactivate the driver from the TNC's digital platform in accordance with the TNC's deactivation and suspension policy. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. A TNC's resolution of a driver's challenge to a deactivation must include a written statement that the TNC sends to the driver and the party that filed a complaint. The act requires the commission to create a process by rule for sharing information between TNCs regarding deactivation of riders and drivers. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the office of the attorney general, a district attorney's office, the commission, or a law enforcement agency no later than 2 business days after the request is made. In addition to enforcement by the commission, the act authorizes the attorney general or a person injured or harmed by an alleged violation of the act that results in injury or harm to a minor to initiate a civil proceeding in a district court against a TNC, a driver, or a rider that violates the act. A person injured or harmed by an alleged violation of the act committed by a TNC, a driver, or a rider that results in death, sexual assault, kidnapping, or personal injury to an individual who is not a minor may initiate a civil proceeding in a district court against the TNC, the driver, or the rider. A TNC shall ensure that a driver or rider may opt in to audio and video recording of each prearranged ride in accordance with rules adopted by the commission. On or before November 1, 2025, the commission shall also adopt rules regarding: The requirements, procedures, and the deadline for implementation of audio and video recording policies; Access to, storage of, and encryption of audio and video recording, including measures to promote victim-survivor privacy and choice; Transferring audio and video recording and related data between a TNC and the driver or rider; Notification by a TNC company to a driver and rider that a prearranged ride is continuously audio and video recorded; Education provided by a TNC to a driver and rider regarding the safety benefits of audio and video recording of a prearranged ride; Technology failures related to audio and video recording, including rules that hold harmless a TNC for a technological failure outside of the control of the TNC if the TNC is otherwise acting in good faith to conduct audio and video recording of a prearranged ride; and Ensuring that a driver does not suffer an undue burden from purchasing technology to enable audio and video recording. The act requires a TNC to maintain clear policies prohibiting drivers or riders from offering, selling, or providing food or beverage to another driver or rider. A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires a TNC to develop policies to: Prevent imposter accounts, account sharing, and account renting; Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers; Prohibit the transportation of an unaccompanied youth unless the youth is part of a duly authorized family account; Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride; Establish procedures for deactivation of a driver if the TNC is notified of a specified allegation against a driver; Notify and train drivers and riders of any updates to TNC safety policies; Prohibit drivers from offering or selling food or beverage to riders; Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; and Prevent crimes committed against drivers by riders. A TNC is prohibited from: Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform; Assigning an automatic or default driver rating that the rider did not assign; or Assigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are motivated by bias or fraud. A TNC shall not consider negative ratings or reviews that are motivated by bias or fraud in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the "Colorado Privacy Act" regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty as determined by the commission by rule. The act requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit to the commission, the attorney general, and each member of the general assembly, specified data related to incidents involving safety and discrimination. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)