Title 40 — Title 40 — Trade And Commerce

Short title. This act may be cited as the "Wyoming Consumer Protection Act."

(a) Definitions. As used in this act: (i) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity; (ii) "Consumer transactions" means the advertising, offering for sale, sale or distribution of any mer…

Unsolicited merchandise. Unless otherwise agreed, when unsolicited merchandise is delivered to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unsolicited merchandise is deemed an unconditional gift to the re…

Home solicitation sales. (a) For purposes of this section, "home solicitation sale" means the sale or lease of merchandise, other than farm equipment, for cash when the cash sales price, whether under a single sale or multiple sales, exceeds twenty-five dollars ($25.00) and in wh…

Unlawful practices. (a) A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly: (i) Represents that merchandise has a source, origin, sponsorship, approval, accessories…

(b) For purposes of this section, the court issuing an injunction shall retain jurisdiction, and the cause shall be continued. (c) Except as provided in W.S. 40-12-111, any person or agent or employee of the person, who willfully uses, or has willfully used, a method or act, in v…

Assurances of voluntary compliance. The enforcing authority may accept written assurance of voluntary compliance with respect to any practice believed to be violative of W.S. 40-12-105 from any person who is engaged or is about to engage in such practice. Such assurance is not co…

Private remedies. (a) A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice. (b) Any person who is entitled to bring an act…

Limitation of actions. No action may be brought under this act, except under W.S. 4012-106, unless the consumer bringing the action gives within the following time limits notice in writing to the alleged violator of the act, (a) within one (1) year after the initial discovery of …

(a) Exemptions. Nothing in this act shall apply to: (i) Acts or practices required or permitted by state or federal law, rule or regulation or judicial or administrative decision; (ii) Acts or practices by the publisher, owner, agent or employee of a newspaper, periodical, radio …

Violations involving older persons or persons with disabilities; civil penalty. (a) As used in this section: (i) "Person with disabilities" means any person who has a mental or educational impairment which substantially limits one (1) or more major life activities; (ii) "Major li…

Investigative powers of enforcing authority. (a) If, by inquiry by the enforcing authority or as a result of complaints, the enforcing authority has probable cause to believe that a person has engaged in, or is engaging in, an act or practice that violates this act, investigators…

Civil penalties. (a) The enforcing authority, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars ($5,000.00) from any person who violates the terms of a permanent injunction issued under W.S.

Effect on other remedies. This act shall not prohibit actions under other statutory or common-law provisions against conduct or practices similar to those declared to be unlawful by W.S. 40-12-105. However, the remedies provided in this act are the exclusive remedies for actions …

Definitions. (a) As used in this article: (i) "Prize" means a gift, award or other item or service of value; (ii) "Prize notice" means a notice given to an individual in this state that satisfies all of the following: (A) Is or contains a representation that the individual has be…

Written prize notice required. If a solicitor represents to an individual that the individual has been selected or may be eligible to receive a prize, the solicitor shall not request, and the solicitor or sponsor shall not accept, a payment from the individual in any form before …

Delivery and contents of written prize notices. (a) A written prize notice shall contain all of the following information presented in the manner required under subsections (b) through (f) of this section: (i) The name and address of the solicitor and sponsor; (ii) The verifiable…

Sales presentations. (a) If a prize notice requires or invites an individual to view, hear or attend a sales presentation in order to claim a prize, the sales presentation shall not begin until the solicitor does all of the following: (i) Informs the individual of the prize, if a…

available. Prize award required; options if prize not (a) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available,…

Penalties. (a) Except as provided by subsection (b) of this section, any individual who violates this article is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both, for each v…

Enforcement. (a) The attorney general shall investigate violations of this article. (b) The attorney general or any district attorney may on behalf of the state: (i) Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for a…

Private action. (a) In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this article may bring an action in any court of competent jurisdiction and shall recover all of the following: (i) The greater of five hundred dol…

Costs and reasonable attorney fees. Exemptions. The provisions of this article shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, video cassettes, periodicals and similar goods throu…

(a) Definitions. As used in this article: (i) "Caller identification service" means a type of telephone service or system which allows telephone subscribers to see the telephone numbers from which incoming telephone calls are dialed; (ii) "Consumer" means an actual or prospective…

Telephone solicitations. (a) Any telephone solicitor or merchant who makes an unsolicited telephonic sales call to a residential or mobile telephone number shall disclose at the outset of the conversation and in a clear and conspicuous manner to the person receiving the call, the…

Automated sales calls. (a) No telephone solicitor or merchant shall make or knowingly allow a telephonic sales call to be made if the call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is comp…

Investigation of complaints; enforcement; attorney's fees. (a) The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a willful violation of …

process. Notice of activity and consent to service of Each telephone solicitor or merchant making unsolicited telephonic sales calls and doing business in this state shall file with the attorney general of this state a statement giving notice of this fact and designating the secr…

(a) Definitions. As used in this article: (i) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate or transmit a commercial electronic mail message when the…

Sending unpermitted or misleading electronic mail prohibited. (a) No person may initiate the transmission, conspire with another to initiate the transmission or assist the transmission of a commercial electronic mail message from a computer located in Wyoming or to an electronic …

Investigation of complaints; enforcement; attorney's fees. (a) The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a violation of this art…

Immunity from liability for blocking of commercial electronic mail by interactive computer service. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believe…

(a) Definitions. As used in this act: (i) "Breach of the security of the data system" means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal identifying information maintained by a person or business …

persons. Computer security breach; notice to affected (a) An individual or commercial entity that conducts business in Wyoming and that owns or licenses computerized data that includes personal identifying information about a resident of Wyoming shall, when it becomes aware of a …

Security freeze. (a) Except as provided in W.S. 40-12-505, a consumer may place a security freeze on the consumer's credit report by: (i) Making a request to a consumer reporting agency in writing by certified mail; and (ii) Providing proper identification. (b) If a security free…

Permanent removal or temporary lift of security freeze; requirements and timing. (a) A consumer reporting agency may remove a security freeze from a consumer's credit report only if: (i) The consumer makes a material misrepresentation of fact in connection with the placement of t…

Exceptions. (a) Notwithstanding W.S. 40-12-503, a consumer reporting agency may furnish a consumer's credit report to a third party if: (i) The purpose of the credit report is to: (A) Use the credit report for purposes permitted under 15 U.S.C. § 1681b(c); (B) Review the consumer…

Fees for security freeze. (a) Except as provided in subsection (b) of this section, a consumer reporting agency may charge a reasonable fee not to exceed ten dollars ($10.00) to a consumer for each placing, temporary lifting or removing of a security freeze. (b) A consumer report…

Changes to information in a credit report subject to a security freeze. (a) If a credit report is subject to a security freeze, a consumer reporting agency shall notify the consumer who is the subject of the credit report within thirty (30) days if the consumer reporting agency c…

Violations; penalties. (a) If a consumer reporting agency intentionally or negligently violates a valid security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to: (i) Notification within five (5) business da…

theft. Factual declaration of innocence after identity (a) A person who reasonably believes that he or she is the victim of identity theft as defined by W.S. 6-3-901 may petition a court, or the court, on its own motion or upon application of the prosecuting attorney, may move fo…

"This act" means W.S. 40-12-501 through (b) "Personal identifying information" as defined in paragraph (a)(vii) of this section does not include information, regardless of its source, contained in any federal, state or local government records or in widely distributed media that …

penalty. Unauthorized use of arrest photographs; (a) A person who operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies as part of routinely documenting an arrest and who charges individuals to remove their photographs …

(a) Definitions. As used in this article: (i) "Consumer" means an individual who enters into a transaction primarily for personal, family or household purposes; (ii) "Contractor" means a person or entity in the business of contracting or offering to contract with an owner or poss…

Requirements for exterior storm damage repair solicitations and advertisements. (a) An individual or other entity contacting a consumer for the purposes of soliciting exterior storm damage repair services, including general advertisements for these services, shall disclose the fo…

Disclosure requirements for exterior storm damage repair proposals. (a) An individual or other entity who prepares a repair proposal for exterior storm damage repair services in anticipation of entering into an exterior storm damage repair contract shall disclose the following in…

Disclosure requirements for exterior storm damage repair contracts. Any contract for exterior storm damage repairs shall include a copy of a repair proposal that contains the disclosures required under W.S. 40-12-703(a).

Exterior storm damage repair contracts; right to cancel; waiver. (a) A consumer who has entered into a written contract with a contractor to provide exterior storm damage repair goods and services has the right to cancel the contract within three (3) business days of the date on …

Private remedies. Any person who violates this article shall be subject to the remedy provisions relating to unlawful trade practices provided in W.S. 40-12-108 and 40-12-109.