Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-14-328 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 61, § 2.
W.S. § 40-14-329 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 61, § 2.
W.S. § 40-14-330 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 61, § 2.
W.S. § 40-14-331 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 61, § 2. Part 4. Limitations on Agreements and Practices
W.S. § 40-14-332 Scope
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Scope. This part applies to consumer loans.
W.S. § 40-14-333 Balloon payments
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Balloon payments. With respect to a consumer loan, other than one pursuant to a revolving loan account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the debtor has the right to refinance the amount of that payment at the time …
W.S. § 40-14-334 No assignment of earnings
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No assignment of earnings. (a) A lender may not take an assignment of earnings of the debtor for payment or as security for payment of a debt arising out of a consumer loan. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings an…
W.S. § 40-14-335 Attorney's fees
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Attorney's fees. A consumer loan agreement may provide for the payment by the debtor of reasonable attorney's fees after default and referral to an attorney not a salaried employee of the lender. A provision in violation of this section is unenforceable.
W.S. § 40-14-336 Limitation on default charges
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Limitation on default charges. Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer loan may not provide for charges as a result of default by the debtor other than those authorized by this act. A provision in viola…
W.S. § 40-14-337 Notice of assignment
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Notice of assignment. The debtor is authorized to pay the original lender until he receives notification of assignment of rights to payment pursuant to a consumer loan and that payment is to be made to the assignee. A notification which does not reasonably identify the rights ass…
W.S. § 40-14-338 Authorization to confess judgment prohibited
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Authorization to confess judgment prohibited. A debtor may not authorize any person to confess judgment on a claim arising out of a consumer loan. An authorization in violation of this section is void.
W.S. § 40-14-339 Change in terms of revolving loan accounts
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Change in terms of revolving loan accounts. (a) If a lender makes a change in the terms of a revolving loan account without complying with this section any additional cost or charge to the debtor resulting from the change is an excess charge and subject to the remedies available …
W.S. § 40-14-340 Use of multiple agreements
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Use of multiple agreements. No lender shall permit any person or two (2) married persons to become obligated in any way under more than one (1) loan agreement with the lender or with a person related to the lender with intent to obtain a higher rate of loan finance charge than wo…
W.S. § 40-14-341 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-342 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-343 Repealed By Laws 1996, ch
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Repealed By Laws 1996, ch. 86, § 3.
W.S. § 40-14-344 Repealed By Laws 1996, ch
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Repealed By Laws 1996, ch. 86, § 3.
W.S. § 40-14-345 Repealed By Laws 1996, ch
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Repealed By Laws 1996, ch. 86, § 3.
W.S. § 40-14-346 Repealed By Laws 1996, ch
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Repealed By Laws 1996, ch. 86, § 3.
W.S. § 40-14-347 Repealed By Laws 1996 , ch
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Repealed By Laws 1996 , ch. 86, § 3.
W.S. § 40-14-348 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-349 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-350 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-351 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-352 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-353 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3. Part 6. Loans Other Than Consumer Loans
W.S. § 40-14-354 parties
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parties. Loans subject to provisions by agreement of The parties to a loan other than a consumer loan may agree in a writing signed by the parties that the loan is subject to the provisions of this act applying to consumer loans. If the parties so agree, the loan is a consumer lo…
W.S. § 40-14-355 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-356 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-357 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3.
W.S. § 40-14-358 Repealed by Laws 2021, ch
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Repealed by Laws 2021, ch. 14, § 3. Part 7. Pawnshop Operations
W.S. § 40-14-359 (a) Definitions; application
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(a) Definitions; application. As used in W.S. 40-14-359 through 40-14-361: (i) "Pawnbroker" means a person licensed pursuant to W.S. 40-14-634 to engage in the business of making pawn transactions; (ii) "Pawn finance charge" means the sum of all charges, payable directly or indir…
W.S. § 40-14-360 Pawn finance charge; limits on amount financed and terms; minimum pawn finance charge
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Pawn finance charge; limits on amount financed and terms; minimum pawn finance charge. (a) No pawnbroker may contract for, charge or receive any amount as a charge in connection with a pawn transaction other than a pawn finance charge. No pawn finance charge shall exceed twenty p…
W.S. § 40-14-361 Limitation on agreement and practices
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Limitation on agreement and practices. (a) No pawnbroker shall make an agreement requiring the personal liability of a customer in connection with a pawn transaction. No customer may be required to redeem pledged goods or make any payment on a pawn transaction. The sole remedy of…
W.S. § 40-14-362 (a) Definitions
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(a) Definitions. As used in W.S. 40-14-362 through 40-14-367: (i) "Post-dated check or similar arrangement" means the act of lending money in which a check or draft is dated on a date subsequent to the date it was written or dated on the date written but held for any period of da…
W.S. § 40-14-363 License required; post-dated check finance charge; limits on amount financed and terms; minimum finance charge
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License required; post-dated check finance charge; limits on amount financed and terms; minimum finance charge. (a) No person shall engage in business as a post-dated check casher in this state unless licensed in accordance with W.S. 40-14-634. No post-dated check casher may cont…
W.S. § 40-14-364 Limitation on multiple agreements
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Limitation on multiple agreements. No post-dated check or similar arrangement shall be repaid, refinanced or otherwise consolidated by proceeds of another post-dated check or similar arrangement accepted by the same post-dated check casher.
W.S. § 40-14-365 Right to rescind
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Right to rescind. (a) A post-dated check or similar arrangement with a postdated check casher may be rescinded by the consumer on or before 5:00 p.m. Mountain Time of the following business day, provided that the consumer returns to the post-dated check casher in cash or certifie…
W.S. § 40-14-366 Extended payment plan; terms and conditions
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Extended payment plan; terms and conditions. (a) Subject to the terms and conditions of this section, a consumer who is unable to repay a post-dated check or similar arrangement when due may elect once every twelve (12) months to repay the post-dated check or similar arrangement …
W.S. § 40-14-367 Notification
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Notification. (a) A post-dated check casher shall provide the following written notice with each post-dated check or similar arrangement and obtain the signature of the consumer at least annually indicating receipt of the notice: NOTICE 1. STATE LAW PROHIBITS A POST-DATED CHECK O…
W.S. § 40-14-368 Violations
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Violations. The administrator is authorized to enforce an appropriate remedy, penalty, action or license revocation or suspension, as provided in articles 5 and 6 of this chapter, against a person licensed under the act for a violation of 10 U.S.C. § 987, or any regulation promul…
W.S. § 40-14-401 Short title
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Short title. This article shall be known and may be cited as "Uniform Consumer Credit Code-Insurance."
W.S. § 40-14-402 Scope
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Scope. (a) Except as provided in subsections (b) and (d) of this section, this article applies to insurance provided or to be provided in relation to a consumer credit sale (W.S. 40-14-204), a consumer lease (W.S. 40-14-206) or a consumer loan (W.S. 4014-304). (b) The provision o…
W.S. § 40-14-403 (a) Definitions
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(a) Definitions. In this act: (i) "Consumer credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include: (A) Insurance provided in relation to a credit transaction in which …
W.S. § 40-14-404 Creditor's provision of and charge for insurance; excess amount of charge
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Creditor's provision of and charge for insurance; excess amount of charge. (a) Except as otherwise provided in this article and subject to the provisions on additional charges (W.S. 40-14-213 and 40-14-311) and maximum charges (part 2 of article 2 and article 3), a creditor may a…
W.S. § 40-14-405 by creditor
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by creditor. Conditions applying to insurance to be provided (a) If a creditor agrees with a debtor to provide insurance: (i) The insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to him at his address as stated by h…
W.S. § 40-14-406 Unconscionability
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Unconscionability. (a) In applying the provisions of this act on unconscionability (W.S. 40-14-508 and 40-14-611) to a separate charge for insurance, consideration shall be given, among other factors, to: (i) Potential benefits to the debtor including the satisfaction of his obli…
W.S. § 40-14-407 Maximum charge by creditor for insurance
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Maximum charge by creditor for insurance. (a) Except as provided in subsection (b) of this section, if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor for the insurance may not exceed the premium to be charged by the insurer,…
W.S. § 40-14-408 Refund or credit required; amount
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Refund or credit required; amount. (a) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment…
W.S. § 40-14-409 Existing insurance; choice of insurer
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Existing insurance; choice of insurer. If a creditor requires insurance, upon notice to the creditor the debtor shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained …