Title 40, Title 40 — Trade And Commerce

Short title. This act shall be known and may be cited as the "Wyoming Consumer Rental-Purchase Agreement Act."

Definitions. (a) As used in this act: (i) "Commissioner" means the state banking commissioner; (ii) "Advertisement" means a commercial message in any medium that solicits a consumer to enter a rental-purchase agreement; (iii) "Business day" means any day other than Sunday or a le…

Notices. Notices required by this act shall be given personally or sent by first class or registered mail to the known residential address of the consumer. Notice, if sent by mail, is given when deposited in a mailbox properly addressed and postage prepaid. Notice may also be giv…

Application. (a) This act applies to rental-purchase agreements and acts, practices or conduct related to a rental-purchase agreement entered into in this state. (b) For the purposes of this act, the residence of the consumer is the address given by the consumer as the consumer's…

Inapplicability of other laws; exempt transactions. (a) Rental-purchase agreements as defined in this act are not governed by laws relating to: (i) Transactions governed under the Wyoming Uniform Consumer Credit Code; or (ii) "Security interests" as defined by W.S. 34.1-1-201(a)(…

General requirements of rental-purchase agreements. (a) Each rental-purchase agreement shall be in writing, dated, signed by the consumer and merchant and completed as to all essential provisions as required by this act. (b) The agreement shall be made clearly and conspicuously w…

Disclosures. (a) For each rental-purchase agreement, the merchant shall disclose in the agreement the following items as applicable: (i) Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment and the total number and total dollar amount of…

Prohibited provisions. (a) A rental-purchase agreement shall not contain a: (i) Confession of judgment; (ii) Negotiable instrument; (iii) Security interest or any other claim of a property interest in any property of the consumer; (iv) Wage assignment; (v) Waiver by the consumer …

Default; notice of default and right to cure. (a) In any rental-purchase agreement, after a consumer is in default for three (3) business days or more and does not voluntarily surrender possession of the rented property, a merchant may give the consumer the notice provided in thi…

Reinstatement. (a) Any consumer whose default consists solely of a failure to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by paying the following charges within seven (7) days of the renewal date …

Liability damage waivers; fees. (a) A consumer and merchant may contract for a liability damage waiver in physical or digital format. The selling or offering for sale of a liability damage waiver pursuant to this act shall be subject to the following prohibitions and requirements…

Renegotiations and extensions. (a) A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by W.S. 40-19-107 is changed by agreement between the merchant and consumer. A renegotiation is considered to be a new rental-purchase agreement…

Advertising. (a) An advertisement for a rental-purchase agreement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state the following: (i) The transaction advertised is a r…

License required; application for license; fee; qualifications. (a) Any person acting as a merchant, as defined by W.S. 40-19-102(a)(viii), in this state shall be licensed with a single statewide license to conduct such business under this section. (b) The commissioner shall rece…

Revocation or suspension of license. (a) The commissioner may issue to a person licensed under this act an order to show cause why his license should not be revoked or suspended for a period not in excess of six (6) months. The order shall state the place for a hearing and set a …

Record retention. Every licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner which will enable the commissioner to determine whether the licensee is complying with the provisions of this act. The record keeping syst…

Examination and investigation. (a) Upon complaint the commissioner may examine and copy the records of a licensee. The investigation may be made for the purposes of discovering violations of this act or securing information lawfully required. For these purposes he shall have free…

Powers and functions of the commissioner; enforcement; penalties. (a) Except as otherwise provided, the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, shall apply to and govern all administrative actions taken by the commissioner pursuant to this act. (b) T…

Consumer civil actions. (a) A merchant who fails to comply with a requirement imposed in W.S. 40-19-106 through 40-19-112 or 40-12-104 shall be liable to the consumer damaged thereby in an amount equal to the greater of: (i) The actual damages sustained by the consumer as a resul…

Merchant's defense. (a) If a merchant establishes by a preponderance of the evidence that a violation of this act was unintentional, no penalty as specified in W.S. 40-19-118 shall be imposed and validity of the transaction shall not be affected. (b) A merchant shall not be liabl…

Short title. This chapter shall be known and may be cited as the "Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act".

Surplus parts inventory; credits. (a) Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, but no less than once every twelve (12) months, return a portion of the dealer's surplus parts inventory for credit. (b) The…

Current agreements; effect of law; void provisions. (a) Effective July 1, 2006, this chapter shall apply to all dealer agreements now in effect which have no expiration date and are a continuing contract and all other dealer agreements entered into, renewed, extended, revised, mo…

Definitions. (a) As used in this chapter: (i) "Current net parts price" means: (A) For current parts, the price for repair parts listed in the supplier's price list or catalogue in effect at the time the dealer agreement is cancelled or discontinued, or for purposes of W.S. 40-20…

Violations of chapter. (a) It shall be a violation of this chapter for a supplier to take any one (1) or more of the following actions: (i) To coerce, compel or require any dealer to accept delivery of any equipment or repair parts which the dealer has not voluntarily ordered, ex…

Termination of dealer agreements. (a) A dealer may terminate a dealer agreement without cause. The dealer shall give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Notice from the suppli…

Termination of dealer agreements; single line dealers. (a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier. (b) No supplier may terminate a dealer agreement without good cause. For purposes of this section and W.S. 40…

Notice of termination of dealer agreement; cure of deficiency; approval of dealer ownership transfer; death of dealer. (a) Except as otherwise provided in this section, a supplier shall provide a dealer at least one hundred eighty (180) days prior written notice of termination of…

Death of single line dealer. (a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier. (b) If a dealer dies, a supplier shall have ninety (90) days in which to consider and make a determination on a request by a family mem…

Reimbursement for warranty work. (a) If a dealer submits a warranty claim to a supplier while the dealer agreement is in effect or within sixty (60) days after the termination of the dealer agreement and if the claim is for work performed before the termination or expiration of t…

Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement. (a) Whenever any dealer enters into a dealer agreement with a supplier and either the supplier or the dealer desires to cancel, not renew or otherwise discontinue the dealer agreement, the s…

Repurchase not required. (a) The provisions of this chapter shall not require the repurchase from a dealer of: (i) Any repair part in a broken or damaged package. The supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price tha…

Remedies and enforcement. If the supplier violates any provision of this chapter, the dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, including, but not limited …

Choice of remedies; exemption from tax. (a) The provisions of this chapter shall be supplemental to any dealer agreement between the dealer and the supplier which provides the dealer with greater protection. The dealer can elect to pursue its contract remedy or the remedy provide…

Short title. This act may be cited as the "Uniform Electronic Transactions Act."

Definitions. (a) In this article unless the context otherwise requires: (i) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws o…

Scope. (a) Except as otherwise provided in subsection (b) of this section, this act applies to electronic records and electronic signatures relating to a transaction. (b) This act does not apply to a transaction to the extent it is governed by: (i) A law governing the creation an…

Applicability. (a) This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after July 1, 2001. (b) The Financial Technology Sandbox Act shall apply to this act.

Use of electronic records and electronic signatures, variation by agreement. (a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form. (b) This act a…

Construction and application. (a) This act must be construed and applied: (i) To facilitate electronic transactions consistent with other applicable law; (ii) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those p…

Legal recognition of electronic records, electronic signatures and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely beca…

Provisions of information in writing; presentation of records. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the informatio…

Attribution and effect of electronic record and electronic signature. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any securit…

Effect of change or error. (a) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (i) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed…

Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information requir…

Retention to electronic records, originals. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (i) Accurately reflects the information set forth in the record after it was first g…