Title 40 Trade and Commerce

40-19-108. 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 of claims or defenses; (vi) Provision authorizing the merchant or a person acting on the merchant's behalf to enter upon the consumer's premises unlawfully or to commit any breach of the peace in the repossession of property; (vii) Provision requiring the consumer to purchase insurance or a liability damage waiver from the merchant for the property. The merchant may require the consumer to insure the property so as to satisfy any liability of the consumer to the merchant for loss or damage to the property; (viii) Provision that mere failure to return property constitutes probable cause for a criminal action; (ix) Provision requiring the consumer to make a final periodic payment in an amount greater than regular periodic payments in order to acquire ownership of the property or a provision requiring the consumer to make periodic payments totaling more than the dollar amount necessary to acquire ownership as disclosed pursuant to W.S. 40-19-107; (x) Provision requiring a reinstatement fee unless a periodic payment is late more than five (5) days on a monthly agreement or more than two (2) days on an agreement with periodic payments made more frequently than monthly; (xi) Provision for a reinstatement fee or pickup and redelivery fee in excess of the maximum amount set by rule of the commissioner for property subject to rental-purchase agreements; or (xii) Provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement other than a reinstatement fee. However, a merchant may use the term "late charge" or a similar term to refer to a reinstatement fee.