Law

Title 40 Trade and Commerce

Wyoming · 40 · statute

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Contents: 686 provisions
  1. 40-1-101. Definitions.
  2. 40-1-102. Marks which cannot be registered.
  3. 40-1-103. Application for registration; filing fee.
  4. 40-1-104. Examination of application; amendment of application.
  5. 40-1-105. Term of registration; renewals.
  6. 40-1-106. Assignment of marks and registration; change of name.
  7. 40-1-107. Public record of marks.
  8. 40-1-108. Cancellation of registration.
  9. 40-1-109. Classification of marks.
  10. 40-1-110. False or fraudulent representations or declarations; liability for damages sustained.
  11. 40-1-111. Civil liability.
  12. 40-1-112. Remedies.
  13. 40-1-113. Marks acquired at common law.
  14. 40-1-114. Inapplicable to livestock brands, marks or tags.
  15. 40-1-115. Injury to business reputation; dilution.
  16. 40-1-116. Powers of secretary of state; filing and other fees.
  17. 40-1-201. Definitions.
  18. 40-1-202. Bad faith assertion of patent infringement; prohibited; factors to determine bad faith.
  19. 40-1-203. Private right of action.
  20. 40-1-204. Enforcement.
  21. 40-1-205. Exceptions.
  22. 40-2-101. Definitions.
  23. 40-2-102. Registrability.
  24. 40-2-103. Reservation.
  25. 40-2-104. Application for registration.
  26. 40-2-105. Duration and renewal.
  27. 40-2-106. Assignment.
  28. 40-2-107. Cancellation.
  29. 40-2-108. Fraudulent registration.
  30. 40-2-109. Common-law rights.
  31. 40-2-110. Powers.
  32. 40-2-111. Refusal to file documents.
  33. 40-3-101. Short title.
  34. 40-3-102. Definitions.
  35. 40-3-103. Endless chains and referral sales prohibited.
  36. 40-3-104. Prohibitions and requirements.
  37. 40-3-105. Restrictions on marketing programs.
  38. 40-3-106. Additional restrictions in marketing programs.
  39. 40-3-107. Representations of prospective income restricted.
  40. 40-3-108. Licensed activities excluded.
  41. 40-3-109. Notice of activity and consent to service of process.
  42. 40-3-110. Secretary of state agent for service of process for violations.
  43. 40-3-111. Investigatory powers.
  44. 40-3-112. Service of process.
  45. 40-3-113. Venue of action for injunctive relief.
  46. 40-3-114. Injunctive relief against violations; remedy not exclusive.
  47. 40-3-115. Civil penalty for violating injunction.
  48. 40-3-116. Acceptance of assurance of voluntary compliance authorized.
  49. 40-3-117. Jurisdiction retained by court.
  50. 40-3-118. Additional relief authorized; appointment of receiver.
  51. 40-3-119. Receiver's power to acquire and dispose of property.
  52. 40-3-120. Civil penalty for willful violation; willful violation defined.
  53. 40-3-121. Property acquisition and disposition remedy available in action for private remedy.
  54. 40-3-122. Penalties for violations; other criminal remedies unimpaired.
  55. 40-3-123. Limitation of actions.
  56. 40-3-124. Causes of action under other law unimpaired.
  57. 40-3-125. Severability of provisions.
  58. 40-4-101. What constitutes unfair discrimination; penalty; exceptions; definitions.
  59. 40-4-102. Repealed by Laws 2021, ch. 77, § 3.
  60. 40-4-103. Repealed by Laws 2021, ch. 77, § 3.
  61. 40-4-104. Criminal enforcement and penalties.
  62. 40-4-105. Cumulative remedies.
  63. 40-4-106. Repealed By Laws 2009, Ch. 172, § 2.
  64. 40-4-107. Sale at less than cost prohibited; cost defined.
  65. 40-4-108. Repealed By Laws 2009, Ch. 172, § 2.
  66. 40-4-109. Proof of intent; cost survey as evidence of cost.
  67. 40-4-110. Persons, agreements and transactions exempted from W.S. 40-4-107 and 40-4-109.
  68. 40-4-111. Repealed By Laws 2009, Ch. 172, § 2.
  69. 40-4-112. Repealed By Laws 2009, Ch. 172, § 2.
  70. 40-4-113. Repealed By Laws 2009, Ch. 172, § 2.
  71. 40-4-114. Enjoining violations; recovery of damages.
  72. 40-4-114.1. Civil investigations by the attorney general.
  73. 40-4-114.2. Civil enforcement by the attorney general.
  74. 40-4-115. Repealed By Laws 2009, Ch. 172, § 2.
  75. 40-4-116. Repealed By Laws 2009, Ch. 172, § 2.
  76. 40-4-117. Repealed By Laws 2009, Ch. 172, § 2.
  77. 40-4-118. Repealed By Laws 2009, Ch. 172, § 2.
  78. 40-4-119. Repealed By Laws 2009, Ch. 172, § 2.
  79. 40-4-120. Repealed By Laws 2009, Ch. 172, § 2.
  80. 40-4-121. Repealed By Laws 2009, Ch. 172, § 2.
  81. 40-4-122. Requiring construction of particular building to maintain agency or dealership.
  82. 40-4-123. Requiring purchase of accessories to maintain agency or dealership.
  83. 40-5-101. Repealed By Laws 1996, ch. 22, § 1.
  84. 40-5-102. Repealed By Laws 1996, ch. 22, § 1.
  85. 40-5-103. Repealed By Laws 1996, ch. 22, § 1.
  86. 40-5-104. Repealed By Laws 1996, ch. 22, § 1.
  87. 40-5-105. Repealed By Laws 1996, ch. 22, § 1.
  88. 40-5-106. Repealed By Laws 1996, ch. 22, § 1.
  89. 40-5-107. Repealed By Laws 1996, ch. 22, § 1.
  90. 40-5-108. Repealed By Laws 1996, ch. 22, § 1.
  91. 40-5-109. Repealed By Laws 1996, ch. 22, § 1.
  92. 40-5-110. Repealed By Laws 1996, ch. 22, § 1.
  93. 40-5-111. Repealed By Laws 1996, ch. 22, § 1.
  94. 40-5-112. Repealed By Laws 1996, ch. 22, § 1.
  95. 40-5-113. Repealed By Laws 1996, ch. 22, § 1.
  96. 40-5-114. Repealed By Laws 1996, ch. 22, § 1.
  97. 40-5-115. Repealed By Laws 1996, ch. 22, § 1.
  98. 40-5-116. Repealed By Laws 1996, ch. 22, § 1.
  99. 40-5-117. Repealed By Laws 1996, ch. 22, § 1.
  100. 40-6-101. Repealed By Laws 1996, ch. 23, § 1.
  101. 40-6-102. Repealed By Laws 1996 , ch. 23, § 1.
  102. 40-6-103. Repealed By Laws 1996 , ch. 23, § 1.
  103. 40-7-101. Products must conform to standards.
  104. 40-7-102. Definitions.
  105. 40-7-103. Board to promulgate standards.
  106. 40-7-104. Penalty for violations.
  107. 40-7-105. Enforcement.
  108. 40-7-106. Seizure and sale.
  109. 40-7-107. Analysis by state chemist; ASTM standards to apply.
  110. 40-7-108. Repealed By Laws 1985, ch. 134, § 2.
  111. 40-7-109. Exemption for retail dealer.
  112. 40-7-110. Antifreeze must be approved by state chemist.
  113. 40-7-111. Electronic transmittals.
  114. 40-8-101. Repealed By Laws 1985, ch. 134, § 2.
  115. 40-8-102. Repealed By Laws 1985, ch. 134, § 2.
  116. 40-8-103. Repealed By Laws 1985, ch. 134, § 2.
  117. 40-8-104. Repealed By Laws 1985, ch. 134, § 2.
  118. 40-8-105. Repealed By Laws 1985, ch. 134, § 2.
  119. 40-8-106. Repealed By Laws 1985, ch. 134, § 2.
  120. 40-9-101. Standard natural gas defined.
  121. 40-9-102. Factors to be considered in fixing rates.
  122. 40-9-103. Tests and report of state chemist upon complaint; use of results as evidence and in fixing rates.
  123. 40-9-104. Municipality may require test every 3 months.
  124. 40-9-105. Expense of tests charged to state university.
  125. 40-10-101. Repealed By Laws 1993, ch. 160, § 3.
  126. 40-10-102. Repealed By Laws 1993, ch. 160, § 3.
  127. 40-10-103. Repealed By Laws 1993, ch. 160, § 3.
  128. 40-10-104. Repealed By Laws 1993, ch. 160, § 3.
  129. 40-10-105. Repealed By Laws 1993, ch. 160, § 3.
  130. 40-10-106. Repealed By Laws 1993, ch. 160, § 3.
  131. 40-10-107. Repealed By Laws 1993, ch. 160, § 3.
  132. 40-10-108. Repealed By Laws 1993, ch. 160, § 3.
  133. 40-10-109. Repealed By Laws 1993, ch. 160, § 3.
  134. 40-10-110. Repealed By Laws 1993, ch. 160, § 3.
  135. 40-10-111. Repealed By Laws 1993, ch. 160, § 3.
  136. 40-10-112. Repealed By Laws 1993, ch. 160, § 3.
  137. 40-10-113. Repealed By Laws 1993, ch. 160, § 3.
  138. 40-10-114. Repealed By Laws 1993, ch. 160, § 3.
  139. 40-10-115. Repealed By Laws 1993, ch. 160, § 3.
  140. 40-10-116. Repealed By Laws 1993, ch. 160, § 3.
  141. 40-10-117. Definitions.
  142. 40-10-118. Recognized systems.
  143. 40-10-119. Physical standards.
  144. 40-10-120. Technical requirements for weighing and measuring devices.
  145. 40-10-121. Department of agriculture duties and powers.
  146. 40-10-122. Powers and duties of the director.
  147. 40-10-123. Special enforcement powers.
  148. 40-10-124. Powers and duties of local officials.
  149. 40-10-125. Misrepresentation of quantity or pricing.
  150. 40-10-126. Method of sale.
  151. 40-10-127. Sale of gasoline and distillates on other than gross volume basis unlawful; exception; "sale" defined.
  152. 40-10-128. Sale from bulk.
  153. 40-10-129. Information required on packages.
  154. 40-10-130. Declarations of unit price on random weight packages.
  155. 40-10-131. Advertising packages for sale.
  156. 40-10-132. Prohibited acts.
  157. 40-10-133. Criminal penalties.
  158. 40-10-134. Restraining order and injunction.
  159. 40-10-135. Presumptive evidence.
  160. 40-10-136. License required; fee.
  161. 40-11-101. Definitions.
  162. 40-11-102. Application by public corporation to establish
  163. 40-11-103. Application by private corporation to establish and operate.
  164. 40-11-104. Establishment and operation by corporation; conditions and restrictions.
  165. 40-11-105. Powers of public corporation to provide indemnity and deposit money with United States.
  166. 40-12-101. Short title.
  167. 40-12-102. Definitions.
  168. 40-12-103. Unsolicited merchandise.
  169. 40-12-104. Home solicitation sales.
  170. 40-12-105. Unlawful practices.
  171. 40-12-106. Restraining unlawful practices.
  172. 40-12-107. Assurances of voluntary compliance.
  173. 40-12-108. Private remedies.
  174. 40-12-109. Limitation of actions.
  175. 40-12-110. Exemptions.
  176. 40-12-111. Violations involving older persons or persons with disabilities; civil penalty.
  177. 40-12-112. Investigative powers of enforcing authority.
  178. 40-12-113. Civil penalties.
  179. 40-12-114. Effect on other remedies.
  180. 40-12-201. Definitions.
  181. 40-12-202. Written prize notice required.
  182. 40-12-203. Delivery and contents of written prize notices.
  183. 40-12-204. Sales presentations.
  184. 40-12-205. Prize award required; options if prize not available.
  185. 40-12-206. Penalties.
  186. 40-12-207. Enforcement.
  187. 40-12-208. Private action.
  188. 40-12-209. Exemptions.
  189. 40-12-301. Definitions.
  190. 40-12-302. Telephone solicitations.
  191. 40-12-303. Automated sales calls.
  192. 40-12-304. Investigation of complaints; enforcement; attorney's fees.
  193. 40-12-305. Notice of activity and consent to service of process.
  194. 40-12-401. Definitions.
  195. 40-12-402. Sending unpermitted or misleading electronic mail prohibited.
  196. 40-12-403. Investigation of complaints; enforcement; attorney's fees.
  197. 40-12-404. Immunity from liability for blocking of commercial electronic mail by interactive computer service.
  198. 40-12-501. Definitions.
  199. 40-12-502. Computer security breach; notice to affected persons.
  200. 40-12-503. Security freeze.
  201. 40-12-504. Permanent removal or temporary lift of security freeze; requirements and timing.
  202. 40-12-505. Exceptions.
  203. 40-12-506. Fees for security freeze.
  204. 40-12-507. Changes to information in a credit report subject to a security freeze.
  205. 40-12-508. Violations; penalties.
  206. 40-12-509. Factual declaration of innocence after identity theft.
  207. 40-12-601. Unauthorized use of arrest photographs; penalty.
  208. 40-12-701. Definitions.
  209. 40-12-702. Requirements for exterior storm damage repair solicitations and advertisements.
  210. 40-12-703. Disclosure requirements for exterior storm damage repair proposals.
  211. 40-12-704. Disclosure requirements for exterior storm damage repair contracts.
  212. 40-12-705. Exterior storm damage repair contracts; right to cancel; waiver.
  213. 40-12-706. Private remedies.
  214. 40-13-101. Short title.
  215. 40-13-102. Definitions.
  216. 40-13-103. Licensing requirements.
  217. 40-13-104. Discrimination prohibited.
  218. 40-13-105. Licenses and fees; choices.
  219. 40-13-106. Time for filing contracts and licenses; filing fee.
  220. 40-13-107. Blanket license fees.
  221. 40-13-108. Doing business defined; amenability to process; service on nonresidents.
  222. 40-13-109. Injunction.
  223. 40-13-110. Right to sue; limitation; damages.
  224. 40-13-111. Existing contracts not affected.
  225. 40-13-112. Special appearances deemed general.
  226. 40-13-113. Penalty for violations.
  227. 40-13-201. Definitions.
  228. 40-13-202. Prohibited acts.
  229. 40-13-203. Forfeiture and destruction.
  230. 40-13-204. Additional prohibited act; evidence.
  231. 40-13-205. Penalty.
  232. 40-13-206. Exceptions.
  233. 40-13-301. Definitions.
  234. 40-13-302. Information required to be provided regarding royalty contracts; contract requirements.
  235. 40-13-303. Restrictions.
  236. 40-13-304. Civil actions.
  237. 40-13-305. Applicability.
  238. 40-14-101. Short title.
  239. 40-14-102. Purposes; rules of construction.
  240. 40-14-103. Supplementary general principles of law applicable.
  241. 40-14-104. Construction against implicit repeal.
  242. 40-14-105. Severability.
  243. 40-14-106. Waiver; agreement to forego rights; settlement of claims; legal rate of interest; applicability.
  244. 40-14-107. Effect on powers of organizations.
  245. 40-14-120. Territorial application.
  246. 40-14-121. Exclusions.
  247. 40-14-140. General definitions.
  248. 40-14-141. Definition.
  249. 40-14-142. Index of definitions.
  250. 40-14-201. Short title.
  251. 40-14-202. Scope; license required.
  252. 40-14-203. Definitions.
  253. 40-14-204. Definition of "consumer credit sale."
  254. 40-14-205. Additional definitions.
  255. 40-14-206. Definition of "consumer lease".
  256. 40-14-207. Definition of "seller".
  257. 40-14-208. Definition of "revolving charge account".
  258. 40-14-209. Definition of "credit service charge".
  259. 40-14-210. Definition of "cash price".
  260. 40-14-211. Definition of "amount financed".
  261. 40-14-212. Credit service charge for consumer credit sales other than revolving charge accounts.
  262. 40-14-213. Additional charges.
  263. 40-14-214. Delinquency charges.
  264. 40-14-215. Deferral charges.
  265. 40-14-216. Credit service charge on refinancing.
  266. 40-14-217. Credit service charge on consolidation.
  267. 40-14-218. Credit service charge for revolving charge accounts.
  268. 40-14-219. Advances to perform covenants of buyer.
  269. 40-14-220. Right to prepay.
  270. 40-14-221. Rebate upon prepayment.
  271. 40-14-222. Applicability; information required.
  272. 40-14-223. Repealed by Laws 1982, ch. 61, § 2.
  273. 40-14-224. Repealed by Laws 1982, ch. 61, § 2.
  274. 40-14-225. Statement of rate.
  275. 40-14-226. Repealed by Laws 1982, ch. 61, § 2.
  276. 40-14-227. Repealed by Laws 1982, ch. 61, § 2.
  277. 40-14-228. Repealed by Laws 1982, ch. 61, § 2.
  278. 40-14-229. Repealed by Laws 1982, ch. 61, § 2.
  279. 40-14-230. Repealed by Laws 1982, ch. 61, § 2.
  280. 40-14-231. Repealed by Laws 1982, ch. 61, § 2.
  281. 40-14-232. Repealed by Laws 1982, ch. 61, § 2.
  282. 40-14-233. Repealed by Laws 1982, ch. 61, § 2.
  283. 40-14-234. Repealed by Laws 1982, ch. 61, § 2.
  284. 40-14-235. Scope; violations of federal Military Lending Act.
  285. 40-14-236. Use of multiple agreements.
  286. 40-14-237. Certain negotiable instruments prohibited.
  287. 40-14-238. When assignee not subject to defenses.
  288. 40-14-239. Balloon payments.
  289. 40-14-240. Restriction on liability in consumer lease.
  290. 40-14-241. Security in sales or leases.
  291. 40-14-242. Cross-collateral.
  292. 40-14-243. Debt secured by cross-collateral.
  293. 40-14-244. No assignment of earnings.
  294. 40-14-245. Referral sales.
  295. 40-14-246. Notice of assignment.
  296. 40-14-247. Attorney's fees.
  297. 40-14-248. Limitation on default charges.
  298. 40-14-249. Authorization to confess judgment prohibited.
  299. 40-14-250. Change in terms of revolving charge accounts.
  300. 40-14-251. Definition.
  301. 40-14-252. Buyer's right to cancel.
  302. 40-14-253. Form of agreement or offer; statement of
  303. 40-14-254. Restoration of down payment; retention of goods by buyer.
  304. 40-14-255. Duty of buyer; no compensation for services prior to cancellation; noncompliance by buyer.
  305. 40-14-256. Sales subject to provisions by agreement of parties.
  306. 40-14-257. Repealed by Laws 2021, ch. 14, § 3.
  307. 40-14-258. Repealed by Laws 2021, ch. 14, § 3.
  308. 40-14-259. Repealed by Laws 2021, ch. 14, § 3.
  309. 40-14-260. Repealed by Laws 2021, ch. 14, § 3.
  310. 40-14-261. Definitions; prohibited assignments; applicable provisions.
  311. 40-14-301. Short title.
  312. 40-14-302. Scope; license required.
  313. 40-14-303. Definitions.
  314. 40-14-304. Definition of "consumer loan"; interests in land.
  315. 40-14-305. Repealed by Laws 2021, ch. 14, § 3.
  316. 40-14-306. Definition of "loan".
  317. 40-14-307. Additional definitions.
  318. 40-14-308. Definition of "revolving loan account".
  319. 40-14-309. Definition of "loan finance charge".
  320. 40-14-310. Consumer loan finance charges.
  321. 40-14-311. Additional charges.
  322. 40-14-312. Delinquency charges.
  323. 40-14-313. Deferral charges.
  324. 40-14-314. Loan finance charge on refinancing.
  325. 40-14-315. Loan finance charge on consolidation.
  326. 40-14-316. Conversion to revolving loan account.
  327. 40-14-317. Advances to perform covenants of debtor.
  328. 40-14-318. Right to prepay.
  329. 40-14-319. Rebate upon prepayment.
  330. 40-14-320. Applicability; information required.
  331. 40-14-321. Repealed by Laws 1982, ch. 61, § 2.
  332. 40-14-322. Repealed by Laws 1982, ch. 61, § 2.
  333. 40-14-323. Statement of rate.
  334. 40-14-324. Repealed by Laws 1982, ch. 61, § 2.
  335. 40-14-325. Repealed by Laws 1982, ch. 61, § 2.
  336. 40-14-326. Repealed by Laws 1982, ch. 61, § 2.
  337. 40-14-327. Repealed by Laws 1982, ch. 61, § 2.
  338. 40-14-328. Repealed by Laws 1982, ch. 61, § 2.
  339. 40-14-329. Repealed by Laws 1982, ch. 61, § 2.
  340. 40-14-330. Repealed by Laws 1982, ch. 61, § 2.
  341. 40-14-331. Repealed by Laws 1982, ch. 61, § 2.
  342. 40-14-332. Scope.
  343. 40-14-333. Balloon payments.
  344. 40-14-334. No assignment of earnings.
  345. 40-14-335. Attorney's fees.
  346. 40-14-336. Limitation on default charges.
  347. 40-14-337. Notice of assignment.
  348. 40-14-338. Authorization to confess judgment prohibited.
  349. 40-14-339. Change in terms of revolving loan accounts.
  350. 40-14-340. Use of multiple agreements.
  351. 40-14-341. Repealed by Laws 2021, ch. 14, § 3.
  352. 40-14-342. Repealed by Laws 2021, ch. 14, § 3.
  353. 40-14-343. Repealed By Laws 1996, ch. 86, § 3.
  354. 40-14-344. Repealed By Laws 1996, ch. 86, § 3.
  355. 40-14-345. Repealed By Laws 1996, ch. 86, § 3.
  356. 40-14-346. Repealed By Laws 1996, ch. 86, § 3.
  357. 40-14-347. Repealed By Laws 1996 , ch. 86, § 3.
  358. 40-14-348. Repealed by Laws 2021, ch. 14, § 3.
  359. 40-14-349. Repealed by Laws 2021, ch. 14, § 3.
  360. 40-14-350. Repealed by Laws 2021, ch. 14, § 3.
  361. 40-14-351. Repealed by Laws 2021, ch. 14, § 3.
  362. 40-14-352. Repealed by Laws 2021, ch. 14, § 3.
  363. 40-14-353. Repealed by Laws 2021, ch. 14, § 3.
  364. 40-14-354. Loans subject to provisions by agreement of parties.
  365. 40-14-355. Repealed by Laws 2021, ch. 14, § 3.
  366. 40-14-356. Repealed by Laws 2021, ch. 14, § 3.
  367. 40-14-357. Repealed by Laws 2021, ch. 14, § 3.
  368. 40-14-358. Repealed by Laws 2021, ch. 14, § 3.
  369. 40-14-359. Definitions; application.
  370. 40-14-360. Pawn finance charge; limits on amount financed and terms; minimum pawn finance charge.
  371. 40-14-361. Limitation on agreement and practices.
  372. 40-14-362. Definitions.
  373. 40-14-363. License required; post-dated check finance
  374. 40-14-364. Limitation on multiple agreements.
  375. 40-14-365. Right to rescind.
  376. 40-14-366. Extended payment plan; terms and conditions.
  377. 40-14-367. Notification.
  378. 40-14-368. Violations.
  379. 40-14-401. Short title.
  380. 40-14-402. Scope.
  381. 40-14-403. Definitions.
  382. 40-14-404. Creditor's provision of and charge for insurance; excess amount of charge.
  383. 40-14-405. Conditions applying to insurance to be provided by creditor.
  384. 40-14-406. Unconscionability.
  385. 40-14-407. Maximum charge by creditor for insurance.
  386. 40-14-408. Refund or credit required; amount.
  387. 40-14-409. Existing insurance; choice of insurer.
  388. 40-14-410. Charge for insurance in connection with a deferral, refinancing, or consolidation; duplicate charges.
  389. 40-14-411. Cooperation between administrator and commissioner of insurance.
  390. 40-14-412. Administrative action of commissioner of insurance.
  391. 40-14-430. Term of insurance.
  392. 40-14-431. Amount of insurance.
  393. 40-14-432. Filing and approval of rates and forms.
  394. 40-14-450. Property insurance.
  395. 40-14-451. Risk of loss or damage.
  396. 40-14-452. Liability insurance.
  397. 40-14-453. Cancellation by creditor.
  398. 40-14-454. Refund of certain credit insurance products upon prepayment; method.
  399. 40-14-501. Short title.
  400. 40-14-502. Scope.
  401. 40-14-503. Restrictions on deficiency judgments in consumer credit sales.
  402. 40-14-504. No garnishment before judgment.
  403. 40-14-505. Limitation on garnishment.
  404. 40-14-506. No discharge from employment for garnishment.
  405. 40-14-507. Extortionate extensions of credit.
  406. 40-14-508. Unconscionability.
  407. 40-14-520. Interests in land.
  408. 40-14-521. Effect of violations on rights of parties.
  409. 40-14-522. Civil liability for violation of disclosure provisions.
  410. 40-14-523. Repealed By Laws 2013, Ch. 124, § 3.
  411. 40-14-524. Refunds and penalties as setoff to obligation.
  412. 40-14-540. Willful violations.
  413. 40-14-541. Disclosure violations.
  414. 40-14-601. Short title.
  415. 40-14-602. Applicability.
  416. 40-14-603. Administrator.
  417. 40-14-604. Powers of administrator; harmony with federal
  418. 40-14-605. Administrative powers with respect to supervised financial organizations.
  419. 40-14-606. Examination and investigatory powers.
  420. 40-14-607. Applicability of Administrative Procedure Act.
  421. 40-14-608. Administrative enforcement orders.
  422. 40-14-609. Assurance of discontinuance.
  423. 40-14-610. Injunctions against violations.
  424. 40-14-611. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
  425. 40-14-612. Temporary relief.
  426. 40-14-613. Civil actions.
  427. 40-14-614. Jury trial.
  428. 40-14-615. Debtors' remedies not affected.
  429. 40-14-616. Enforcement.
  430. 40-14-630. Applicability.
  431. 40-14-631. Notification.
  432. 40-14-632. Fees.
  433. 40-14-633. Crediting of monies.
  434. 40-14-634. License required; application; fee; conditions and execution; license nontransferable; display; renewal.
  435. 40-14-635. Revocation or suspension of license.
  436. 40-14-636. Records; confidentiality.
  437. 40-14-637. Surety bonds.
  438. 40-14-638. Mortgage call reports.
  439. 40-14-639. Report to the registry.
  440. 40-14-640. Additional definitions.
  441. 40-14-641. Loan originator licensing; registration; rulemaking.
  442. 40-14-642. Loan originator application; processing.
  443. 40-14-643. Issuance of loan originator licenses.
  444. 40-14-644. Prelicensing and relicensing education of loan originators.
  445. 40-14-645. Testing of mortgage loan originators.
  446. 40-14-646. Standards for loan originator license renewal; rulemaking.
  447. 40-14-647. Continuing education for mortgage loan originators; rulemaking.
  448. 40-14-648. Authority to require license.
  449. 40-14-649. Unique identifier; rulemaking.
  450. 40-14-701. Repealed by Laws 2021, ch. 14, § 3.
  451. 40-14-702. Repealed by Laws 2021, ch. 14, § 3.
  452. 40-15-101. Repealed by Laws 1988, ch. 98, § 2.
  453. 40-15-102. Repealed by Laws 1988, ch. 98, § 2.
  454. 40-15-103. Repealed by Laws 1988, ch. 98, § 2.
  455. 40-15-104. Repealed by Laws 1988, ch. 98, § 2.
  456. 40-15-105. Repealed by Laws 1988, ch. 98, § 2.
  457. 40-15-106. Repealed by Laws 1988, ch. 98, § 2.
  458. 40-15-107. Repealed by Laws 1988, ch. 98, § 2.
  459. 40-15-108. Repealed by Laws 1988, ch. 98, § 2.
  460. 40-15-109. Repealed by Laws 1988, ch. 98, § 2.
  461. 40-16-101. Prohibited.
  462. 40-16-102. Exceptions.
  463. 40-16-103. Penalty for violation; continuing offense;
  464. 40-17-101. Definitions; express warranties; duty to make warranty repairs.
  465. 40-17-102. Motor carrier indemnity agreements void.
  466. 40-18-101. Repealed By Laws 1998, ch. 27, § 2.
  467. 40-18-102. Repealed By Laws 1998, ch. 27, § 2.
  468. 40-18-103. Repealed By Laws 1998, ch. 27, § 2.
  469. 40-18-104. Repealed By Laws 1998, ch. 27, § 2.
  470. 40-18-105. Repealed By Laws 1998, ch. 27, § 2.
  471. 40-18-106. Repealed By Laws 1998, ch. 27, § 2.
  472. 40-18-107. Repealed By Laws 1998, ch. 27, § 2.
  473. 40-19-101. Short title.
  474. 40-19-102. Definitions.
  475. 40-19-103. Notices.
  476. 40-19-104. Application.
  477. 40-19-105. Inapplicability of other laws; exempt transactions.
  478. 40-19-106. General requirements of rental-purchase agreements.
  479. 40-19-107. Disclosures.
  480. 40-19-108. Prohibited provisions.
  481. 40-19-109. Default; notice of default and right to cure.
  482. 40-19-110. Reinstatement.
  483. 40-19-111. Liability damage waivers; fees.
  484. 40-19-112. Renegotiations and extensions.
  485. 40-19-113. Advertising.
  486. 40-19-114. License required; application for license; fee; qualifications.
  487. 40-19-115. Revocation or suspension of license.
  488. 40-19-116. Record retention.
  489. 40-19-117. Examination and investigation.
  490. 40-19-118. Powers and functions of the commissioner; enforcement; penalties.
  491. 40-19-119. Consumer civil actions.
  492. 40-19-120. Merchant's defense.
  493. 40-20-101. Short title.
  494. 40-20-102. Repealed By Laws 2006, Chapter 107, § 2.
  495. 40-20-103. Repealed By Laws 2006, Chapter 107, § 2.
  496. 40-20-104. Repealed By Laws 2006, Chapter 107, § 2.
  497. 40-20-105. Surplus parts inventory; credits.
  498. 40-20-106. Repealed By Laws 2006, Chapter 107, § 2.
  499. 40-20-107. Repealed By Laws 2006, Chapter 107, § 2.
  500. 40-20-108. Repealed By Laws 2006, Chapter 107, § 2.
  501. 40-20-109. Repealed By Laws 2006, Chapter 107, § 2.
  502. 40-20-110. Current agreements; effect of law; void provisions.
  503. 40-20-111. Repealed By Laws 2006, Chapter 107, § 2.
  504. 40-20-112. Repealed By Laws 2006, Chapter 107, § 2.
  505. 40-20-113. Definitions.
  506. 40-20-114. Violations of chapter.
  507. 40-20-115. Termination of dealer agreements.
  508. 40-20-116. Termination of dealer agreements; single line dealers.
  509. 40-20-117. Notice of termination of dealer agreement; cure
  510. 40-20-118. Death of single line dealer.
  511. 40-20-119. Reimbursement for warranty work.
  512. 40-20-120. Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement.
  513. 40-20-121. Repurchase not required.
  514. 40-20-122. Remedies and enforcement.
  515. 40-20-123. Choice of remedies; exemption from tax.
  516. 40-21-101. Short title.
  517. 40-21-102. Definitions.
  518. 40-21-103. Scope.
  519. 40-21-104. Applicability.
  520. 40-21-105. Use of electronic records and electronic signatures, variation by agreement.
  521. 40-21-106. Construction and application.
  522. 40-21-107. Legal recognition of electronic records, electronic signatures and electronic contracts.
  523. 40-21-108. Provisions of information in writing; presentation of records.
  524. 40-21-109. Attribution and effect of electronic record and electronic signature.
  525. 40-21-110. Effect of change or error.
  526. 40-21-111. Notarization and acknowledgment.
  527. 40-21-112. Retention to electronic records, originals.
  528. 40-21-113. Admissibility in evidence.
  529. 40-21-114. Automated transaction.
  530. 40-21-115. Time and place of sending and receipt.
  531. 40-21-116. Transferable records.
  532. 40-21-117. Creation and retention of electronic records and conversion of written records by government agencies.
  533. 40-21-118. Acceptance and distribution of electronic records by governmental agencies.
  534. 40-21-119. Interoperability.
  535. 40-22-101. Short title.
  536. 40-22-102. Definitions.
  537. 40-22-103. License required.
  538. 40-22-104. Exemptions; applicability.
  539. 40-22-105. License requirements.
  540. 40-22-106. Bond or other security device.
  541. 40-22-107. Permissible investments and statutory trust.
  542. 40-22-108. Application for license.
  543. 40-22-109. Application fee.
  544. 40-22-110. Issuance of license.
  545. 40-22-111. Renewal of license and annual report.
  546. 40-22-112. Licensee liability.
  547. 40-22-113. Extraordinary reporting requirements.
  548. 40-22-114. Changes in control of a licensee.
  549. 40-22-115. Examinations.
  550. 40-22-116. Maintenance of records.
  551. 40-22-117. Confidentiality of records; exception.
  552. 40-22-118. Authorized delegate contracts.
  553. 40-22-119. Authorized delegate and subdelegate conduct.
  554. 40-22-120. License suspension or revocation.
  555. 40-22-121. Suspension or revocation of authorized delegates.
  556. 40-22-122. Orders to cease and desist.
  557. 40-22-123. Consent orders.
  558. 40-22-124. Civil penalties.
  559. 40-22-125. Criminal penalties.
  560. 40-22-126. Unlicensed persons; verification authority regarding exemptions.
  561. 40-22-127. Administrative procedures.
  562. 40-22-128. Hearings.
  563. 40-22-129. Rulemaking and deposit of fees.
  564. 40-23-101. Short title.
  565. 40-23-102. Definitions.
  566. 40-23-103. Powers and duties of commissioner.
  567. 40-23-104. License requirements.
  568. 40-23-105. Exemptions from license requirements.
  569. 40-23-106. Initial licensing and compliance.
  570. 40-23-107. Application for license to do business as a mortgage lender or mortgage broker.
  571. 40-23-108. Change in control of a licensee.
  572. 40-23-109. License renewal and annual report.
  573. 40-23-110. Surety bonds.
  574. 40-23-111. Examinations and investigations.
  575. 40-23-112. Records; confidentiality of records; exception.
  576. 40-23-113. Disclosure of mortgage lender fees.
  577. 40-23-114. Disclosure of mortgage broker fees.
  578. 40-23-115. Loan commitments; prepayment penalty disclosure by mortgage broker.
  579. 40-23-116. Trust accounts.
  580. 40-23-117. Prohibited practices.
  581. 40-23-118. License suspension or revocation.
  582. 40-23-119. Orders to cease and desist.
  583. 40-23-120. Consent orders.
  584. 40-23-121. Civil penalties.
  585. 40-23-122. Criminal penalties.
  586. 40-23-123. Hearings.
  587. 40-23-124. Loan originator licensing; registration; rulemaking.
  588. 40-23-125. Loan originator application; processing.
  589. 40-23-126. Issuance of loan originator license.
  590. 40-23-127. Prelicensing and relicensing education of loan originators.
  591. 40-23-128. Testing of mortgage loan originators.
  592. 40-23-129. Standards for loan originator license renewal; rulemaking.
  593. 40-23-130. Continuing education for mortgage loan originators; rulemaking.
  594. 40-23-131. Mortgage call reports.
  595. 40-23-132. Report to the registry.
  596. 40-23-133. Unique identifier; rulemaking.
  597. 40-24-101. Definitions.
  598. 40-24-102. Injunctive relief.
  599. 40-24-103. Damages.
  600. 40-24-104. Attorney's fees.
  601. 40-24-105. Preservation of secrecy.
  602. 40-24-106. Statute of limitations.
  603. 40-24-107. Effect on other law.
  604. 40-24-108. Uniformity of application and construction.
  605. 40-24-109. Short title.
  606. 40-24-110. Time of taking effect.
  607. 40-25-101. Computer trespass.
  608. 40-26-101. Short title.
  609. 40-26-102. Definitions.
  610. 40-26-103. Sale or rental.
  611. 40-26-104. Publication.
  612. 40-26-105. Inspection.
  613. 40-26-106. Entry into neighborhood.
  614. 40-26-107. Disability.
  615. 40-26-108. Residential real estate related transaction.
  616. 40-26-109. Brokerage services.
  617. 40-26-110. Sales and rentals exempted.
  618. 40-26-111. Religious organization, private club, and appraisal exemption.
  619. 40-26-112. Housing for elderly exempted.
  620. 40-26-113. Effect on other law.
  621. 40-26-114. Duties and powers of enforcing authority.
  622. 40-26-115. Complaints.
  623. 40-26-116. Cooperation with other entities.
  624. 40-26-117. Gifts and grants; fair housing fund; continuing appropriation.
  625. 40-26-118. Complaint.
  626. 40-26-119. Answer.
  627. 40-26-120. Investigation.
  628. 40-26-121. Additional or substitute respondent.
  629. 40-26-122. Conciliation.
  630. 40-26-123. Temporary or preliminary relief.
  631. 40-26-124. Investigative report.
  632. 40-26-125. Reasonable cause determination.
  633. 40-26-126. Charge.
  634. 40-26-127. Land use law.
  635. 40-26-128. Dismissal.
  636. 40-26-129. Pending civil trial.
  637. 40-26-130. Election of judicial determination.
  638. 40-26-131. Administrative hearing.
  639. 40-26-132. Administrative penalties.
  640. 40-26-133. Effect of enforcing authority order.
  641. 40-26-134. Licensed or regulated business.
  642. 40-26-135. Order in preceding five years.
  643. 40-26-136. Attorney general action for enforcement.
  644. 40-26-137. Pattern or practice case; penalties.
  645. 40-26-138. Subpoena enforcement.
  646. 40-26-139. Civil action.
  647. 40-26-140. Relief granted.
  648. 40-26-141. Effect of relief granted.
  649. 40-26-142. Intervention by attorney general.
  650. 40-26-143. Prevailing party.
  651. 40-26-144. Intimidation or interference; penalty.
  652. 40-26-145. Records exempt.
  653. 40-27-101. Trespass to unlawfully collect resource data; unlawful collection of resource data.
  654. 40-28-101. Short title; definitions.
  655. 40-28-102. Medical digital innovation sandbox waiver;
  656. 40-28-103. Medical digital innovation sandbox application; standards for approval; consumer protection bond.
  657. 40-28-104. Medical digital innovation account.
  658. 40-28-105. Operation of medical digital innovation sandbox.
  659. 40-28-106. Revocation or suspension of medical digital innovation sandbox authorization.
  660. 40-28-107. Extension of sandbox period.
  661. 40-28-108. Rules and orders; enforcement of bond;
  662. 40-29-101. Short title.
  663. 40-29-102. Definitions.
  664. 40-29-103. Financial technology sandbox waiver;
  665. 40-29-104. Financial technology sandbox application; standards for approval; consumer protection bond.
  666. 40-29-105. Financial technology innovation account.
  667. 40-29-106. Operation of financial technology sandbox.
  668. 40-29-107. Revocation or suspension of financial technology sandbox authorization.
  669. 40-29-108. Extension of sandbox period.
  670. 40-29-109. Rules and orders; enforcement of bond;
  671. 40-30-101. Definitions.
  672. 40-30-102. Acts through digital identity.
  673. 40-30-103. Impersonation of digital identity; remedies.
  674. 40-31-101. Short title.
  675. 40-31-102. Definitions.
  676. 40-31-103. Wyoming stable token commission.
  677. 40-31-104. Wyoming stable token value; limitations.
  678. 40-31-105. Powers of the commission.
  679. 40-31-106. Wyoming stable token accounts.
  680. 40-31-107. Redemption.
  681. 40-31-108. Notice of limitations.
  682. 40-31-109. Limitations on liability.
  683. 40-31-110. Bidding requirements; contract procedures.
  684. 40-32-101. Definitions.
  685. 40-32-102. Virtual currency kiosks authorized; regulation; penalty.
  686. 40-32-103. Confidentiality of records; exception.

Proposed changes to this act

No one has proposed a change to this act yet.

686 provisions

40-12-504. 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 the security freeze and the consumer reporting agency notifies the consumer in writing before removing the security freeze; or (ii) The consumer reporting agency receives the consumer's request through a contact method established and required in accordance with W.S. 40-12-503(f) and the consumer reporting agency receives the consumer's proper identification and other information sufficient to identify the consumer including the consumer's personal identification number or password. (b) A consumer reporting agency shall temporarily lift a security freeze upon receipt of: (i) The consumer's request through the contact method established by the consumer reporting agency; (ii) The consumer's proper identification and other information sufficient to identify the consumer including the consumer's personal identification number or password; (iii) A specific designation of the period of time for which the security freeze is to be lifted; and (iv) The consumer reporting agency receives the payment of any fee required under W.S. 40-12-506. (c) A consumer reporting agency shall temporarily lift a security freeze from a consumer's credit report within: (i) Three (3) business days after the business day on which the consumer's request to temporarily lift the security freeze is received by the consumer reporting agency through the contact method developed by the consumer reporting agency as required under W.S. 40-15-503(f); or (ii) On or after September 1, 2008, within fifteen (15) minutes after the consumer's request is received by the consumer reporting agency through the electronic contact method developed by the consumer reporting agency as required under W.S. 40-12-503(f) or the use of telephone, during normal business hours and includes the consumer's proper identification and correct personal identification number or password. (d) A consumer reporting agency shall permanently remove a security freeze from a consumer's credit report within three (3) business days after the business day on which the consumer's request is received by the consumer reporting agency through the contact method developed by the agency to receive such requests as required under W.S. 40-12-503(f). (e) A consumer reporting agency need not temporarily lift a security freeze within the time provided in subsection (c) of this section if: (i) The consumer fails to meet the requirements of subsection (b) of this section; or (ii) The consumer reporting agency's ability to temporarily lift the security freeze within fifteen (15) minutes is prevented by: (A) An act of God, including fire, earthquakes, hurricanes, storms or similar natural disaster or phenomena; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action or similar directives; (E) Regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems; (F) Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours.

Propose a change

40-12-505. 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's account with the third party, including for account maintenance or monitoring, credit line increases or other upgrades or enhancements; (C) Collect on a financial obligation owed by the consumer to the third party requesting the credit report; (D) Collect on a financial obligation owed by the consumer to another person; or (E) The third party requesting the credit report is a subsidiary, affiliate, agent, assignee or prospective assignee of the person holding the consumer's account or to whom the consumer owes a financial obligation. (b) The consumer's request for a security freeze does not prohibit the consumer reporting agency from disclosing the consumer's credit report for other than credit related purposes consistent with the definition of credit report in W.S. 40-12-501(a). (c) The following types of credit report disclosures by consumer reporting agencies to third parties are not prohibited by a security freeze: (i) The third party does not use the credit report for the purpose of serving as a factor in establishing a consumer's eligibility for credit; (ii) The release is pursuant to a court order, warrant or subpoena requiring release of the credit report by the consumer reporting agency; (iii) The third party is a child support agency, or its agent or assignee, acting under Part D, Title IV of the Social Security Act or a similar state law; (iv) The third party is the federal department of health and human services or a similar state agency, or its agent or assignee, investigating Medicare or Medicaid fraud; (v) The purpose of the credit report is to investigate or collect delinquent taxes, assessments or unpaid court orders and the third party is: (A) The federal internal revenue service; (B) A state taxing authority; (C) The department of transportation, division of motor vehicles; (D) A county, municipality, or other entity with taxing authority; (E) A federal, state or local law enforcement agency; or (F) The agent or assignee of any entity listed in this paragraph. (vi) The third party is administering a credit file monitoring subscription to which the consumer has subscribed; or (vii) The third party requests the credit report for the sole purpose of providing the consumer with a copy of the consumer's credit report or credit score upon the consumer's request. (d) The security freeze provisions of W.S. 40-12-503 do not apply to: (i) A consumer reporting agency, the sole purpose of which is to resell credit information by assembling and merging information contained in the database of another consumer reporting agency and that does not maintain a permanent database of credit information from which a consumer's credit report is produced; (ii) A deposit account information service company that issues reports concerning account closures based on fraud, substantial overdrafts, automated teller machine abuse or similar information concerning a consumer to a requesting financial institution for the purpose of evaluating a consumer's request to create a deposit account; (iii) A check services or fraud prevention services company that issues: (A) Reports on incidents of fraud; or (B) Authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment. (iv) A consumer reporting agency, with respect to its database of files that consist entirely of public records and is used solely for one (1) or more of the following: (A) Criminal record information; (B) Tenant screening; (C) Employment screening; or (D) Fraud prevention or detection. (v) A database or file which consists solely of information adverse to the interests of the consumer including, but not limited to, criminal record information which is used for fraud prevention or detection, tenant screening, employment screening or any purpose permitted by the Fair Credit Reporting Act, 15 U.S.C. 1681b; (vi) A person to the extent the person offers fraud prevention services which provide reports on incidents of fraud or reports used primarily in the detection or prevention of fraud; or (vii) Setting or adjusting of a rate, adjusting a claim or underwriting for insurance purposes. (e) Nothing in this article prohibits a person from obtaining, aggregating or using information lawfully obtained from public records in a manner that does not otherwise violate this article.

Propose a change

40-12-506. 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 reporting agency may not charge a fee for placing, temporarily lifting or removing a security freeze if: (i) The consumer is a victim of identity theft as defined by W.S. 6-3-901; and (ii) The consumer provides the consumer reporting agency with a valid copy of a police report or police case number documenting the identity fraud.

Propose a change

40-12-507. 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 changes their information concerning the consumer's: (i) Name; (ii) Date of birth; (iii) Social security number; or (iv) Address. (b) Notwithstanding subsection (a) of this section, a consumer reporting agency may make technical modifications to information in a credit report that is subject to a security freeze without providing notification to the consumer. Technical modifications under this subsection include: (i) The addition or subtraction of abbreviations to names and addresses; and (ii) Transpositions or corrections of incorrect numbering or spelling. (c) When providing notice of a change of address under subsection (a) of this section, the consumer reporting agency shall provide notice to the consumer at both the new address and the former address.

Propose a change

40-12-508. 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 days following the agency's discovery, or notification from another source, of the release of the information. The notification under this paragraph shall include specificity as to the information released and the third party recipient of the information; (ii) Notification that the consumer may file a complaint with the federal trade commission and the state attorney general. (b) 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 and fails to take steps to correct the release and fails to give the notification required under subsection (a) of this section, the affected consumer is entitled to, in a civil action against the consumer reporting agency, recover: (i) Injunctive relief to prevent or restrain further violation of the security freeze; (ii) A civil penalty in an amount not to exceed one thousand dollars ($1,000.00) plus any damages available under other civil laws; and (iii) Reasonable expenses, court costs, investigative costs and attorney's fees. (c) Each violation of the security freeze shall be counted as a separate incident for purposes of imposing penalties under this section.

Propose a change

40-12-509. Factual declaration of innocence after identity theft.

(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 for an expedited judicial determination of his or her factual innocence, where the perpetrator of the identity theft was arrested for, cited for or convicted of a crime under the victim's identity, or where a criminal complaint has been filed against the perpetrator in the victim's name, or where the victim's identity has been mistakenly associated with a record of criminal conviction. Any judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports or other material, relevant and reliable information submitted by the parties or ordered to be part of the record by the court. Where the court determines that the petition or motion is meritorious and that there is no reasonable cause to believe that the victim committed the offense for which the perpetrator of the identity theft was arrested, cited, convicted or subject to a criminal complaint in the victim's name, or that the victim's identity has been mistakenly associated with a record of criminal conviction, the court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination. (b) After a court has issued a determination of factual innocence pursuant to subsection (a) of this section, the court may order the name and associated personal identifying information contained in court records, files and indexes accessible by the public deleted, sealed or labeled to show that the data is impersonated and does not reflect the defendant's identity. (c) Upon making a determination of factual innocence, the court shall provide the consumer written documentation of the order. (d) A court that has issued a determination of factual innocence pursuant to this section may at any time vacate that determination if the petition, or any information submitted in support of the petition, is found to contain any material misrepresentation or fraud. (e) The supreme court shall develop a form for use in issuing an order pursuant to this section. (f) The attorney general shall establish and maintain a data base of individuals who have been victims of identity theft and that have received determinations of factual innocence. The attorney general shall provide a victim of identity theft or his authorized representative access to the database in order to establish that the individual has been a victim of identity theft. Access to the database shall be limited to criminal justice agencies, victims of identity theft and individuals and agencies authorized by the victims. (g) The attorney general shall establish and maintain a toll free number to provide access to information under subsection (f) of this section. (h) In order for a victim of identity theft to be included in the database established pursuant to subsection (f) of this section, he shall submit to the attorney general a court order obtained pursuant to this section, a full set of fingerprints and any other information prescribed by the attorney general. (j) Upon receiving information pursuant to subsection (h) of this section, the attorney general shall verify the identity of the victim against any driver's license or other identification record maintained by the department of transportation, division of motor vehicles.

Propose a change

40-12-601. Unauthorized use of arrest photographs; penalty.

(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 shall remove any photograph and related name and personal information from all websites owned or controlled by that person without charging a fee within thirty (30) days of the date of a request to remove the photograph and information if the request: (i) Is made in writing; and (ii) Contains written documentation that all charges stemming from the arrest for which the photograph was made: (A) Were resolved through acquittal or otherwise without a conviction; or (B) Following conviction, were expunged or set aside pursuant to court order. (b) For purposes of this section, paper or electronic copies of official court records or law enforcement records constitute written documentation. (c) A person who violates subsection (a) of this section commits an unlawful practice under W.S. 40-12-105.

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40-12-701. Definitions.

(a) 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 possessor of residential real estate to repair or replace roof, siding or gutter systems; (iii) "Emergency repairs" includes only those repairs from exterior storm damage reasonably necessary to prevent immediate or imminent harm to a residential building until a consumer and contractor can contract for exterior storm damage repair pursuant to the provisions of this article; (iv) "Exterior storm damage" means damage caused by wind, hail or another weather-related event to the siding system, gutter system, roof system or window and skylight system of a residential building; (v) "Residential building" means a single or multiple family dwelling of up to four (4) units and ancillary buildings or structures, including farm and ranch structures, if any; (vi) "Roof system" includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation and roof insulation.

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40-12-702. 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 following information ?to the consumer: (i) The business name; (ii) Whether the contractor has general liability insurance and any licensure required by the authority having jurisdiction. (b) Beginning July 1, 2017, the contractor license or registration number for the jurisdiction in which an individual or other entity holds a contractor’s license, if the authority having jurisdiction requires such a license, shall appear in all contracts, bids and advertisements involving exterior storm damage repair services. (c) Contractors soliciting exterior storm damage repair services in this state shall not: ? (i) Pay, advertise or promise to pay or rebate all or any portion of any insurance deductible. Contractors may pay or rebate any discount available for the use of any goods or services; (ii) Pay any compensation directly or indirectly to any person associated with the property unless disclosed to the consumer in writing; (iii) Accept money or any form of compensation in exchange for allowing another contractor to use its business name or contractor’s license number for the purpose of misrepresenting a contractor's identity as a licensed contractor; (iv) Offer to exclusively represent, advertise to exclusively represent or require by contract the right to exclusively represent a consumer with respect to any insurance claim in connection with exterior storm damage repair services; or (v) Claim to be, or act as, an adjuster as defined in W.S. 26-1-102(a)(i) or an insurance consultant as defined in W.S. 26-9-220, with respect to any insurance claim.

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40-12-703. 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 information to the consumer: (i) A precise description and location of all damage claimed or included in the repair proposal; (ii) A detailed description and itemization of any emergency repairs already completed; and (iii) If damaged areas are excluded from the repair proposal, identification of those areas and any reasons for their exclusion. (b) The disclosures required under subsection (a) of this section shall be made in writing and shall be included in the repair proposal.

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40-12-704. 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).

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40-12-705. 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 which the contract was entered into or, if the services are to be paid directly by or on behalf of the consumer from the proceeds of a property or casualty insurance policy, within three (3) business days after the consumer has received notice in writing from the insurer that the claim has been denied, in whole or in part, whichever is later. Cancellation is evidenced by the consumer giving written notice of cancellation to the contractor at the address stated in the contract. Notice of cancellation may be in electronic form, effective the date of the electronic transmission or, if given by mail, is effective upon postmark, properly addressed to the contractor and postage prepaid. Written notice also may be given to the contractor by personal delivery. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the consumer not to be bound by the contract. (b) The consumer may waive the three (3) day cancellation period if the insurer has provided written notice that the claim has been approved. The waiver shall be in writing, signed by the consumer and accompanied by a copy of the insurer's notice of approval. (c) Before entering a contract referred to in subsection (a) of this section, the contractor shall: (i) Furnish the consumer with a statement in boldface type of a minimum size of twelve (12) points, in substantially the following form: "You may cancel this contract at any time within three (3) business days of the date on which the contract was entered into or within three (3) business days after you have been notified that your insurer has, in whole or in part, denied your claim to pay for the goods and services to be provided under this contract, whichever is later. See attached notice of cancellation form for an explanation of this right. You may waive this right if your insurer has provided written notice that your claim has been approved. The waiver must be in writing, signed by you and accompanied by a copy of the insurer's notice of approval."; and (ii) Furnish each consumer a fully completed form captioned, "NOTICE OF CANCELLATION," which shall be attached to or accompany the contract and which shall contain in boldface type of a minimum size of twelve (12) points the following information and statements: "NOTICE OF CANCELLATION You may cancel this contract within three (3) business days from when it is entered into for any reason or, if your insurer in whole or in part denies your claim to pay for goods and services to be provided under this contract, you may cancel the contract by mailing or delivering (including via electronic transmission) a signed and dated copy of this cancellation notice or any other written notice-to (name of contractor) at (address of contractor's place of business, e-mail address and facsimile number if applicable) at any time within three (3) business days of the date on which the contract was entered into or within three (3) business days after you have been notified that your claim has been denied in whole or in part, whichever is later. Notice of cancelation, if in electronic form, is effective the date of the electronic transmission or, if given by mail, is effective upon postmark, properly addressed to the contractor and postage prepaid. If you cancel, any payments made by you under the contract will be returned within three (3) business days following receipt by the contractor of your cancellation notice. I HEREBY CANCEL THIS TRANSACTION. ...... (date) ..... (Consumer's signature)" (d) Within three (3) days after a contract referred to in subsection (a) of this section has been cancelled, the contractor shall tender to the consumer any payments made by the consumer and any note or other evidence of indebtedness. If the contractor has performed any emergency repair, the contractor is entitled to separately bill the consumer for such services if the consumer has received a detailed description and itemization of charges for those services.

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40-12-706. 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.

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40-13-101. Short title.

This act may be cited as the "Protection of Copyright Users Act".

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40-13-102. Definitions.

(a) The following words, terms and phrases, when used in this act, shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning: (i) "Blanket license" includes any device or contract whereby public performance of musical compositions for profit is authorized of combined copyrights of two (2) or more owners; (ii) "Blanket royalty or fee" includes any device or contract whereby prices for performing rights of musical compositions are not based upon the performance of individual copyrights; (iii) "Composition" includes any and all musical, instrumental or vocal, compositions, which may be transcribed and reproduced by mechanical, electronic, magnetic means or devices, or any method now known or later developed; (iv) "Copyright" means the exclusive rights and privileges provided for under the constitution of the United States and federal copyright laws; (v) "Music licensing agency" means and includes any person, corporation or any association, society, partnership, union, or other organization of two (2) or more copyright owners or proprietors, which has or claims the exclusive or nonexclusive authority to issue, grant or to contract for, performing rights licenses for two (2) or more copyright owners. When two (2) or more copyright owners or proprietors are represented by the same agent or representative, this agent or representative shall be deemed to be a "music licensing agency"; (vi) "Performing rights" means "public performance for profit" of musical compositions; (vii) "Person" means any individual, resident or nonresident of this state, and every domestic or foreign or alien partnership, society, association, corporation, or other organization; (viii) "User" means any person, who, directly or indirectly, performs, or causes to be performed, musical compositions for profit.

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40-13-103. Licensing requirements.

(a) No music licensing agency and no copyright owner who is a member of such music licensing agency or who licenses the performing rights to his music through a music licensing agency shall license the use of, or in any manner whatsoever dispose of, in this state, the performing rights in or to any musical composition which has been copyrighted, and is the subject of a valid existing copyright under the laws of the United States or collect any compensation on account of any sale, license or other disposition, unless such music licensing agency and each copyright owner shall: (i) File annually with the secretary of state in duplicate a certified copy of each performing rights contract or license agreement made available from such music licensing agency or copyright owner to any user within the state; (ii) Issue, upon request, licenses of performing rights of the compositions in the repertory of the music licensing agency to a radio broadcasting network, telecasting network or music service, on terms which authorize the simultaneous and delayed performance by broadcasting or telecasting or simultaneous performance by music service as the case may be, by some or all of the stations in this state affiliated with such radio or television network or by some or all subscriber outlets in this state affiliated with any music service without requiring a separate license for such station or subscriber for such performance.

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40-13-104. Discrimination prohibited.

All groups and persons affected by this act are prohibited from discriminating against the citizens of this state by charging higher and more inequitable rates for music licenses in this state than in other states.

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40-13-105. Licenses and fees; choices.

The licenses and fees made available pursuant to this article shall provide users with genuine economic choices between the various licenses and fees provided for application within the state of Wyoming.

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40-13-106. Time for filing contracts and licenses; filing fee.

The contracts and licenses required by this article shall be filed with the secretary of state. A filing fee of five dollars ($5.00) shall be paid to the secretary of state at the time of each filing.

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40-13-107. Blanket license fees.

Charges and fees under any blanket license for a blanket royalty or fee shall be valid and enforceable only to the extent that the music licensing agency shall have complied with the provisions of this act.

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40-13-108. Doing business defined; amenability to process; service on nonresidents.

(a) All persons, groups, corporations, associations, foreign or domestic, subject to this act shall be deemed to be doing business within this state and amenable to the process of the courts of the state of Wyoming when: (i) Any such persons, combinations or groups have been issued licenses, either from within or from without the state, for the privilege of using commercially and publicly any copyrighted work or works pooled in a common group or entity; (ii) When any of the functions of the entity, organization, pool or combines, have been performed in this state. (b) If such owners of copyrights comply with the provisions of this act they shall be granted the privilege of conducting business within this state in a legal manner, and may invoke the benefits of the state government and its political subdivisions in their behalf, using all of the privileges available to the citizens of this state. Use of such privileges shall be deemed to be an acceptance of the provisions of this act. (c) The acceptance by such persons of the rights and privileges conferred by the law of this state to any of its citizens shall be deemed equivalent to and construed to be an appointment by such nonresidents of the secretary of state of the state of Wyoming to be their true and lawful attorney upon whom may be served all summons and processes growing out of a violation of this act. Service of such summons or process shall be made by leaving a copy with a fee of five dollars ($5.00) with the secretary of state of Wyoming, or in his office. Such service shall be sufficient and valid personal service upon any such nonresident defendant, copyright holder or owner, persons or defendants, combination, entity or organization. Notice of such service and a copy of the summons or process shall be forthwith sent by registered mail requiring personal delivery, by the prosecutor bringing any action under this chapter, to any defendant at his last known address, and the defendant's return receipt and the prosecutor's affidavit of compliance herewith are appended to the process and entered as a part of the return. The secretary of state shall keep a record of all such summons and process which shall show the day and time of service.

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40-13-109. Injunction.

In the event any person, or groups of persons, or any combination, refuse to comply with the provisions of this act, then the county attorney for any county or the attorney general upon complaint of any violation, may institute injunction proceedings against the persons in the district court. The court may enjoin all persons from violating the provisions of this act and the constitutional provisions prohibiting price fixing, monopolies and combinations.

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40-13-110. Right to sue; limitation; damages.

Any person in this state who is injured in his business or property or aggrieved by reason of any violation of this act may sue therefor within six (6) years of said violation in the district court in the county in which the violation or any part thereof took place, to recover any damages sustained as a result of the violation of the terms of this act, and shall be entitled to recover his costs, including reasonable attorney's fees. The court may in its discretion increase the award of damages to an amount not to exceed three (3) times the actual damages sustained.

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40-13-111. Existing contracts not affected.

No blanket license or contract in existence with a user in the state of Wyoming at the time of the passage of this act shall be affected by this act.

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40-13-112. Special appearances deemed general.

In the event any person, or any defendant is proceeded against as herein outlined, and is served with process according to law, appears in any proceeding by counsel or otherwise, or institutes any special proceeding attacking such proceeding, or makes any motion therein, either special or general, or appears to obtain the judgment of the court solely upon the sufficiency of the service of process, or upon any phase or particularity of the injunction proceedings, such special proceeding or appearance, or motion, or appearance shall be deemed as a general appearance.

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40-13-113. Penalty for violations.

A person or music licensing agency who violates this act is guilty of a high misdemeanor and upon conviction is punishable for each violation by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment in the state prison for a period of one (1) year, or both.

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40-13-201. Definitions.

(a) As used in W.S. 40-13-201 through 40-13-206: (i) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing sounds on phonograph records, discs, tapes, films or other articles upon which sound is recorded and from which the transferred recorded sounds are directly derived; (ii) "Performer" means any person appearing in a performance.

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40-13-202. Prohibited acts.

(a) No person shall: (i) Knowingly and without the consent of the owner, transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or to cause to be sold for profit or used to promote the sale of any product, the article on which the sounds are transferred; or (ii) Knowingly and without the consent of the performer or his agent, transfer to or cause to be transferred to any phonograph record, disc, wire, tape, film or other article, any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with intent to sell or to cause to be sold for profit or used to promote the sale of any product, the article on which the performance is transferred.

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40-13-203. Forfeiture and destruction.

Any article produced in violation of W.S. 40-13-202 and any equipment or components used in producing the article is subject to forfeiture to and destruction by law enforcement agencies.

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40-13-204. Additional prohibited act; evidence.

No person shall knowingly or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, distribute or possess any article which has been produced without the consent of the owner or performer. Possession of five (5) or more duplicate copies or twenty (20) or more individual copies of recorded articles produced without the consent of the owner or performer is prima facie evidence that the devices are intended for sale or distribution in violation of this section.

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40-13-205. Penalty.

(a) Any person who violates any portion of W.S. 40-13-202 is guilty of a felony and shall be imprisoned in the state penitentiary for not less than one (1) year nor more than two (2) years or fined not more than ten thousand dollars ($10,000.00), or both. Each violation is a separate offense. (b) Any person who violates the provisions of W.S. 40-13-204 is guilty of a misdemeanor and shall be imprisoned in the county jail for not more than one (1) year or fined not more than ten thousand dollars ($10,000.00), or both. Each violation is a separate offense.

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40-13-206. Exceptions.

(a) W.S. 40-13-201 through 40-13-206 do not apply to: (i) Any broadcaster who, in connection with or as part of a radio, television or cable broadcast transmission or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording; (ii) Any person who transfers such sounds in the home, for personal use and without compensation for the transfer; (iii) The transfer of sounds or possession of duplicate copies within an educational institution, solely for educational purposes; or (iv) Any common carrier whose services or facilities are merely contracted for and used by another for the purpose of transferring sound.

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40-13-301. Definitions.

(a) As used in this act: (i) "Copyright owner" means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. § 101 et seq.). "Copyright owner" shall not include the owner of a copyright in a motion picture or audiovisual work or in part of a motion picture or audiovisual work; (ii) "Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI) and SESAC, Inc.; (iii) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern or any other place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast or otherwise transmitted; (iv) "Royalty" or "royalties" means the fees payable to a performing rights society for public performance rights; (v) "This act" means W.S. 40-13-301 through 40-13-305.

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40-13-302. Information required to be provided regarding royalty contracts; contract requirements.

(a) No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides to the proprietor, in writing the following: (i) A schedule of the rates and terms of royalties under the contract; (ii) Upon request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the society; (iii) Notice that it will make available, upon written request of any proprietor or bona fide trade association representing groups of proprietors, at the sole expense of the proprietor or bona fide trade association representing groups of proprietors, by electronic means or otherwise, the most current available listing of the copyrighted musical works in such performing rights society's repertory. The notice shall specify the means by which the information can be secured; (iv) Notice that the performing rights society has a toll free telephone number which can be used to answer inquiries of a proprietor regarding specific musical works and the copyright owners represented by that performing rights society; and (v) Notice that it complies with federal law and orders of courts having appropriate jurisdiction regarding the rates and terms of royalties and the circumstances under which licenses for rights for public performances are offered to any proprietor. (b) Every contract between a performing rights society and proprietor for the payment of royalties executed, issued or renewed in this state on or after July 1, 1996 shall: (i) Be in writing; (ii) Be signed by the parties; and (iii) Include at least the following information: (A) The proprietor's name and business address and the name and location of each place of business to which the contract applies; (B) The name and address of the performing rights society; (C) The duration of the contract; and (D) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.

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40-13-303. Restrictions.

(a) No performing rights society or any agent or employee thereof shall: (i) With respect to a contract executed, issued or renewed on or after July 1, 1996, collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this act; (ii) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees and disclosing that the agent is acting on behalf of the performing rights society and disclosing the purposes of the discussion.

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40-13-304. Civil actions.

Any person who suffers a violation of this act may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.

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40-13-305. Applicability.

This act shall not apply to contracts between performing rights societies and broadcasters licensed by the federal communications commission or to contracts with cable operators, programmers or other transmission services. This act also shall not apply to investigations conducted by law enforcement agencies. Part 1. Short Title, Construction, General Provisions

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40-14-101. Short title.

This act shall be known and may be cited as "Wyoming Uniform Consumer Credit Code."

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40-14-102. Purposes; rules of construction.

(a) This act shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this act are: (i) To simplify, clarify and modernize the law governing retail installment sales, consumer credit, small loans and usury; (ii) To provide rate ceilings to assure an adequate supply of credit to consumers; (iii) To further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost; (iv) To protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors; (v) To permit and encourage the development of fair and economically sound consumer credit practices; (vi) To conform the regulation of consumer credit transactions to the policies of the federal Consumer Credit Protection Act; and (vii) To make uniform the law, including administrative rules, among the various jurisdictions. (c) A reference to a requirement imposed by this act includes reference to a related rule of the administrator adopted pursuant to this act.

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40-14-103. Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement its provisions.

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