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

40-14-351. Repealed by Laws 2021, ch. 14, § 3.

Repealed by Laws 2021, ch. 14, § 3.

Propose a change

40-14-352. Repealed by Laws 2021, ch. 14, § 3.

Repealed by Laws 2021, ch. 14, § 3.

Propose a change

40-14-353. Repealed by Laws 2021, ch. 14, § 3.

Part 6. Loans Other Than Consumer Loans

Propose a change

40-14-354. Loans subject to provisions by agreement of parties.

The parties to a loan other than a consumer loan may agree in a writing signed by the parties that the loan is subject to the provisions of this act applying to consumer loans. If the parties so agree, the loan is a consumer loan for the purposes of this act.

Propose a change

40-14-355. Repealed by Laws 2021, ch. 14, § 3.

Repealed by Laws 2021, ch. 14, § 3.

Propose a change

40-14-356. Repealed by Laws 2021, ch. 14, § 3.

Repealed by Laws 2021, ch. 14, § 3.

Propose a change

40-14-357. Repealed by Laws 2021, ch. 14, § 3.

Repealed by Laws 2021, ch. 14, § 3.

Propose a change

40-14-358. Repealed by Laws 2021, ch. 14, § 3.

Part 7. Pawnshop Operations

Propose a change

40-14-359. Definitions; application.

(a) As used in W.S. 40-14-359 through 40-14-361: (i) "Pawnbroker" means a person licensed pursuant to W.S. 40-14-634 to engage in the business of making pawn transactions; (ii) "Pawn finance charge" means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker as an incident of the pawn transactions; (iii) "Pawn transaction" means the act of lending money on the security of pledged tangible personal property, or the act of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) W.S. 40-14-359 through 40-14-361 shall not supersede the rights of cities, towns and counties to regulate and license pawnshops in any fashion consistent with this act. The rights of cities, towns and counties to regulate pawn finance charges and maturities are preempted.

Propose a change

40-14-360. Pawn finance charge; limits on amount financed and terms; minimum pawn finance charge.

(a) No pawnbroker may contract for, charge or receive any amount as a charge in connection with a pawn transaction other than a pawn finance charge. No pawn finance charge shall exceed twenty percent (20%) per month on the unpaid principal balance of the pawn transaction. (b) The amount financed in any one (1) pawn transaction to any one (1) customer shall not exceed three thousand dollars ($3,000.00). (c) The maturity date of a pawn transaction shall be one (1) calendar month. The period shall expire on the same date in the succeeding month if there is such a date, otherwise on the last day of the succeeding month. If the expiration date is not a business day, the period expires on the next business day. (d) Pawn finance charges are fully earned on the day the loan is made. (e) Pawn transactions may be renewed from month to month without additional disclosures provided: (i) There is no change in the original terms; and (ii) Pawn finance charges are not compounded. (f) Notwithstanding subsection (a) of this section, the lender may contract for and receive a minimum pawn finance charge of not more than five dollars ($5.00).

Propose a change

40-14-361. Limitation on agreement and practices.

(a) No pawnbroker shall make an agreement requiring the personal liability of a customer in connection with a pawn transaction. No customer may be required to redeem pledged goods or make any payment on a pawn transaction. The sole remedy of a pawnbroker for nonpayment of a loan by a customer or failure to redeem or repurchase tangible personal property by a customer in a pawn transaction is the right to title of the pledged tangible personal property. (b) Pawnbrokers shall not make any charge for insurance in connection with a pawn transaction. (c) Pawnbrokers shall post in a conspicuous place on their premises a schedule of business days and hours during which pawn transactions may be redeemed. Part 8. Post‑dated Check Cashing

Propose a change

40-14-362. Definitions.

(a) As used in W.S. 40-14-362 through 40-14-367: (i) "Post-dated check or similar arrangement" means the act of lending money in which a check or draft is dated on a date subsequent to the date it was written or dated on the date written but held for any period of days prior to deposit or presentment due to the check casher's agreement with or representations to a debtor, whether express or implied; (ii) "Post-dated check casher" means a person engaged in the business of lending money by means of post-dated check transactions or similar arrangements.

Propose a change

40-14-363. License required; post-dated check finance

charge; limits on amount financed and terms; minimum finance charge. (a) No person shall engage in business as a post-dated check casher in this state unless licensed in accordance with W.S. 40-14-634. No post-dated check casher may contract for, charge or receive any amount as a charge in connection with a post-dated check or similar arrangement other than a post-dated check finance charge as stated in this subsection. No post-dated check finance charge shall exceed the greater of thirty dollars ($30.00) or twenty percent (20%) per month on the principal balance of the post-dated check or similar arrangement. (b) The maximum term of any post-dated check or similar arrangement subject to this part shall be one (1) calendar month. Extended payment plans under W.S. 40-14-366 are not subject to this subsection. (c) Post-dated check finance charges are fully earned on the day the post-dated check or similar arrangement is made.

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40-14-364. Limitation on multiple agreements.

No post-dated check or similar arrangement shall be repaid, refinanced or otherwise consolidated by proceeds of another post-dated check or similar arrangement accepted by the same post-dated check casher.

Propose a change

40-14-365. Right to rescind.

(a) A post-dated check or similar arrangement with a post-dated check casher may be rescinded by the consumer on or before 5:00 p.m. Mountain Time of the following business day, provided that the consumer returns to the post-dated check casher in cash or certified funds the full original amount of funds advanced. A rescission under this section shall be at no cost to the consumer. (b) Information regarding how to exercise the right to rescind shall be provided in writing to the consumer at the consummation of every post-dated check or similar arrangement. Part 9. Violations

Propose a change

40-14-366. Extended payment plan; terms and conditions.

(a) Subject to the terms and conditions of this section, a consumer who is unable to repay a post-dated check or similar arrangement when due may elect once every twelve (12) months to repay the post-dated check or similar arrangement by means of an extended payment plan. The twelve (12) month period shall be measured from the date the consumer pays in full one extended payment plan with the post-dated check casher until the date that the consumer enters into another extended payment plan with the post-dated check casher. (b) To request an extended payment plan, the consumer, before 5:00 p.m. Mountain Time on the last business day before the due date of the outstanding post-dated check or similar arrangement, shall request the plan and sign an amendment to the original agreement which memorializes the plan's terms. (c) The extended payment plan's terms shall allow the consumer to repay the outstanding post-dated check or similar arrangement including any fee due in at least four (4) substantially equal installments and over a time period of at least sixty (60) days. Each plan installment shall be due on or after a date on which the consumer receives regular income, or if the consumer has no regular income due dates shall be a minimum of two (2) weeks between installments. The consumer may prepay an extended payment plan in full at any time without penalty. As long as the consumer complies with the terms of the extended payment plan, the plan shall be at no additional cost to the consumer and the post-dated check casher shall not charge the consumer any interest or additional fees during the term of the extended payment plan. The post-dated check casher may, with each payment under the plan by a consumer, provide for the return of the consumer's prior held check and require a new check for the remaining balance under the plan. (d) If the consumer fails to pay any extended payment plan installment when due, the consumer shall be in default of the payment plan and the post-dated check casher immediately may accelerate payment on the remaining balance and take action to collect all amounts due. Upon default, notwithstanding W.S. 40-14-363(a), the post-dated check casher may charge the consumer interest on the outstanding balance at an annual rate equal to six percent (6%) plus the prime rate as listed in the Wall Street Journal on January 1 of the year in which the consumer defaults.

Propose a change

40-14-367. Notification.

(a) A post-dated check casher shall provide the following written notice with each post-dated check or similar arrangement and obtain the signature of the consumer at least annually indicating receipt of the notice: NOTICE 1. STATE LAW PROHIBITS A POST-DATED CHECK OR SIMILAR ARRANGEMENT FROM BEING REPAID, REFINANCED OR OTHERWISE CONSOLIDATED BY PROCEEDS OF ANOTHER POST-DATED CHECK OR SIMILAR ARRANGEMENT ACCEPTED BY THE SAME POST-DATED CHECK CASHER. 2. POST-DATED CHECK ADVANCES SHOULD BE USED FOR SHORT-TERM FINANCIAL NEEDS ONLY, NOT AS A LONG-TERM FINANCIAL SOLUTION. CUSTOMERS WITH CREDIT DIFFICULTIES SHOULD SEEK CREDIT COUNSELING.

Propose a change

40-14-368. Violations.

The administrator is authorized to enforce an appropriate remedy, penalty, action or license revocation or suspension, as provided in articles 5 and 6 of this chapter, against a person licensed under the act for a violation of 10 U.S.C. § 987, or any regulation promulgated thereunder. Part 1. In General

Propose a change

40-14-401. Short title.

This article shall be known and may be cited as "Uniform Consumer Credit Code-Insurance."

Propose a change

40-14-402. Scope.

(a) Except as provided in subsections (b) and (d) of this section, this article applies to insurance provided or to be provided in relation to a consumer credit sale (W.S. 40-14-204), a consumer lease (W.S. 40-14-206) or a consumer loan (W.S. 40-14-304). (b) The provision on cancellation by a creditor (W.S. 40-14-453) applies to loans the primary purpose of which is the financing of insurance. No other provision of this article applies to insurance so financed. (c) This article supplements and does not repeal W.S. 26-21-101 through 26-22-101. The provisions of this act concerning administrative controls, liabilities, and penalties do not apply to persons acting as insurers, and the similar provisions of W.S. 26-21-101 through 26-21-114 and 26-23-201 do not apply to creditors and debtors. (d) W.S. 40-14-454 applies to insurance and other products that provide protection to a consumer and that terminate upon prepayment, default or other circumstances that end an agreement, including guaranteed asset protection waivers and debt cancellation contracts.

Propose a change

40-14-403. Definitions.

(a) In this act: (i) "Consumer credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include: (A) Insurance provided in relation to a credit transaction in which a payment is scheduled more than ten (10) years after the extension of credit; (B) Insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring debtors of the creditor; or (C) Insurance indemnifying the creditor against loss due to the debtor's default. (ii) "Credit Insurance Act" means W.S. 26-21-101 through 26-21-114 and 26-23-201.

Propose a change

40-14-404. Creditor's provision of and charge for insurance; excess amount of charge.

(a) Except as otherwise provided in this article and subject to the provisions on additional charges (W.S. 40-14-213 and 40-14-311) and maximum charges (part 2 of article 2 and article 3), a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This act does not authorize the issuance of any insurance prohibited under any statute, or rule thereunder, governing the business of insurance. (b) The excess amount of a charge for insurance provided for in agreements in violation of this article is an excess charge for the purposes of the provisions of the article on remedies and penalties (article 5) as to effect of violations on rights of parties (W.S. 40-14-521) and of the provisions of the article on administration (article 6) as to civil actions by the administrator (W.S. 40-14-613).

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40-14-405. Conditions applying to insurance to be provided by creditor.

(a) If a creditor agrees with a debtor to provide insurance: (i) The insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor, or sent to him at his address as stated by him, within thirty (30) days after the term of the insurance commences under the agreement between the creditor and debtor; or (ii) The creditor shall promptly notify the debtor of any failure or delay in providing the insurance.

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40-14-406. Unconscionability.

(a) In applying the provisions of this act on unconscionability (W.S. 40-14-508 and 40-14-611) to a separate charge for insurance, consideration shall be given, among other factors, to: (i) Potential benefits to the debtor including the satisfaction of his obligations; (ii) The creditor's need for the protection provided by the insurance; and (iii) The relation between the amount and terms of credit granted and the insurance benefits provided. (b) If consumer credit insurance otherwise complies with this article and other applicable law, neither the amount nor the term of the insurance nor the amount of a charge therefor is in itself unconscionable.

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40-14-407. Maximum charge by creditor for insurance.

(a) Except as provided in subsection (b) of this section, if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor is determined, conforming to any rate filings required by law and made by the insurer with the commissioner of insurance. (b) A creditor who provides consumer credit insurance in relation to a revolving charge account (W.S. 40-14-208) or revolving loan account (W.S. 40-14-308) may calculate the charge to the debtor in each billing cycle by applying the current premium rate to: (i) The average daily unpaid balance of the debt in the cycle; (ii) The unpaid balance of the debt or a median amount within a specified range of unpaid balances of debt on approximately the same day of the cycle. The day of the cycle need not be the day used in calculating the credit service charge (W.S. 40-14-218) or loan finance charge (W.S. 40-14-310), but the specified range shall be the range used for that purpose; or (iii) The unpaid balances of principal calculated according to the actuarial method.

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40-14-408. Refund or credit required; amount.

(a) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account. (b) This article does not require a creditor to grant a refund or credit to the debtor if all refunds and credits due to the debtor under this article amount to less than one dollar ($1.00), and except as provided in subsection (a) of this section does not require the creditor to account to the debtor for any portion of a separate charge for insurance because: (i) The insurance is terminated by performance of the insurer's obligation; (ii) The creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or (iii) The creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law. (c) Except as provided in subsection (b) of this section, the creditor shall promptly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him for insurance if: (i) The insurance is not provided or is provided for a shorter term than that for which the charge to the debtor for insurance was computed; or (ii) The insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise. (d) A refund or credit required by subsection (c) of this section is appropriate as to amount if it is computed according to a method prescribed or approved by the commissioner of insurance or a formula filed by the insurer with the commissioner of insurance at least thirty (30) days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the commissioner of insurance notifies the insurer that he disapproves it.

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40-14-409. Existing insurance; choice of insurer.

If a creditor requires insurance, upon notice to the creditor the debtor shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained and paid for by the debtor, but the creditor may for reasonable cause decline the insurance provided by the debtor. The creditor shall promptly notify the debtor of his rights under this section.

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40-14-410. Charge for insurance in connection with a deferral, refinancing, or consolidation; duplicate charges.

(a) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (W.S. 40-14-215 or 40-14-313), a refinancing (W.S. 40-14-216 or 40-14-314), or a consolidation (W.S. 40-14-217 or 40-14-315), unless: (i) The debtor agrees at or before the time of the deferral, refinancing, or consolidation that the charge may be made; (ii) The debtor is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no deferral, refinancing, or consolidation; (iii) The debtor receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (W.S. 40-14-408); and (iv) The charge does not exceed the amount permitted by this article (W.S. 40-14-407). (b) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.

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40-14-411. Cooperation between administrator and commissioner of insurance.

The administrator and the commissioner of insurance are authorized and directed to consult and assist one another in maintaining compliance with this article. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the action. If the administrator is informed of a violation or suspected violation by an insurer of this article, or of the insurance laws, rules, and regulations of this state, he shall advise the commissioner of insurance of the circumstances.

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40-14-412. Administrative action of commissioner of insurance.

The Wyoming Administrative Procedure Act applies to and governs all administrative action taken by the commissioner of insurance pursuant to this section. Part 2. Consumer Credit Insurance

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40-14-430. Term of insurance.

(a) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies for the insurance, whichever is later, except as follows: (i) If any required evidence of insurability is not furnished until more than thirty (30) days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or (ii) If the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy. (b) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt except as follows: (i) If the insurance relates to a revolving charge account or revolving loan account, the term need extend only until the payment of the debt under the account and may be sooner terminated after at least thirty (30) days notice to the debtor; or (ii) If the debtor is advised in writing that the insurance will be written for a specified shorter time, the term need extend only until the end of the specified time. (c) The term of the insurance shall not extend more than fifteen (15) days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the debtor or as an incident to a deferral, refinancing, or consolidation.

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40-14-431. Amount of insurance.

(a) Except as provided in subsection (b) of this section: (i) In the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt; or (ii) In the case of any other consumer credit insurance, the total amount of periodic benefits payable may not exceed the total of scheduled unpaid installments of the debt, and the amount of any periodic benefit may not exceed the original amount of debt divided by the number of periodic installments in which it is payable. (b) If consumer credit insurance is provided in connection with a revolving charge account or revolving loan account, the amounts payable as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. If consumer credit insurance is provided in connection with a commitment to grant credit in the future, the amounts payable as insurance benefits may be reasonably commensurate with the total from time to time of the amount of debt and the amount of the commitment.

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40-14-432. Filing and approval of rates and forms.

(a) A creditor may not use a form or a schedule of premium rates or charges, the filing of which is required by this section, if the commissioner of insurance has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor may not use a form or schedule unless: (i) The form or schedule has been on file with the commissioner of insurance for thirty (30) days, or has earlier been approved by him; and (ii) The insurer has complied with this section with respect to the insurance. (b) Except as provided in subsection (c) of this section, all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders relating to consumer credit insurance delivered or issued for delivery in this state, and the schedules of premium rates or charges pertaining thereto, shall be filed by the insurer with the commissioner of insurance. Within thirty (30) days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are unreasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable, or deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Insurance Code or of any rule or regulation promulgated thereunder. (c) If a group policy has been delivered in another state, the forms to be filed by the insurer with the commissioner of insurance are the group certificates and notices of proposed insurance. He shall approve them if: (i) They provide the information that would be required if the group policy were delivered in this state; and (ii) The applicable premium rates or charges do not exceed those established by his rules or regulations. Part 3. Property and Liability Insurance

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40-14-450. Property insurance.

(a) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless: (i) The insurance covers a substantial risk of loss of or damage to property related to the credit transaction; (ii) The amount, terms, and conditions of the insurance are reasonable in relation to the character and value of the property insured or to be insured; and (iii) The term of the insurance is reasonable in relation to the terms of credit. (b) The term of the insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity. (c) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless the amount financed or principal exclusive of changes for the insurance is three hundred dollars ($300.00) or more, and the value of the property is three hundred dollars ($300.00) or more.

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40-14-451. Risk of loss or damage.

If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, even though the insurance covers only the interest of the creditor.

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40-14-452. Liability insurance.

A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction.

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40-14-453. Cancellation by creditor.

A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor's default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delivered to the debtor or mailed to him at his address as stated by him. The notice shall state that the policy may be cancelled on a date not less than ten (10) days after the notice is delivered, or, if the notice is mailed, not less than thirteen (13) days after it is mailed. Part 4. Refund of Certain Credit Insurance Products

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40-14-454. Refund of certain credit insurance products upon prepayment; method.

(a) Not later than sixty (60) days after termination of a consumer credit sale or consumer loan, a creditor shall facilitate any refund or credit otherwise required by law for insurance or other loan products that provide protection to a consumer and cease when termination of the credit transaction occurs, including guaranteed asset protection waivers and debt cancellation contracts. The duty to facilitate a refund or credit under this subsection shall also apply to voluntary cancellation of insurance or other products by a consumer. As used in this subsection: (i) "Creditor" means the person to whom payment is due at the time of termination; (ii) "Termination" includes prepayment, default or other circumstances that end an agreement. (b) Unless otherwise provided by law, any required refund or credit made under subsection (a) of this section shall be calculated on a pro rata basis or on an alternative basis that reflects the remaining risk if authorized and defined by rule of the administrator. Part 1. Limitations on Creditors' Remedies

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40-14-501. Short title.

This article shall be known and may be cited as "Uniform Consumer Credit Code-Remedies and Penalties."

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40-14-502. Scope.

This part applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, and consumer loans; and, in addition, to extortionate extensions of credit (W.S. 40-14-507).

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