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Wyoming Deceptive Trade Practices Laws

Wyoming has adopted the Uniform Deceptive Trade Practices Act (“Act”).  The provisions of the Act are stated in Wyoming Consumer Protection Act (“CPA”).  CPA is stated in Wyoming Statutes, Titles 40, Chapter 12.

Section 40-12-105 prohibits false advertising.  Under Section 40-12-106 the Attorney General can bring an action on behalf of the state upon information about a violation. Section 40-12-108 permits both private individual action, and class action against deceptive trade practices.

Remedies available under Section 40-12-108 are actual damages, and attorney fees.  Under Section 40-12-106, injunction, and actual damages are awarded.  Under Section 40-12-111, if the victim is a disabled person, or is above 60 years, the violator will have to pay a fine of $15000 per violation apart from restitution, attorney fees, and costs.

Under Section 31-16-119 of the Motor Vehicles Code, tampering the odometer with an intention to misrepresent the number of miles in the meter is forbidden.  Under Section 31-16-123 the aggrieved party can recover cost and attorney fees in an action for odometer tampering.

Wyo. Stat. § 40-12-105 reads in part:

“§ 40-12-105.  Unlawful practices.
  (a) A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly:
   (i) Represents that merchandise has a source, origin, sponsorship, approval, accessories or uses it does not have;
   (ii) Represents that he has a sponsorship, approval or affiliation he does not have;
   (iii) Represents that merchandise is of a particular standard, grade, style or model, if it is not;
   (iv) Represents that merchandise is available to the consumer for a reason that does not exist;
   (v) Represents that merchandise has been supplied in accordance with a previous representation, if it has not; except that this subsection does not apply to merchandise supplied to the recipient by mistake or merchandise of equal or greater value supplied as a reasonably equivalent substitute for unavailable merchandise previously ordered by the recipient;”

Wyo. Stat. § 40-12-108 reads:
“§ 40-12-108.  Private remedies.
  (a) A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice.
(b) Any person who is entitled to bring an action under subsection (a) of this section on his own behalf against an alleged violator of this act for damages for an unlawful deceptive trade practice may bring a class action against such person on behalf of any class of persons of which he is a member and which has been damaged by such unlawful deceptive trade practice, subject to and pursuant to the Wyoming Rules of Civil Procedure governing class actions, except as herein expressly provided. If the court determines that actual damages have been suffered by reason of the unlawful deceptive trade practice, the court shall award reasonable attorney’s fees to the plaintiffs in a class action under this subsection, provided that such fees shall be determined by the amount of time reasonably expended by the attorney for the plaintiffs and not by the amount of the judgment. Any monies or property recovered in a class action under this subsection which cannot, with due diligence, be restored to consumers within one (1) year after judgment becomes final shall be returned to the party depositing the same.”

Inside Wyoming Deceptive Trade Practices Laws