reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-205 - Prize Award Required; Options if Prize Not Available.

40-12-205. Prize award required; options if prize not available.
(a) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one (1) of the following items selected by the individual:
(i) Any other prize listed in the written prize notice that is available and that is of equal or greater value;
(ii) The verifiable retail value of the prize in the form of cash, a money order or a certified check;
(iii) A voucher, certificate or other evidence of obligation stating that the prize will be shipped to the individual within thirty (30) days at no cost to the individual.
(b) If a voucher, certificate or other evidence of obligation delivered under paragraph (a)(iii) of this section is not honored within thirty (30) days, the solicitor shall deliver to the individual the verifiable retail value of the prize in the form of cash, a money order or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-206 - Penalties.

40-12-206. Penalties.
(a) Except as provided by subsection (b) of this section, any individual who violates this article is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both, for each violation.
(b) Whoever intentionally violates this article is guilty of a misdemeanor punishable by a fine of not more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both. A person intentionally violates this article if the violation occurs after the attorney general or a district attorney has notified the person by certified mail that the person is in violation of this article.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-207 - Enforcement.

40-12-207. Enforcement.
(a) The attorney general shall investigate violations of this article.
(b) The attorney general or any district attorney may on behalf of the state:
(i) Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this article. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this article if proof of the loss is submitted to the satisfaction of the court;
(ii) Bring an action in any court of competent jurisdiction for the penalties authorized under W.S. 40-12-206.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-208 - Private Action.

40-12-208. Private action.
(a) In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this article may bring an action in any court of competent jurisdiction and shall recover all of the following:
(i) The greater of five hundred dollars ($500.00) or twice the amount of the pecuniary loss;
(ii) Costs and reasonable attorney fees.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-209 - Exemptions.

40-12-209. Exemptions.
The provisions of this article shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, video cassettes, periodicals and similar goods through a membership group or club which is regulated by the federal trade commission through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive the goods and the recipient of the goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods or unused portion thereof, upon return of the undamaged goods or unused portion of the goods.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 3 - Telephone Solicitation › Section 40-12-302 - Telephone Solicitations.

40-12-302. Telephone solicitations.
(a) Any telephone solicitor or merchant who makes an unsolicited telephonic sales call to a residential or mobile telephone number shall disclose at the outset of the conversation and in a clear and conspicuous manner to the person receiving the call, the following information:
(i) The name of the individual caller;
(ii) The identity of the telephone solicitor or merchant and a telephone number and address at which the telephone solicitor or merchant may be contacted;
(iii) That the purpose of the call is to sell consumer goods or services; and
(iv) The nature of the consumer goods or services.
(b) No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number more than sixty (60) days after the number for that telephone appears in the national do-not-call list. This subsection does not apply to any person who calls an actual or prospective seller or lessor of real property when the call is made in response to a yard sign or other form of advertisement placed by the seller or lessor.
(c) No telephone solicitor or merchant who makes an unsolicited telephonic sales call to the telephone line of a residential subscriber in this state shall knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service.
(d) No telephone solicitor shall initiate any unsolicited telephonic sales call to a consumer before the hour of 8 a.m. or after 8 p.m. local time at the consumer's location.
(e) No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any unpublished cellular telephone number.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 3 - Telephone Solicitation › Section 40-12-303 - Automated Sales Calls.

40-12-303. Automated sales calls.
(a) No telephone solicitor or merchant shall make or knowingly allow a telephonic sales call to be made if the call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.
(b) Subsection (a) of this section does not prohibit the use of an automated telephone dialing system with live messages if:
(i) The calls are made or messages given solely in response to calls initiated by the persons to whom the automatic calls or live messages are directed;
(ii) The telephone numbers selected for automatic dialing have been screened to exclude any telephone subscriber who is included on the national do-not-call list and any unlisted telephone number; or
(iii) The call is to a consumer with whom the caller had an established business relationship.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 3 - Telephone Solicitation › Section 40-12-304 - Investigation of Complaints; Enforcement; Attorney's Fees.

40-12-304. Investigation of complaints; enforcement; attorney's fees.
(a) The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a willful violation of this article, the enforcing authority may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, as the court deems appropriate against the telephone solicitor or merchant. The civil penalty imposed shall be as follows:
(i) For the first violation, not to exceed five hundred dollars ($500.00);
(ii) For the second violation, not to exceed two thousand five hundred dollars ($2,500.00);
(iii) For the third and subsequent violations, not to exceed five thousand dollars ($5,000.00) per violation.
(b) An action under this section may be brought in the district court of the county in which the telephone solicitor or merchant resides or had its principle place of business or in the district court of Laramie county Wyoming. The civil penalty provided under this section may be recovered in any action brought under this article by the enforcing authority, or the enforcing authority may terminate any investigation or action upon agreement by the telephone solicitor or merchant to pay a stipulated civil penalty. The enforcing authority or the court may waive any civil penalty if the telephone solicitor or merchant has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation.
(c) In any civil litigation resulting from a transaction involving a violation of this article, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive reasonable attorney's fees and costs from the nonprevailing party.
(d) The remedies provided by this section are not exclusive and shall not preclude the imposition of any other relief or criminal penalties provided by law.
(e) It shall be an affirmative defense to an action brought by an enforcing authority for a violation of W.S. 40-12-302(b) that the person called a consumer listed on the national do-not-call list as a result of a good faith error.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 3 - Telephone Solicitation › Section 40-12-305 - Notice of Activity and Consent to Service of Process.

40-12-305. Notice of activity and consent to service of process.
Each telephone solicitor or merchant making unsolicited telephonic sales calls and doing business in this state shall file with the attorney general of this state a statement giving notice of this fact and designating the secretary of state of this state its agent for service of process, unless a lawful resident is designated as agent for service of process, for any alleged violation of this article. The written notice shall further set forth the intention of the telephone solicitor or merchant to abide by the provisions of this article. Compliance with this section shall not subject any telephone solicitor or merchant to the provisions or consequences of any other statute of this state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 4 - Commercial Electronic Mail › Section 40-12-401 - Definitions.

40-12-401. Definitions.
(a) As used in this article:
(i) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged or intends to engage in any practice that violates this article;
(ii) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement;
(iii) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered;
(iv) "Enforcing authority" means the Wyoming attorney general;
(v) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows or consciously avoids knowing that the person initiating the transmission is engaged or intends to engage in any act or practice that violates this article;
(vi) "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions;
(vii) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy;
(viii) "Service provider" means an entity offering the transmission, routing or providing of connections for digital online communications between or among points specified by a user, of material of the user's choosing, without modification to the content of the material sent or received.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 4 - Commercial Electronic Mail › Section 40-12-402 - Sending Unpermitted or Misleading Electronic Mail Prohibited.

40-12-402. Sending unpermitted or misleading electronic mail prohibited.
(a) No person may initiate the transmission, conspire with another to initiate the transmission or assist the transmission of a commercial electronic mail message from a computer located in Wyoming or to an electronic mail address that the sender knows or has reason to know is held by a Wyoming resident, or to an address that the sender knows or has reason to know is located in a state or other jurisdiction with laws similar to this state's laws regarding commercial electronic mail, that:
(i) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(ii) Contains false or misleading information in the subject line.
(b) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is a Wyoming resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.
(c) For purposes of this article, a service provider does not assist in the transmission of a commercial electronic mail message in violation of this article if:
(i) The activity which violates this article was not directed by the service provider or its agent;
(ii) The service provider does not receive a financial benefit directly attributable to the violation of this article by one (1) of its customers; and
(iii) The service provider does not provide the equipment or complete management of systems found to have an open mail relay.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 4 - Commercial Electronic Mail › Section 40-12-403 - Investigation of Complaints; Enforcement; Attorney's Fees.

40-12-403. Investigation of complaints; enforcement; attorney's fees.
(a) The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a violation of this article, the enforcing authority may bring an action to impose a civil penalty and to seek other relief, including injunctive relief. The civil penalty imposed shall be as follows:
(i) For the first violation, not to exceed five hundred dollars ($500.00);
(ii) For the second violation, not to exceed two thousand five hundred dollars ($2,500.00);
(iii) For the third and subsequent violations, not to exceed five thousand dollars ($5,000.00) per violation.
(b) An action under this section may be brought in the district court of the county in which a commercial electronic mail message that violates this article has been received or in the district court of Laramie county, Wyoming. The civil penalty provided under this section may be recovered in any action brought under this article by the enforcing authority, or the enforcing authority may terminate any investigation or action upon agreement with the person violating this article to pay a stipulated civil penalty.
(c) In any civil litigation resulting from a transaction involving a violation of this article, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive reasonable attorney's fees and costs from the nonprevailing party.
(d) The remedies provided by this section are not exclusive and shall not preclude the imposition of any other relief or criminal penalties provided by law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 4 - Commercial Electronic Mail › Section 40-12-404 - Immunity From Liability for Blocking of Commercial Electronic Mail by Interactive Computer Service.

40-12-404. Immunity from liability for blocking of commercial electronic mail by interactive computer service.
(a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this article.
(b) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of this article.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 5 - Credit Freeze Reports › Section 40-12-503 - Security Freeze.

40-12-503. Security freeze.
(a) Except as provided in W.S. 40-12-505, a consumer may place a security freeze on the consumer's credit report by:
(i) Making a request to a consumer reporting agency in writing by certified mail; and
(ii) Providing proper identification.
(b) If a security freeze is in place, a consumer reporting agency may not release a consumer's credit report or information derived from the credit report to a third party that intends to use the information to determine a consumer's eligibility for credit or the opening of a new account without prior authorization from the consumer.
(c) Notwithstanding subsection (b) of this section, a consumer reporting agency may communicate to a third party requesting a consumer's credit report that a security freeze is in effect on the consumer's credit report. If a third party requesting a consumer's credit report in connection with the consumer's application for credit is notified of the existence of a security freeze under this subsection, the third party may treat the consumer's application as incomplete.
(d) Upon receiving a request from a consumer under subsection (a) of this section, the consumer reporting agency shall:
(i) Place a security freeze on the consumer's credit report within five (5) business days after receiving the consumer's request;
(ii) Send a written confirmation of the security freeze to the consumer within ten (10) business days after placing the security freeze; and
(iii) Provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorizations for removal or temporary lift of the security freeze.
(e) A consumer reporting agency shall require proper identification of the consumer requesting to place, remove, or temporarily lift a security freeze.
(f) A consumer reporting agency shall develop a contact method to receive and process a consumer's request to place, remove or temporarily lift a security freeze. The contact method shall include:
(i) A postal address;
(ii) An electronic contact method chosen by the consumer reporting agency, which may include the use of fax, Internet or other electronic means; and
(iii) The use of telephone in a manner that is consistent with any federal requirements placed on the consumer reporting agency.
(g) A security freeze placed under this section may be removed or temporarily lifted only in accordance with W.S. 40-12-504.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 5 - Credit Freeze Reports › Section 40-12-506 - Fees for Security Freeze.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 5 - Credit Freeze Reports › Section 40-12-507 - Changes to Information in a Credit Report Subject to a Security Freeze.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 5 - Credit Freeze Reports › Section 40-12-508 - Violations; Penalties.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 6 - Use of Arrest Photographs › Section 40-12-601 - Unauthorized Use of Arrest Photographs; Penalty.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 7 - Exterior Storm Damage Repair Contracts › Section 40-12-701 - Definitions.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 7 - Exterior Storm Damage Repair Contracts › Section 40-12-702 - Requirements for Exterior Storm Damage Repair Solicitations and Advertisements.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 7 - Exterior Storm Damage Repair Contracts › Section 40-12-703 - Disclosure Requirements for Exterior Storm Damage Repair Proposals.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 7 - Exterior Storm Damage Repair Contracts › Section 40-12-704 - Disclosure Requirements for Exterior Storm Damage Repair Contracts.

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).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 7 - Exterior Storm Damage Repair Contracts › Section 40-12-706 - Private Remedies.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-102 - Definitions.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-103 - Licensing Requirements.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-104 - Discrimination Prohibited.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-105 - Licenses and Fees; Choices.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-106 - Time for Filing Contracts and Licenses; Filing Fee.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-107 - Blanket License Fees.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-108 - Doing Business Defined; Amenability to Process; Service on Nonresidents.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-109 - Injunction.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-110 - Right to Sue; Limitation; Damages.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-111 - Existing Contracts Not Affected.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-112 - Special Appearances Deemed General.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 1 - Protection of Copyright Users › Section 40-13-113 - Penalty for Violations.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-201 - Definitions.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-202 - Prohibited Acts.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-203 - Forfeiture and Destruction.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-204 - Additional Prohibited Act; Evidence.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-205 - Penalty.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 2 - Protection of Sound Productions › Section 40-13-206 - Exceptions.

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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 3 - Copyright License Enforcement › Section 40-13-301 - Definitions.

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.