reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-106 - General Requirements of Rental-Purchase Agreements.

40-19-106. General requirements of rental-purchase agreements.
(a) Each rental-purchase agreement shall be in writing, dated, signed by the consumer and merchant and completed as to all essential provisions as required by this act.
(b) The agreement shall be made clearly and conspicuously with disclosures required by W.S. 40-19-107(a)(i), (v), (vi), (vii) and (viii) grouped together, segregated from all other provisions and not containing any information not directly related to the disclosures. The agreement shall be designated "rental-purchase agreement."
(c) The merchant shall deliver to the consumer a completed copy of the agreement for the consumer to retain at consummation of the transaction.
(d) The rental-purchase agreement shall contain the names and addresses of the merchant and consumer.
(e) The merchant shall disclose to the consumer the information required by W.S. 40-19-107 on the face of the agreement above the line for the consumer's signature. If a disclosure becomes inaccurate as a result of any act, occurrence or agreement by the consumer after the delivery of the required disclosures, the resulting inaccuracy shall not be considered to be a violation of this act.
(f) A merchant who advertises rental-purchase agreements in any language other than English shall have rental-purchase agreements printed in each language as the merchant advertises and shall make those rental-purchase agreements available to consumers.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-108 - Prohibited Provisions.

40-19-108. Prohibited provisions.
(a) A rental-purchase agreement shall not contain a:
(i) Confession of judgment;
(ii) Negotiable instrument;
(iii) Security interest or any other claim of a property interest in any property of the consumer;
(iv) Wage assignment;
(v) Waiver by the consumer of claims or defenses;
(vi) Provision authorizing the merchant or a person acting on the merchant's behalf to enter upon the consumer's premises unlawfully or to commit any breach of the peace in the repossession of property;
(vii) Provision requiring the consumer to purchase insurance or a liability damage waiver from the merchant for the property. The merchant may require the consumer to insure the property so as to satisfy any liability of the consumer to the merchant for loss or damage to the property;
(viii) Provision that mere failure to return property constitutes probable cause for a criminal action;
(ix) Provision requiring the consumer to make a final periodic payment in an amount greater than regular periodic payments in order to acquire ownership of the property or a provision requiring the consumer to make periodic payments totaling more than the dollar amount necessary to acquire ownership as disclosed pursuant to W.S. 40-19-107;
(x) Provision requiring a reinstatement fee unless a periodic payment is late more than five (5) days on a monthly agreement or more than two (2) days on an agreement with periodic payments made more frequently than monthly;
(xi) Provision for a reinstatement fee or pickup and redelivery fee in excess of the maximum amount set by rule of the administrator for property subject to rental-purchase agreements; or
(xii) Provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement other than a reinstatement fee. However, a merchant may use the term "late charge" or a similar term to refer to a reinstatement fee.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-109 - Default; Notice of Default and Right to Cure.

40-19-109. Default; notice of default and right to cure.
(a) In any rental-purchase agreement, after a consumer is in default for three (3) business days or more and does not voluntarily surrender possession of the rented property, a merchant may give the consumer the notice provided in this section. Notice may be given to the consumer under this section by the merchant personally delivering the notice to the consumer or by mailing the notice to the consumer's last known residential address.
(b) The notice shall be in writing and conspicuously state the name, address and telephone number of the merchant to whom payment is made, a brief identification of the transaction, the consumer's right to cure any default, the amount of payment and the date the payment shall be made to cure the default. The notice shall be in substantially the form required by rule of the administrator.
(c) With respect to rental-purchase agreements with payments or options to renew more frequently than monthly, after default consisting of failure to renew or return the property, a merchant may not initiate court action to recover rented property until three (3) business days after notice of the consumer's right to cure is given. With respect to all other rental-purchase agreements, after default consisting of failure to renew or return the property, a merchant may not initiate court action to recover rented property until five (5) business days after notice of the consumer's right to cure is given.
(d) After notice is given and until expiration of the minimum applicable period, a consumer may cure all defaults consisting of failure to renew and failure to return the property by tendering the amount of all unpaid sums due and payment of a renewal payment.
(e) This section shall not prohibit a consumer from voluntarily surrendering possession of property that is rented or a merchant from requesting and accepting surrender of property at any time after default. In any enforcement proceeding, a merchant shall affirmatively plead and prove either that the notice to cure is not required or that the merchant has given the required notice. The failure to plead shall not invalidate any action taken by the merchant that is otherwise lawful and if the merchant had rightfully repossessed the property the repossession shall not constitute conversion.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-110 - Reinstatement.

40-19-110. Reinstatement.
(a) Any consumer whose default consists solely of a failure to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by paying the following charges within seven (7) days of the renewal date of the agreement:
(i) All past due rental charges;
(ii) If the property has been picked-up, the reasonable costs of pickup and redelivery as limited by W.S. 40-19-108(a)(xi); and
(iii) Any applicable reinstatement fee as limited by W.S. 40-19-108(a)(x) and (xi).
(b) In the case of a consumer who has paid less than two-thirds (2/3) of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property within seven (7) days of the renewal date, other than through judicial process, the consumer may reinstate the agreement during a period of not less than twenty-one (21) days after the date of the return of the property.
(c) In the case of a consumer who has paid two-thirds (2/3) or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property within seven (7) days of the renewal date, other than through judicial process, the consumer may reinstate the agreement during a period of not less than thirty (30) days after the date of the return of the property.
(d) Nothing in this section shall prevent a merchant from attempting to repossess the property. Repossession within seven (7) days of the renewal date shall not affect the consumer's right to reinstate. Upon reinstatement, the merchant shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-111 - Liability Damage Waivers; Fees.

40-19-111. Liability damage waivers; fees.
(a) A consumer and merchant may contract for a liability damage waiver. The selling or offering for sale of a liability damage waiver pursuant to this act shall be subject to the following prohibitions and requirements:
(i) A merchant may not sell or offer to sell a liability damage waiver unless all restrictions, conditions and exclusions are printed in an agreement separate from the rental-purchase agreement;
(ii) The liability damage waiver contract shall include a statement of the fee for the liability damage waiver and shall display the following notice printed or typed in a size equal to or greater than ten (10) point bold type:
NOTICE: THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY. BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR HOMEOWNER'S OR CASUALTY INSURANCE, IF ANY, AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL PROPERTY AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-112 - Renegotiations and Extensions.

40-19-112. Renegotiations and extensions.
(a) A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by W.S. 40-19-107 is changed by agreement between the merchant and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the merchant to give all the disclosures required by W.S. 40-19-107.
(b) The following acts shall not be considered to be a renegotiation:
(i) Reinstatement of a rental-purchase agreement in accordance with W.S. 40-19-110;
(ii) A merchant's waiver or failure to assert any claim against the consumer;
(iii) A deferral, extension or waiver of a portion of a periodic payment or of one (1) or more periodic payments; or
(iv) A change, made at the consumer's request, of the day of the week or month on which periodic payments are to be made.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-113 - Advertising.

40-19-113. Advertising.
(a) An advertisement for a rental-purchase agreement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state the following:
(i) The transaction advertised is a rental-purchase agreement;
(ii) The total number and total amount of periodic payments necessary to acquire ownership of the item; and
(iii) That the consumer acquires no ownership rights in the item unless the total amount necessary to acquire ownership is paid.
(b) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable for the requirements in this section.
(c) The provisions of subsection (a) of this section shall not apply to any advertisement which does not refer to or state the amount of any payment.
(d) Every item displayed or offered under a rental-purchase agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals each of the following:
(i) The cash sale price of the item;
(ii) The amount of the periodic payment; and
(iii) The total number and total amount of periodic payments necessary to acquire ownership.
(e) An advertisement for a rental-purchase agreement in any language other than English shall contain disclosures as required by this section in that language.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-115 - Revocation or Suspension of License.

40-19-115. Revocation or suspension of license.
(a) The administrator may issue to a person licensed under this act an order to show cause why his license should not be revoked or suspended for a period not in excess of six (6) months. The order shall state the place for a hearing and set a time for the hearing that is no less than ten (10) days from the date of the order. After the hearing the administrator shall revoke or suspend the license if he finds that:
(i) The licensee has repeatedly and willfully violated this act or any rule or order lawfully made pursuant to this act; or
(ii) Facts or conditions exist which would clearly have justified the administrator in refusing to grant a license had these facts or conditions been known to exist at the time the application for the license was made.
(b) No revocation or suspension of a license is lawful unless prior to institution of proceedings by the administrator notice is given to the licensee of the facts or conduct which warrant the intended action and the licensee is given an opportunity to show compliance with all lawful requirements for retention of the license.
(c) If the administrator finds that probable cause for revocation of a license exists and that enforcement of this act requires immediate suspension of a license pending investigation, he may, after a hearing upon five (5) days written notice, enter an order suspending the license for not more than thirty (30) days.
(d) Whenever the administrator revokes or suspends a license, he shall enter an order to that effect and immediately notify the licensee of the revocation or suspension. Within five (5) days after the entry of the order he shall deliver to the licensee a copy of the order and the findings supporting the order.
(e) Any person holding a license under this act may relinquish the license by notifying the administrator in writing of its relinquishment, but this relinquishment shall not affect his liability for acts previously committed.
(f) No revocation, suspension or relinquishment of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any consumer.
(g) The administrator may reinstate a license, terminate a suspension or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists which clearly would have justified the administrator in refusing to grant a license.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-116 - Record Retention.

40-19-116. Record retention.
Every licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner which will enable the administrator to determine whether the licensee is complying with the provisions of this act. The record keeping system of a licensee shall be sufficient if he makes the required information reasonably available to the administrator. The records pertaining to any rental-purchase agreement need not be preserved for more than two (2) years after making the final entry relating to the agreement.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-117 - Examination and Investigation.

40-19-117. Examination and investigation.
(a) Upon complaint the administrator may examine and copy the records of a licensee. The investigation may be made for the purposes of discovering violations of this act or securing information lawfully required. For these purposes he shall have free and reasonable access during normal office hours to the offices, places of business and records of the licensee. Each licensee shall pay to the administrator an amount assessed by the administrator to cover the direct and indirect cost of an investigation under this subsection.
(b) For the purposes of this section, the administrator may administer oaths or affirmations, and upon his own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of person having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence.
(c) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the administrator may apply to the district court for an order compelling compliance.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-118 - Powers and Functions of the Administrator; Enforcement; Penalties.

40-19-118. Powers and functions of the administrator; enforcement; penalties.
(a) Except as otherwise provided, the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, shall apply to and govern all administrative actions taken by the administrator pursuant to this act.
(b) The administrator may adopt rules and regulations to implement and administer this act.
(c) After notice and hearing, the administrator may order a merchant or a person acting on his behalf to cease and desist from engaging in violations of this act. Any person aggrieved by an order of the administrator may obtain judicial review of the order and the administrator may obtain an order of the court for enforcement of his order in the district court.
(d) The administrator may bring a civil action to restrain a merchant from violating the provisions of this act and for other appropriate relief.
(e) Any merchant refusing or obstructing access to the administrator or his representative to any account, books, records or papers, refusing to furnish any required information or hindering a full examination or investigation of the accounts, books, records or papers is guilty of a felony punishable by a fine of not less than one thousand dollars ($1,000.00), imprisonment for a period of not less than one (1) year, or both.
(f) Any merchant who wrongfully fails or refuses to comply with an order of the administrator as may be provided under this act is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00) per day for each day the order is not obeyed.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-119 - Consumer Civil Actions.

40-19-119. Consumer civil actions.
(a) A merchant who fails to comply with a requirement imposed in W.S. 40-19-106 through 40-19-112 or 40-12-104 shall be liable to the consumer damaged thereby in an amount equal to the greater of:
(i) The actual damages sustained by the consumer as a result of the violation, plus the costs of the action and reasonable attorney's fees;
(ii) In the case of an individual action, twenty-five percent (25%) of the total payments necessary to acquire ownership but not less than one hundred dollars ($100.00) nor greater than one thousand dollars ($1,000.00), plus the costs of the action and reasonable attorney's fees; or
(iii) In the case of a class action, the amount the court determines to be appropriate with no minimum recovery as to each member, plus the costs of the action and reasonable attorney's fees. The total recovery in any class action or series of class actions arising out of the same violation shall not be more than the lesser of five hundred thousand dollars ($500,000.00) plus the costs of the action and reasonable attorney's fees or one percent (1%) of the net worth of the merchant plus the costs of the action and reasonable attorney's fees. In determining the amount of any award in a class action, the court shall consider, among other relevant factors, the amount of actual damages awarded, the frequency and persistence of the violation, the merchant's resources and the extent to which the merchant's violation was intentional.
(b) In the case of an advertisement, any merchant who fails to comply with the requirements of W.S. 40-19-113 with regard to any consumer shall be liable to that consumer for actual damages suffered from the violation, the costs of the action and reasonable attorney's fees.
(c) If there are multiple merchants, liability shall be imposed only on the merchant who made the disclosures. If no disclosures have been given, liability shall be imposed on all merchants.
(d) If there are multiple consumers in a rental-purchase agreement, there shall be only one (1) recovery of damages under subsection (a) of this section.
(e) Multiple violations in connection with a rental-purchase agreement shall entitle the consumer to a single recovery under this section.
(f) An action under this section shall be brought in any court of competent jurisdiction within the greater of the following times:
(i) Within two (2) years after the date the consumer made his last rental payment; or
(ii) Within two (2) years after the date of the occurrence of the violation that is the subject of the suit.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 19 - Consumer Rental Purchase Agreement Act › Section 40-19-120 - Merchant's Defense.

40-19-120. Merchant's defense.
(a) If a merchant establishes by a preponderance of the evidence that a violation of this act was unintentional, no penalty as specified in W.S. 40-19-118 shall be imposed and validity of the transaction shall not be affected.
(b) A merchant shall not be liable under this act for any failure to comply with any requirement imposed under this act if within sixty (60) days after the merchant discovers an error, and prior to the institution of an action under this act or the receipt of written notice of the error from the consumer, the merchant notifies the consumer of the error and within seven (7) days, makes adjustments in the appropriate account necessary to correct the error.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-101 - Short Title.

40-20-101. Short title.
This chapter shall be known and may be cited as the "Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act".
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-105 - Surplus Parts Inventory; Credits.

40-20-105. Surplus parts inventory; credits.
(a) Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, but no less than once every twelve (12) months, return a portion of the dealer's surplus parts inventory for credit.
(b) The supplier shall notify the dealer of a time period during which a dealer may submit the dealer's surplus parts list and return inventory. A supplier may stagger return periods for its dealers.
(c) If a supplier has not notified its dealer of a specific time period for returning surplus parts within the preceding twelve (12) month period, it shall allow the dealer to return surplus parts within sixty (60) days of receiving the dealer's request to make such return.
(d) A supplier shall allow surplus parts return on a dollar value of parts equal to ten percent (10%) of the total dollar value of all parts purchased by the dealer from the supplier during either the twelve (12) month period immediately preceding the supplier's notification to the dealer of the supplier's return program or, if subsection (c) of this section applies, the month the dealer makes a return request.
(e) The dealer may elect to return a dollar value of the surplus parts equal to less than ten percent (10%) of the total dollar value of the parts the dealer purchased during the preceding twelve (12) months.
(f) A dealer may not return obsolete parts. However, a dealer may return a part for credit if such part is found in the supplier's current parts list or any superseded part that is not the subject of the supplier's parts return program as of the date of termination.
(g) A dealer shall return only new and unused parts to the supplier of the parts.
(h) The minimum credit allowed for returned parts shall be ninety-five percent (95%) of the net price as listed in the supplier's current parts list as of the date that the supplier provides notice of its return program or, if subsection (c) of this section applies, the date that the dealer submits a request for return.
(j) A supplier shall issue credit within ninety (90) days after receiving a return part.
(k) Nothing in this section shall be construed to prevent a supplier from charging back to the dealer's account amounts previously paid or credited as a discounted incident to the dealer's purchase of equipment.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-110 - Current Agreements; Effect of Law; Void Provisions.

40-20-110. Current agreements; effect of law; void provisions.
(a) Effective July 1, 2006, this chapter shall apply to all dealer agreements now in effect which have no expiration date and are a continuing contract and all other dealer agreements entered into, renewed, extended, revised, modified or changed in any manner on or after July 1, 2006.
(b) A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue outside of this state or requires the application of the laws of another state or country is void with respect to a claim otherwise enforceable under this chapter. Except as provided in W.S. 40-20-105(a), any attempt to waive a provision of this chapter or application of this chapter shall be void. Any provision in a dealer agreement that requires a dealer to pay attorney fees incurred by a supplier shall be void.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-115 - Termination of Dealer Agreements.

40-20-115. Termination of dealer agreements.
(a) A dealer may terminate a dealer agreement without cause. The dealer shall give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Notice from the supplier to the dealer shall be as provided in W.S. 40-20-116 and 40-20-117. Except as otherwise specifically provided in this chapter, good cause means the failure by a dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealer agreement, provided the requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:
(i) The dealer or dealership has transferred a controlling ownership interest in its business without the supplier's consent;
(ii) The dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty (30) days after the filing, there has been a closeout or sale of a substantial part of the dealer's assets related to the business or there has been a commencement of dissolution or liquidation of the dealer;
(iii) There has been a deletion, addition or change in dealer or dealership locations without the prior written approval of the supplier;
(iv) The dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the supplier or there has been a revocation of any guarantee of the dealer's present or future obligations to the supplier. Good cause shall not exist if a person revokes any guarantee in connection with or following the transfer of the person's entire ownership interest in the dealer unless the supplier requires the new person to execute a new guarantee of the dealer's present or future obligations in connection with the transfer of ownership interest;
(v) The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;
(vi) The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and supplier;
(vii) The dealer has engaged in conduct which is injurious or detrimental to the dealer's customers or to the public welfare or the representation or reputation of the supplier's product;
(viii) The dealer has consistently failed to meet and maintain the supplier's requirements for reasonable standards and performance objectives, so long as the supplier has given the dealer reasonable standards and performance objectives that are based on the manufacturer's experience in other comparable market areas.
(b) The provisions of this section shall not apply to the dealer agreements between a single line dealer and the single line supplier.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-116 - Termination of Dealer Agreements; Single Line Dealers.

40-20-116. Termination of dealer agreements; single line dealers.
(a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier.
(b) No supplier may terminate a dealer agreement without good cause. For purposes of this section and W.S. 40-20-118 only, good cause means failure by a dealer to comply with requirements imposed upon the dealer by the dealer agreement if the requirements are not different from those imposed on other similarly situated dealers. In addition, good cause exists when:
(i) There has been a closeout or sale of a substantial part of the dealer's assets related to the equipment business or there has been a commencement of a dissolution or liquidation of the dealer;
(ii) The dealer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld;
(iii) The dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier;
(iv) The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;
(v) The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier; or
(vi) The dealer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder withdraws from the dealership, dies or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership. Good cause does not exist if the supplier consents to an action described in this paragraph.
(c) Except as otherwise provided in this subsection, a supplier shall provide a dealer with at least ninety (90) days written notice of termination. The notice shall state all reasons constituting good cause for the termination and shall state the dealer has sixty (60) days in which to cure any claimed deficiency. If the deficiency is cured within sixty (60) days, the notice shall be void. Notwithstanding the foregoing, if the good cause for termination is due to the dealer's failure to meet or maintain the supplier's requirements for market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice and right to cure provisions under this subsection shall not apply if the reason for termination is for any reason set forth in paragraphs (b)(i) through (vi) of this section.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-118 - Death of Single Line Dealer.

40-20-118. Death of single line dealer.
(a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier.
(b) If a dealer dies, a supplier shall have ninety (90) days in which to consider and make a determination on a request by a family member to enter into a new dealer agreement to operate the dealership. If the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance. This subsection does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier.
(c) If a supplier and dealer have executed an agreement concerning succession rights prior to the dealer's death and that agreement is still in effect, the agreement shall control the terms of succession even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-121 - Repurchase Not Required.

40-20-121. Repurchase not required.
(a) The provisions of this chapter shall not require the repurchase from a dealer of:
(i) Any repair part in a broken or damaged package. The supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to eighty-five percent (85%) of the current net price for the repair part, if the aggregate current net price for the entire package of repair parts is seventy-five dollars ($75.00) or higher;
(ii) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(iii) Any inventory the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens and encumbrances;
(iv) Any inventory the dealer desires to keep, provided the dealer has a contractual right to do so;
(v) Any equipment or repair parts not in new, unsold, undamaged or complete condition, subject to the provisions of this chapter relating to demonstrators;
(vi) Any equipment delivered to the dealer prior to the beginning of the thirty-six (36) month period immediately preceding the date of notification of termination;
(vii) Any equipment or repair parts ordered by the dealer on or after the date of notification of termination;
(viii) Any equipment or repair parts acquired by the dealer from any source other than the supplier unless the equipment or repair parts were ordered from or invoiced to the dealer by the supplier; or
(ix) Any equipment or repair parts not returned to the supplier within ninety (90) days after the later of:
(A) The effective date of termination of a dealer agreement; and
(B) The date the dealer receives from the supplier all information, documents or supporting materials required by the supplier to comply with the supplier's return policy. This subparagraph shall not be applicable to a dealer if the supplier did not give the dealer notice of the ninety (90) day deadline at the time the applicable notice of termination was sent to the dealer.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-122 - Remedies and Enforcement.

40-20-122. Remedies and enforcement.
If the supplier violates any provision of this chapter, the dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, including, but not limited to, damages for lost profits, together with the actual costs of the action, including the attorney fees and costs of arbitrators. The dealer may also be granted injunctive relief against unlawful termination. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 20 - Wyoming Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act › Section 40-20-123 - Choice of Remedies; Exemption From Tax.

40-20-123. Choice of remedies; exemption from tax.
(a) The provisions of this chapter shall be supplemental to any dealer agreement between the dealer and the supplier which provides the dealer with greater protection. The dealer can elect to pursue its contract remedy or the remedy provided by state law, or both. An election by the dealer to pursue these remedies shall not bar its right to exercise any other remedies that may be granted at law or in equity.
(b) Any repurchase under this chapter is not subject to sales or use tax.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-103 - Scope.

40-21-103. Scope.
(a) Except as otherwise provided in subsection (b) of this section, this act applies to electronic records and electronic signatures relating to a transaction.
(b) This act does not apply to a transaction to the extent it is governed by:
(i) A law governing the creation and execution of wills, codicils or testamentary trusts;
(ii) The Uniform Commercial Code other than W.S. 34.1-1-107 and 34.1-1-206, article 2 and article 2A; and
(iii) The Uniform Computer Information Transactions Act.
(c) This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(d) A transaction subject to this act is also subject to other applicable substantive law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-104 - Applicability.

40-21-104. Applicability.
(a) This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after July 1, 2001.
(b) The Financial Technology Sandbox Act shall apply to this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-105 - Use of Electronic Records and Electronic Signatures, Variation by Agreement.

40-21-105. Use of electronic records and electronic signatures, variation by agreement.
(a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
(b) This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-106 - Construction and Application.

40-21-106. Construction and application.
(a) This act must be construed and applied:
(i) To facilitate electronic transactions consistent with other applicable law;
(ii) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(iii) To effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-107 - Legal Recognition of Electronic Records, Electronic Signatures and Electronic Contracts.

40-21-107. Legal recognition of electronic records, electronic signatures and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-108 - Provisions of Information in Writing; Presentation of Records.

40-21-108. Provisions of information in writing; presentation of records.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this act requires a record to be posted or displayed in a certain manner, to be sent, communicated or transmitted by a specified method or to contain information that is formatted in a certain manner, the following rules apply:
(i) The record must be posted or displayed in the manner specified in the other law;
(ii) Except as otherwise provided in paragraph (d)(ii) of this section, the record must be sent, communicated or transmitted by the method specified in the other law;
(iii) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(i) To the extent a law other than this act requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(ii) A requirement under a law other than this act to send, communicate or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-109 - Attribution and Effect of Electronic Record and Electronic Signature.

40-21-109. Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-110 - Effect of Change or Error.

40-21-110. Effect of change or error.
(a) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(i) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(ii) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(iii) If neither paragraph (i) nor (ii) of this subsection applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;
(iv) Paragraphs (ii) and (iii) of this subsection may not be varied by agreement.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 21 - Uniform Electronic Transactions Act › Section 40-21-111 - Notarization and Acknowledgment.

40-21-111. Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.