reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 3 - Copyright License Enforcement › Section 40-13-302 - Information Required to Be Provided Regarding Royalty Contracts; Contract Requirements.

40-13-302. Information required to be provided regarding royalty contracts; contract requirements.
(a) No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides to the proprietor, in writing the following:
(i) A schedule of the rates and terms of royalties under the contract;
(ii) Upon request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the society;
(iii) Notice that it will make available, upon written request of any proprietor or bona fide trade association representing groups of proprietors, at the sole expense of the proprietor or bona fide trade association representing groups of proprietors, by electronic means or otherwise, the most current available listing of the copyrighted musical works in such performing rights society's repertory. The notice shall specify the means by which the information can be secured;
(iv) Notice that the performing rights society has a toll free telephone number which can be used to answer inquiries of a proprietor regarding specific musical works and the copyright owners represented by that performing rights society; and
(v) Notice that it complies with federal law and orders of courts having appropriate jurisdiction regarding the rates and terms of royalties and the circumstances under which licenses for rights for public performances are offered to any proprietor.
(b) Every contract between a performing rights society and proprietor for the payment of royalties executed, issued or renewed in this state on or after July 1, 1996 shall:
(i) Be in writing;
(ii) Be signed by the parties; and
(iii) Include at least the following information:
(A) The proprietor's name and business address and the name and location of each place of business to which the contract applies;
(B) The name and address of the performing rights society;
(C) The duration of the contract; and
(D) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 3 - Copyright License Enforcement › Section 40-13-303 - Restrictions.

40-13-303. Restrictions.
(a) No performing rights society or any agent or employee thereof shall:
(i) With respect to a contract executed, issued or renewed on or after July 1, 1996, collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this act;
(ii) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees and disclosing that the agent is acting on behalf of the performing rights society and disclosing the purposes of the discussion.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 13 - Copyrighted Music › Article 3 - Copyright License Enforcement › Section 40-13-305 - Applicability.

40-13-305. Applicability.
This act shall not apply to contracts between performing rights societies and broadcasters licensed by the federal communications commission or to contracts with cable operators, programmers or other transmission services. This act also shall not apply to investigations conducted by law enforcement agencies.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-102 - Purposes; Rules of Construction.

40-14-102. Purposes; rules of construction.
(a) This act shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this act are:
(i) To simplify, clarify and modernize the law governing retail installment sales, consumer credit, small loans and usury;
(ii) To provide rate ceilings to assure an adequate supply of credit to consumers;
(iii) To further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;
(iv) To protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;
(v) To permit and encourage the development of fair and economically sound consumer credit practices;
(vi) To conform the regulation of consumer credit transactions to the policies of the federal Consumer Credit Protection Act; and
(vii) To make uniform the law, including administrative rules, among the various jurisdictions.
(c) A reference to a requirement imposed by this act includes reference to a related rule of the administrator adopted pursuant to this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-103 - Supplementary General Principles of Law Applicable.

40-14-103. Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement its provisions.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-104 - Construction Against Implicit Repeal.

40-14-104. Construction against implicit repeal.
This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-105 - Severability.

40-14-105. Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-106 - Waiver; Agreement to Forego Rights; Settlement of Claims; Legal Rate of Interest; Applicability.

40-14-106. Waiver; agreement to forego rights; settlement of claims; legal rate of interest; applicability.
(a) Except as otherwise provided in this act, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this act.
(b) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this act, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this act, if disputed in good faith, may be settled by agreement.
(c) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed.
(d) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this act is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
(e) If there is no agreement or provision of law for a different rate, the interest of money shall be at the rate of seven percent (7%) per annum.
(f) The Financial Technology Sandbox Act shall apply to this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-107 - Effect on Powers of Organizations.

40-14-107. Effect on powers of organizations.
(a) This act prescribes maximum charges for all creditors, except lessors and those excluded (W.S. 40-14-121), extending consumer credit including consumer credit sales (W.S. 40-14-204) and consumer loans (W.S. 40-14-304), and displaces existing limitations on the powers of those creditors based on maximum charges.
(b) With respect to sellers of goods or services, small loan companies, licensed lenders, consumer and sales finance companies, industrial banks and loan companies and commercial banks and trust companies, this act displaces existing limitations on their powers based solely on amount or duration of credit.
(c) Except as provided in subsection (a) of this section, this act does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.
(d) Except as provided in subsections (a) and (b) of this section, this act does not displace:
(i) Limitations on powers of supervised financial organizations defined by W.S. 40-14-140(a)(xix) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land or other similar restrictions designed to protect deposits; or
(ii) Limitations on powers an organization is authorized to exercise under the laws of this state or the United States.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-121 - Exclusions.

40-14-121. Exclusions.
(a) Except as required by W.S. 40-14-641, this act does not apply to:
(i) Extensions of credit to government or governmental agencies or instrumentalities;
(ii) Except as otherwise provided in the article on insurance [article 4], the sale of insurance by an insurer if the premium is not financed;
(iii) Transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment; or
(iv) Repealed by Laws 1983, ch. 62, 2.
(v) Ceilings on rates and charges or limits on loan maturities of a credit union organized under the laws of this state or of the United States if these ceilings or limits are established by these laws; or
(vi) Credit sales, loans or leases primarily for an agricultural purpose except as provided in article 2, part 6 and article 3, part 6 of this code.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 1 - General Provisions and Definitions › Section 40-14-141 - Definition.

40-14-141. Definition.
In this act "Federal Consumer Credit Protection Act" means the Consumer Credit Protection Act (Public Law 90-321; 82 U.S. Statutes 146), as amended, and includes regulations issued pursuant to that act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-202 - Scope; License Required.

40-14-202. Scope; license required.
(a) This article applies to consumer credit sales, including home solicitation sales and consumer leases.
(b) Unless a person has first registered with the administrator, no person shall engage in the business of making consumer credit sales or consumer leases.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-203 - Definitions.

40-14-203. Definitions.
(a) The following definitions apply to this act and appear in this article as follows:
(i) "Amount financed"-W.S. 40-14-211;
(ii) Repealed By Laws 2008, Ch. 116, 2.
(iii) "Cash price"-W.S. 40-14-210;
(iv) "Consumer credit sale"-W.S. 40-14-204;
(v) "Consumer lease"-W.S. 40-14-206;
(vi) Repealed by Laws 2021, ch. 14, 3.
(vii) Repealed By Laws 2008, Ch. 116, 2.
(viii) "Credit service charge"-W.S. 40-14-209;
(ix) "Goods"-W.S. 40-14-205(a);
(x) "Home solicitation sale"-W.S. 40-14-251;
(xi) "Merchandise certificate"-W.S. 40-14-205(b);
(xii) "Precomputed"-W.S. 40-14-205(g);
(xiii) "Revolving charge account"-W.S. 40-14-208;
(xiv) "Sale of goods"-W.S. 40-14-205(d);
(xv) "Sale of an interest in land"-W.S. 40-14-205(f);
(xvi) "Sale of services"-W.S. 40-14-205(e);
(xvii) "Seller"-W.S. 40-14-207;
(xviii) "Services"-W.S. 40-14-205(c).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-204 - Definition of "Consumer Credit sale."

40-14-204. Definition of "consumer credit sale."
(a) Except as provided in subsection (b) of this section, "consumer credit sale" is a sale of goods, services or an interest in land in which:
(i) Credit is granted by a person who regularly engages as a seller in credit transactions of the same kind;
(ii) The buyer is a person other than an organization;
(iii) The goods, services or interest in land are purchased primarily for a personal, family or household purpose;
(iv) Either the debt is payable in installments or a credit service charge is made; and
(v) With respect to a sale of goods or services, the amount financed does not exceed seventy-five thousand dollars ($75,000.00).
(b) Unless the sale is made subject to this act by agreement pursuant to W.S. 40-14-256, "consumer credit sale" does not include:
(i) A sale in which the seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement; or
(ii) A sale of an interest in land if the credit service charge does not exceed eighteen percent (18%) per year calculated according to the actuarial method on the unpaid balances of the amount financed on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term, except as provided for disclosure and debtors' remedies in W.S. 40-14-520.
(c) Repealed by Laws 1981, ch. 147, 2.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-205 - Additional Definitions.

40-14-205. Additional definitions.
(a) "Goods" includes a goods not in existence at the time the transaction is entered into and merchandise certificates, but excludes money, chattel paper, documents of title, and instruments.
(b) "Merchandise certificate" means a writing issued by a seller not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services.
(c) "Services" includes:
(i) Work, labor, and other personal services;
(ii) Privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and
(iii) Insurance provided by a person other than the insurer.
(d) "Sale of goods" includes any agreement in the form of a bailment or lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his obligations under the agreement.
(e) "Sale of services" means furnishing or agreeing to furnish services and includes making arrangements to have services furnished by another.
(f) "Sale of an interest in land" includes a lease in which the lessee has an option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.
(g) A sale, refinancing, or consolidation is "precomputed" if the debt is expressed as a sum comprising the amount financed and the amount of the credit service charge computed in advance.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-206 - Definition of "Consumer Lease".

40-14-206. Definition of "consumer lease".
(a) "Consumer lease" means a lease of goods:
(i) Which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under the lease primarily for a personal, family or household purpose;
(ii) In which the amount payable under the lease does not exceed seventy-five thousand dollars ($75,000.00); and
(iii) Which is for a term exceeding four (4) months.
(b) "Consumer lease" does not include a lease made pursuant to a lender credit card or similar arrangement.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-207 - Definition of "Seller".

40-14-207. Definition of "seller".
Except as otherwise provided, "seller" includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-208 - Definition of "Revolving Charge Account".

40-14-208. Definition of "revolving charge account".
(a) "Revolving charge account" means an arrangement between a seller and a buyer pursuant to which:
(i) The seller may permit the buyer to purchase goods or services on credit either from the seller or pursuant to a seller credit card;
(ii) The unpaid balances of amounts financed arising from purchases and the credit service and other appropriate charges are debited to an account;
(iii) A credit service charge if made is not precomputed but is computed on the outstanding unpaid balances of the buyer's account from time to time; and
(iv) Either the buyer has the privilege of paying in full or in installments or the seller periodically imposes charges computed on the account for delaying payment and permits the buyer to continue to purchase on credit.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-209 - Definition of "Credit Service Charge".

40-14-209. Definition of "credit service charge".
(a) "Credit service charge" means the sum of:
(i) All charges payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as a condition of or an incident to the extension of credit, including any of the following types of charges which are applicable: time price differential, service, carrying or other charge however denominated, premium or other charge for any guarantee or insurance protecting the seller against the buyer's default or other credit loss; and
(ii) Charges incurred for investigating the collateral or credit-worthiness of the buyer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted.
(b) Credit service charge does not include:
(i) Charges as a result of default;
(ii) Additional charges pursuant to W.S. 40-14-213;
(iii) Delinquency charges specified by W.S. 40-14-214;
(iv) Deferral charges pursuant to W.S. 40-14-215;
(v) A discount not in excess of five percent (5%) offered by a seller for purposes of inducing payment by cash, check or other means not involving the use of a seller or lender credit card, if the discount is offered to all prospective buyers and its availability is disclosed clearly and conspicuously in accordance with the federal Consumer Credit Protection Act, P.L. 90-321, 82 Stat. 146, 15 U.S.C. 470 et seq.; or
(vi) Reasonable credit application fees whether or not credit is extended.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-210 - Definition of "Cash Price".

40-14-210. Definition of "cash price".
"Cash price" means the price at which the creditor offers, in the ordinary course of business, to sell for cash the property or services which are the subject of a consumer credit transaction. It may include the cash price of accessories or services related to the sale such as delivery, installation, alterations, modifications, and improvements, and may include taxes to the extent imposed on the cash sale, but shall not include any other charges of the types described in section 1026.4 of regulation Z of the federal Consumer Credit Protection Act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-211 - Definition of "Amount Financed".

40-14-211. Definition of "amount financed".
(a) "Amount financed" means the total of the following items to the extent that payment is deferred:
(i) The cash price of the goods, services, or interest in land, less the amount of any down payment whether made in cash or in property traded in;
(ii) The amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and
(iii) If not included in the cash price:
(A) Any applicable sales, use, excise, or documentary stamp taxes;
(B) Amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees; and
(C) Additional charges permitted by W.S. 40-14-213.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-213 - Additional Charges.

40-14-213. Additional charges.
(a) In addition to the credit service charge permitted by this part, a seller may contract for and receive the following additional charges in connection with a consumer credit sale:
(i) Official fees and taxes;
(ii) Charges for insurance as described in subsection (b) of this section; and
(iii) Charges excluded from the credit service charge by the federal Consumer Credit Protection Act or by rule adopted by the administrator.
(b) An additional charge may be made for insurance written in connection with the sale, other than insurance protecting the seller against the buyer's default or other credit loss:
(i) With respect to insurance against loss of or damage to property, or against liability, if the seller furnishes a clear and specific statement in writing to the buyer, setting forth the cost of the insurance if obtained from or through the seller, and stating that the buyer may choose the person through whom the insurance is to be obtained;
(ii) With respect to consumer credit insurance providing life, accident, or health coverage, if the insurance coverage is not a factor in the approval by the seller of the extension of credit and this fact is clearly disclosed in writing to the buyer, and if, in order to obtain the insurance in connection with the extension of credit, the buyer gives specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof;
(iii) Repealed By Laws 2013, Ch. 124, 3.
(c) Reasonable closing costs (W.S. 40-14-140(a)(v)) are additional charges.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-214 - Delinquency Charges.

40-14-214. Delinquency charges.
(a) With respect to a consumer credit sale, refinancing, or consolidation, the parties may contract for a delinquency charge on any installment not paid in full within ten (10) days after its scheduled due date in an amount not exceeding the greater of:
(i) Five percent (5%) of the unpaid amount of the installment; or
(ii) Ten dollars ($10.00).
(b) A delinquency charge under subsection (a) of this section may be collected only once on an installment however long it remains in default. No delinquency charge may be collected if the installment has been deferred and a deferral charge (W.S. 40-14-215) has been paid or incurred until ten (10) days after the deferred due date. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(c) No delinquency charge may be collected on an installment which is paid in full within ten (10) days after its scheduled installment due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full. For purposes of this subsection payments are applied first to current installments and then to delinquent installments.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-215 - Deferral Charges.

40-14-215. Deferral charges.
(a) With respect to a consumer credit sale, refinancing, or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one (1) or more unpaid installments, and the seller may make and collect a charge which the buyer expressly agrees to pay as consideration for the deferral. A deferral charge may be collected at the time it is assessed or at any time thereafter.
(b) The seller, in addition to the deferral charge, may make appropriate additional charges (W.S. 40-14-213), and the amount of these charges which is not paid in cash may be added to the amount deferred for the purpose of calculating the deferral charge.
(c) Except in connection with a revolving charge account, the parties may agree in writing at the time of a consumer credit sale, refinancing, or consolidation that if an installment is not paid within ten (10) days after its due date, the seller may unilaterally grant a deferral and make charges as provided in this section. No deferral charge may be made for a period after the date that the seller elects to accelerate the maturity of the agreement.
(d) A delinquency charge made by the seller on an installment may not be retained if a deferral charge is made pursuant to this section with respect to the period of delinquency.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-216 - Credit Service Charge on Refinancing.

40-14-216. Credit service charge on refinancing.
(a) With respect to a consumer credit sale, refinancing, or consolidation, the seller may by agreement with the buyer refinance the unpaid balance and may contract for and receive a credit service charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (W.S. 40-14-212). For the purpose of determining the credit service charge permitted, the amount financed resulting from the refinancing comprises the following:
(i) If the transaction was not precomputed, the total of the unpaid balance and accrued charges on the date of refinancing, or, if the transaction was precomputed, the amount which the buyer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (W.S. 40-14-221) on the date of refinancing except that for the purpose of computing this amount no minimum credit service charge (W.S. 40-14-212(f)) shall be allowed; and
(ii) Appropriate additional charges (W.S. 40-14-213), payment of which is deferred.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-217 - Credit Service Charge on Consolidation.

40-14-217. Credit service charge on consolidation.
(a) If a buyer owes an unpaid balance to a seller with respect to a consumer credit sale, refinancing, or consolidation, and becomes obligated on another consumer credit sale, refinancing, or consolidation with the same seller, the parties may agree to a consolidation resulting in a single schedule of payments pursuant to either of the following subsections:
(i) The parties may agree to refinance the unpaid balance with respect to the previous sale pursuant to the provisions on refinancing (W.S. 40-14-216) and to consolidate the amount financed resulting from the refinancing by adding it to the amount financed with respect to the subsequent sale. The seller may contract for and receive a credit service charge based on the aggregate amount financed resulting from the consolidation at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (W.S. 40-14-212);
(ii) The parties may agree to consolidate by adding together the unpaid balances with respect to the two (2) sales.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-218 - Credit Service Charge for Revolving Charge Accounts.

40-14-218. Credit service charge for revolving charge accounts.
(a) With respect to a consumer credit sale made pursuant to a revolving charge account, the parties to the sale may contract for the payment by the buyer of a credit service charge not exceeding that permitted in this section.
(b) A charge may be made in each billing cycle which is a percentage of an amount no greater than:
(i) The average daily balance of the account;
(ii) The unpaid balance of the account on the same day of the billing cycle; or
(iii) The median amount within a specified range within which the average daily balance of the account or the unpaid balance of the account on the same day of the billing cycle is included. A charge may be made pursuant to this paragraph only if the seller, subject to classifications and differentiations he may reasonably establish, makes the same charge on all balances within the specified range and if the percentage when applied to the median amount within the range does not produce a charge exceeding the charge resulting from applying that percentage to the lowest amount within the range by more than eight percent (8%) of the charge on the median amount.
(c) Except as provided in paragraph (ii) of this subsection:
(i) If the billing cycle is monthly, the charge may not exceed one and three-fourths percent (1.75%) of the amount pursuant to subsection (b) of this section; or
(ii) If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to thirty (30). For the purposes of this section, a variation of not more than four (4) days from month to month is "the same day of the billing cycle".
(d) Notwithstanding subsection (c) of this section, if there is an unpaid balance on the date as of which the credit service charge is applied, the seller may contract for and receive a charge in accordance with this subsection. For accounts with a billing cycle of thirty (30) days or more, the seller may receive a charge not exceeding three dollars ($3.00). For accounts with a billing cycle of less than thirty (30) days, the seller may receive a charge not to exceed the pro rata part of three dollars ($3.00) that bears the same relation to three dollars ($3.00) as the number of days in the billing cycle bears to thirty (30).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-219 - Advances to Perform Covenants of Buyer.

40-14-219. Advances to perform covenants of buyer.
(a) If the agreement with respect to a consumer credit sale, refinancing, or consolidation contains covenants by the buyer to perform certain duties pertaining to insuring or preserving collateral and the seller pursuant to the agreement pays for performance of the duties on behalf of the buyer, the seller may add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the buyer performed by the seller pertain to insurance, a brief description of the insurance paid for by the seller including the type and amount of coverages. No further information need be given.
(b) A credit service charge may be made for sums advanced pursuant to subsection (a) of this section at a rate not exceeding the rate stated to the buyer pursuant to the laws relating to disclosure with respect to the sale, refinancing, or consolidation, except that with respect to a revolving charge account the amount of the advance may be added to the unpaid balance of the amount and the seller may make a credit service charge not exceeding that permitted by the provisions on credit service charge for revolving charge accounts (W.S. 40-14-218).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-220 - Right to Prepay.

40-14-220. Right to prepay.
Subject to the provisions on rebate upon prepayment (W.S. 40-14-221), the buyer may prepay in full the unpaid balance of a consumer credit sale, refinancing, or consolidation at any time without penalty.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-221 - Rebate Upon Prepayment.

40-14-221. Rebate upon prepayment.
(a) Except as provided in subsection (b) of this section, upon prepayment in full of the unpaid balance of a precomputed consumer credit sale, refinancing or consolidation, the unearned credit service charge shall be refunded based upon the Rule of 78's if the transaction under its original terms did not exceed sixty-one (61) monthly installments and upon the actuarial method, if the transaction by its original terms exceeded sixty-one (61) monthly installments. An amount not less than the unearned portion of the credit service charge calculated according to this section shall be rebated to the debtor. With respect to irregular payment transactions, the administrator may prescribe by rule the refund formula. If the rebate otherwise required is less than one dollar ($1.00), no rebate need be made.
(b) Upon prepayment in full of a consumer credit sale, refinancing, or consolidation, other than one (1) pursuant to a revolving charge account, if the credit service charge then earned is less than any permitted minimum credit service charge (W.S. 40-14-212(f)) contracted for, whether or not the sale, refinancing, or consolidation is precomputed, the seller may collect or retain the minimum charge, as if earned, not exceeding the credit service charge contracted for.
(c) If a deferral (W.S. 40-14-215) has been agreed to, the unearned portion of the credit service charge shall be computed without regard to the deferral. The amount of deferral charge earned at the date of prepayment shall also be calculated. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the credit service charge. If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the credit service charge or shall be added to the unpaid balance.
(d) This section does not preclude the collection or retention by the seller of delinquency charges (W.S. 40-14-214).
(e) If the maturity is accelerated for any reason and judgment is obtained, the buyer is entitled to the same rebate as if payment had been made on the date judgment is entered.
(f) Upon prepayment in full of a consumer credit sale by the proceeds of consumer credit insurance (W.S. 40-14-403), the buyer or his estate is entitled to the same rebate as though the buyer had prepaid the agreement on the date the proceeds of the insurance are paid to the seller, but no later than ten (10) business days after satisfactory proof of loss is furnished to the seller.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-222 - Applicability; Information Required.

40-14-222. Applicability; information required.
(a) For purposes of this part, consumer credit sale includes the sale of an interest in land without regard to the rate of the credit service charge if the sale is otherwise a consumer credit sale (W.S. 40-14-204).
(b) Repealed by Laws 1982, ch. 61, 2.
(c) Repealed by Laws 1982, ch. 61, 2.
(d) The lessor shall disclose to the lessee to whom credit is extended with respect to a consumer lease the information required by this part.
(e) Repealed By Laws 2013, Ch. 124, 3.
(f) Disclosure and advertising of consumer credit shall be made pursuant to the federal Consumer Credit Protection Act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-225 - Statement of Rate.

40-14-225. Statement of rate.
(a) Repealed by Laws 1982, ch. 61, 2.
(b) Repealed by Laws 1982, ch. 61, 2.
(c) Repealed by Laws 1982, ch. 61, 2.
(d) Repealed by Laws 1982, ch. 61, 2.
(e) A statement of rate complies with this part if it does not vary from the accurately computed rate by more than the following tolerances:
(i) The annual percentage rate may be more or less than the actual rate by not more than one-eighth of one percent (.125%) or may be rounded to the nearest one-fourth of one percent (.25%) for consumer credit sales payable in substantially equal installments when a seller determines the total credit service charge on the basis of a single add-on, discount, periodic or other rate, and the rate is converted into an annual percentage rate under procedures prescribed by rule by the administrator;
(ii) The administrator may authorize by rule the use of rate tables or charts which may provide for the disclosure of annual percentage rates which vary from the rate determined in accordance with paragraph (i) of this subsection by not more than the tolerances the administrator may allow; the administrator may not allow a tolerance greater than eight percent (8%) of that rate except to simplify compliance where irregular payments are involved; and
(iii) In case a seller determines the annual percentage rate in a manner other than as described in paragraph (i) or (ii) of this subsection, the administrator may authorize by rule other reasonable tolerances.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-235 - Scope; Violations of Federal Military Lending Act.

40-14-235. Scope; violations of federal Military Lending Act.
(a) This part applies to consumer credit sales and consumer leases.
(b) The administrator may seek an appropriate remedy, penalty, action or license revocation or suspension as provided in articles 5 and 6 of this chapter against a person licensed under this act for a violation of 10 U.S.C. 987 or any rule promulgated that is authorized by that section.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-236 - Use of Multiple Agreements.

40-14-236. Use of multiple agreements.
A seller may not use multiple agreements with intent to obtain a higher credit service charge than would otherwise be permitted by this article or to avoid disclosure of an annual percentage rate pursuant to the laws relating to disclosure and advertising. The excess amount of credit service charge provided for in agreements in violation of this section is an excess charge for the purposes of the provisions on the effect of violations on rights of parties (W.S. 40-14-521) and the provisions on civil actions by administrator (W.S. 40-14-613).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-237 - Certain Negotiable Instruments Prohibited.

40-14-237. Certain negotiable instruments prohibited.
In a consumer credit sale or consumer lease the seller or lessor may not take a negotiable instrument other than a check as evidence of the obligation of the buyer or lessee. A holder is not in good faith if he takes a negotiable instrument with notice that it is issued in violation of this section. A holder in due course is not subject to the liabilities set forth in the provisions on the effect of violations on rights of parties (W.S. 40-14-521) and the provisions on civil actions by administrator (W.S. 40-14-613).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-238 - When Assignee Not Subject to Defenses.

40-14-238. When assignee not subject to defenses.
(a) With respect to a consumer credit sale or consumer lease an agreement by the buyer or lessee not to assert against an assignee a claim or defense arising out of the sale or lease is enforceable only by an assignee not related to the seller or lessor who acquires the buyer's or lessee's contract in good faith and for value, who gives the buyer or lessee notice of the assignment as provided in this section and who, within forty-five (45) days after the mailing of the notice of assignment, receives no written notice of the facts giving rise to the buyer's or lessee's claim or defense. This agreement is enforceable only with respect to claims or defenses which have arisen before the end of the forty-five (45) day period after notice was mailed. The notice of assignment shall be in writing and addressed to the buyer or lessee at his address as stated in the contract, identify the contract, describe the goods or services, state the names of the seller or lessor and buyer or lessee, the name and address of the assignee, the amount payable by the buyer or lessee and the number, amounts and due dates of the installments, and contain a conspicuous notice to the buyer or lessee that he has forty-five (45) days within which to notify the assignee in writing of any complaints, claims or defenses he may have against the seller or lessor and that if written notification of the complaints, claims or defenses is not received by the assignee within the forty-five (45) day period, the assignee will have the right to enforce the contract free of any claims or defenses the buyer or lessee may have against the seller or lessor which have arisen before the end of the forty-five (45) day period after notice was mailed.
(b) An assignee does not acquire a buyer's or lessee's contract in good faith within the meaning of subsection (a) of this section if the assignee has knowledge or, from his course of dealing with the seller or lessor or his records, notice of substantial complaints by other buyers or lessees of the seller's or lessor's failure or refusal to perform his contracts with them and of the seller's or lessor's failure to remedy his defaults within a reasonable time after the assignee notifies him of the complaints.
(c) To the extent that under this section an assignee is subject to claims or defenses of the buyer or lessee against the seller or lessor, the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee and rights of the buyer or lessee under this section can only be asserted as a matter of defense to or setoff against a claim by the assignee.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-239 - Balloon Payments.

40-14-239. Balloon payments.
With respect to a consumer credit sale, other than one pursuant to a revolving charge account, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due if the seller is still offering that type of credit and the buyer is creditworthy. Credit terms shall be as favorable as those offered to the general public by the seller for the same type of sale at the time a request for refinancing is approved. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-240 - Restriction on Liability in Consumer Lease.

40-14-240. Restriction on liability in consumer lease.
The obligation of a lessee upon expiration of a consumer lease may not exceed twice the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased property or for other default.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-241 - Security in Sales or Leases.

40-14-241. Security in sales or leases.
(a) With respect to a consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is one thousand dollars ($1,000.00) or more, or, in the case of a security interest in goods the debt secured is three hundred dollars ($300.00) or more. Except as provided with respect to cross-collateral (W.S. 40-14-242), a seller may not otherwise take a security interest in property of the buyer to secure the debt arising from a consumer credit sale.
(b) With respect to a consumer lease a lessor shall not take a security interest in property of the lessee to secure the debt arising from the lease. This subsection does not apply to a security deposit for a consumer lease.
(c) A security interest taken in violation of this section is void.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 14 - Wyoming Uniform Consumer Credit Code › Article 2 - Credit Sales › Section 40-14-242 - Cross-Collateral.

40-14-242. Cross-collateral.
(a) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases (W.S. 40-14-241), a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt.
(b) If the seller contracts for a security interest in other property pursuant to this section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing (W.S. 40-14-217(a)(i)). The seller has a reasonable time after so contracting to make any adjustments required by this section. "Seller" in this section does not include an assignee not related to the original seller.