Wyoming Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Wyoming's lemon law covers self-propelled motor vehicles under 10,000 pounds unladen weight sold or registered in Wyoming. If a new vehicle does not conform to its express warranty and the consumer reports the problem within one year after delivery, the manufacturer must make the needed repairs, even after the year ends. If a defect that substantially impairs the vehicle's use and fair market value cannot be fixed after a reasonable number of attempts, the manufacturer must replace it with a new or comparable vehicle or take it back and refund the full purchase price, including collateral charges, minus a reasonable allowance for use. A reasonable number of attempts is presumed if, within one year after delivery, the same defect was subject to repair more than three times and continues, or the vehicle was out of service for a cumulative 30 business days; the manufacturer must first receive direct written notice and a chance to cure. A consumer must first use any qualifying manufacturer dispute program before seeking replacement or refund. An injured consumer may sue and recover reasonable attorney's fees.

A buyer may cancel a home solicitation sale until midnight of the third business day after signing a compliant agreement. This covers cash sales or leases of merchandise (other than farm equipment) over $25 that are personally solicited at the buyer's home, in person or by phone, where the buyer agrees there. Exclusions include sales under an existing revolving charge account, sales negotiated at the seller's fixed business location, and phone sales offering at least a 10-day full refund right. Notice must be written and is effective when mailed. The cancellation period does not start until the buyer receives a copy of the contract, the address for cancellation and a written statement of the right to cancel. The right does not apply to emergency requests where the seller has substantially begun performance. A similar right applies to consumer credit home solicitation sales under the Uniform Consumer Credit Code.

The Wyoming Consumer Protection Act lists unlawful deceptive trade practices, including false statements about price or price reductions, false warranty representations, and unfair or deceptive acts or practices generally. The Attorney General may investigate and sue in the State's name. A consumer who relied on an uncured unlawful deceptive trade practice may sue for the actual damages suffered, and class actions are allowed, with attorney's fees awarded to class plaintiffs who prove actual damages.

Wyoming makes it unlawful to engage in the business of debt adjusting: doing business in debt adjustment, budget counseling, debt management or debt pooling, or holding oneself out as helping debtors manage their debts, and contracting with a debtor for a fee to settle, compromise or discharge the debtor's debts or to receive the debtor's money and pay it out to creditors. Tax-exempt nonprofit consumer credit counseling services and lawyers admitted in Wyoming (and their firms) are excluded, and the ban does not apply to debt adjusting that happens in the practice of law. A violation is a misdemeanor punishable by a fine of up to $100, up to six months in county jail, or both, for each violation.

A person or business that conducts business in Wyoming and owns or licenses computerized personal identifying information about Wyoming residents must, on becoming aware of a breach, promptly investigate in good faith. If misuse of a resident's information has occurred or is reasonably likely, it must notify the affected resident as soon as possible, in the most expedient time possible and without unreasonable delay (delay is allowed if law enforcement determines in writing that notice would seriously impede an investigation).

The Attorney General's Consumer Protection and Antitrust Unit accepts written consumer complaints, online or on a downloadable form mailed to the Office of the Attorney General, Consumer Protection and Antitrust Unit, 109 State Capitol, Cheyenne, WY 82002; supporting documents can be emailed to ag.consumer@wyo.gov. The office reviews and responds in writing to all properly filed complaints and may forward a complaint to the business for a written response; it focuses investigations on patterns of unfair or deceptive practices. It cannot act as a private attorney or give legal advice, and does not handle private contract disputes or landlord-tenant matters. Phone: (307) 777-6397 or (307) 777-8962.

1) Report the problem to the manufacturer, its agent or an authorized dealer within one year after original delivery. 2) Written notice: the presumption that the manufacturer had a reasonable number of repair attempts does not apply unless the manufacturer received prior direct written notice from or on behalf of the consumer and had a reasonable opportunity to fix the defect. 3) Arbitration: if the manufacturer has an informal dispute settlement procedure that complies with federal law and rules, the consumer must use up that procedure before the refund-or-replacement remedy applies. The lemon law section does not create a state-run arbitration program or set a consumer fee. 4) Lawsuit: a consumer harmed by a violation may file a civil action and recover reasonable attorney's fees from the manufacturer. The lemon law section does not state a specific deadline to file a claim or lawsuit.