Wyoming Consumer Law

In Wyoming, the mini-FTC act is the Consumer Protection Act, Wyo. Stat. Ann. §§40-12-101 to 40-12-114.  Under this legislation, plaintiffs have a cause of action only if a business knowingly committed an unlawful deceptive trade practice.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct. There is a statute of limitations for actions concerning cured but not uncured unlawful deceptive trade practices under the statute of one year after furnishing notice.  A   The consumer must give written pre-suit notice to the defendant either within one year after the initial discovery of the unlawful deceptive trade practice or within two years following the consumer transaction at issue, whichever occurs first. 

Through public enforcement, a successful plaintiff is entitled to a temporary restraining order, a preliminary or permanent injunction, actual damages, equitable relief, and a civil penalty up to $10,000 for initial, willful violations as potential remedies for a violation.  Through private enforcement by consumers or through a class action, a successful plaintiff is entitled to compensatory damages as potential remedies for a violation.  Damages under the statute are not capped, and attorney’s fees are recoverable only in class actions, in actions for willful violations against a person over 60 or with disabilities where the perpetrator should have known his or her conduct was unfair or deceptive, and in publicly initiated actions where civil penalties are assessed.  Attorney’s fees are not recoverable in individual actions by consumers.  Class actions are permitted under the statute.