§ 40-12-301 — Definitions

Wyoming § 40-12-301

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 3: TELEPHONE SOLICITATION

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(a) As used in this article:
(i) "Caller identification service" means a type of
telephone service or system which allows telephone subscribers
to see the telephone numbers from which incoming telephone calls
are dialed;
(ii) "Consumer" means an actual or prospective
purchaser, lessee or recipient of consumer goods or services;
(iii) "Consumer goods or services" means any real
property or any tangible or intangible personal property or any
services which are marketed and intended to be used for
personal, family or household purposes, including, without
limitation, any such property intended to be attached to or
installed in any real property without regard to whether it is
so attached or installed, as well as cemetery lots and timeshare
estates;
(iv) "Doing business in this state" refers to
businesses which conduct telephonic sales calls from a location
in Wyoming or from other states or nations to consumers located
in Wyoming;
(v) "Enforcing authority" means the Wyoming attorney
general;
(vi) "Established business relationship" means a
prior or existing relationship formed by a voluntary two-way
communication between a seller or telephone solicitor and a
consumer with or without an exchange of consideration, on the
basis of an inquiry, application, purchase or transaction by the
consumer regarding products or services offered by such seller
or telephone solicitor which relationship has not been
previously terminated by either party;
(vii) "Merchant" means a person who, directly or
indirectly, offers or makes available to consumers any consumer
goods or services;
(viii) "National do-not-call list" means the list
maintained by the Telephone Preference Service of the Direct
Marketing Association, Inc., Farmingdale, New York, or its
successor organization;
(ix) "Telephonic sales call" means a call made by a
telephone solicitor to a consumer, for the purpose of soliciting
a sale of any consumer goods or services, for the purpose of
soliciting an extension of credit for consumer goods or
services, or for the purpose of obtaining information that will
or may be used for the direct solicitation of a sale of consumer
goods or services or an extension of credit for such purposes;
(x) "Telephone solicitor" means any natural person,
business entity or a subsidiary or affiliate thereof, doing
business in this state, who makes or causes to be made a
telephonic sales call, including, but not limited to, calls made
by use of automated dialing devices;
(xi) "Unpublished cellular telephone number" means a
cellular telephone number:
(A) That has not been requested by the
subscriber to be published in any telephone directory or any
list of telephone service subscribers; and
(B) Whose prefix or telephone number has been
determined by the public service commission to be primarily for
cellular telephone service.
(xii) "Unsolicited telephonic sales call" means a
telephonic sales call other than a call made:
(A) In response to an express request of the
person called;
(B) Primarily in connection with an existing
debt or contract, payment or performance of which has not been
completed at the time of the call;
(C) To any person with whom the telephone
solicitor had an established business relationship; or
(D) By a telephone solicitor or merchant making
less than two hundred twenty-five (225) unsolicited calls per
year.