Wyoming § 40-12-304 Investigation of complaints; enforcement;
attorney's fees

Wyoming Statutes

§ 40-12-304 — Investigation of complaints; enforcement; attorney's fees

Wyoming·Title 40 Trade and Commerce·Ch. 12 CONSUMER PROTECTION·Art. 3 TELEPHONE SOLICITATION

(a)The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a willful violation of this article, the enforcing authority may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, as the court deems appropriate against the telephone solicitor or merchant. The civil penalty imposed shall be as follows:

(i)For the first violation, not to exceed five hundred dollars ($500.00);

(ii)For the second violation, not to exceed two thousand five hundred dollars ($2,500.00);

(iii)For the third and subsequent violations, not to exceed five thousand dollars ($5,000.00) per violation.

(b)An action under this section may be

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(a) The enforcing authority shall investigate any
complaints received concerning violations of this article. If,
after investigating any complaint, the enforcing authority finds
that there has been a willful violation of this article, the
enforcing authority may bring an action to impose a civil
penalty and to seek other relief, including injunctive relief,
as the court deems appropriate against the telephone solicitor
or merchant. The civil penalty imposed shall be as follows:
(i) For the first violation, not to exceed five
hundred dollars ($500.00);
(ii) For the second violation, not to exceed two
thousand five hundred dollars ($2,500.00);
(iii) For the third and subsequent violations, not to
exceed five thousand dollars ($5,000.00) per violation.
(b) An action under this section may be brought in the
district court of the county in which the telephone solicitor or
merchant resides or had its principle place of business or in
the district court of Laramie county Wyoming. The civil penalty
provided under this section may be recovered in any action
brought under this article by the enforcing authority, or the
enforcing authority may terminate any investigation or action
upon agreement by the telephone solicitor or merchant to pay a
stipulated civil penalty. The enforcing authority or the court
may waive any civil penalty if the telephone solicitor or
merchant has previously made full restitution or reimbursement
or has paid actual damages to the consumers who have been
injured by the violation.
(c) In any civil litigation resulting from a transaction
involving a violation of this article, the prevailing party,
after judgment in the trial court and exhaustion of all appeals,
if any, shall receive reasonable attorney's fees and costs from
the nonprevailing party.
(d) The remedies provided by this section are not
exclusive and shall not preclude the imposition of any other
relief or criminal penalties provided by law.
(e) It shall be an affirmative defense to an action
brought by an enforcing authority for a violation of W.S.
40-12-302(b) that the person called a consumer listed on the
national do-not-call list as a result of a good faith error.

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