§ 40-14-120 — Territorial application

Wyoming § 40-14-120

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 1: GENERAL PROVISIONS AND DEFINITIONS

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(a) Except as otherwise provided in this section, this act
applies to consumer credit transactions made in this state. For
purposes of this act, a consumer credit transaction is made in
this state if:
(i) A signed writing evidencing the obligation or
offer of the consumer is received by the creditor or person
acting on behalf of the creditor in this state;
(ii) Repealed By Laws 2013, Ch. 124, § 3.
(iii) The credit transaction is secured by a
dwelling, as defined in W.S. 40-14-640(a), located in Wyoming;
or
(iv) A consumer who is a resident of this state
enters into a consumer credit transaction while in this state
with a creditor who has offered or advertised in this state by
means, including but not limited to mail brochure, telephone,
print, radio, television, internet or other electronic means.
(b) With respect to sales made pursuant to a revolving
charge account (W.S. 40-14-208), this act applies if the buyer's
communication or indication of his intention to establish the
account is received by the seller in this state. If no
communication or indication of intention is given by the buyer
before the first sale, this act applies if the seller's
communication notifying the buyer of the privilege of using the
account is mailed or personally delivered in this state.
(c) With respect to loans made pursuant to a lender credit
card or similar arrangement (W.S. 40-14-140(a)(ix)), this act
applies if the debtor's communication or indication of his
intention to establish the arrangement with the lender is
received by the lender in this state. If no communication or
indication of intention is given by the debtor before the first
loan, this act applies if the lender's communication notifying
the debtor of the privilege of using the arrangement is mailed
or personally delivered in this state.
(d) The part on limitations on creditors' remedies (part
1) of the article on remedies and penalties (article 5) applies
to actions or other proceedings brought in this state to enforce
rights arising from consumer credit sales, consumer leases, or
consumer loans, or extortionate extensions of credit, wherever
made.
(e) If a consumer credit sale, consumer lease, or consumer
loan, or modification thereof, is made in another state to a
person who is a resident of this state when the sale, lease,
loan, or modification is made, the following provisions apply as
though the transaction occurred in this state:
(i) A seller, lessor, lender, or assignee of his
rights, may not collect charges through actions or other
proceedings in excess of those permitted by the article on
credit sales (article 2) or by the article on loans (article 3);
and
(ii) A seller, lessor, lender, or assignee of his
rights, may not enforce rights against the buyer, lessee, or
debtor, with respect to the provisions of agreements which
violate the provisions on limitations on agreements and
practices (part 4) of the article on credit sales (article 2) or
of the article on loans (article 3).
(f) Except as provided in subsection (d) of this section,
a sale, lease, loan or modification thereof, made in another
state to a person who was not a resident of this state when the
sale, lease, loan, or modification was made is valid and
enforceable in this state according to its terms to the extent
that it is valid and enforceable under the laws of the state
applicable to the transaction.
(g) For the purposes of this act, the residence of a
buyer, lessee, or debtor is the address given by him as his
residence in any writing signed by him in connection with a
credit transaction. Until he notifies the creditor of a new or
different address, the given address is presumed to be
unchanged.
(h) Notwithstanding other provisions of this section:
(i) Except as provided in subsection (d) of this
section, this act does not apply if the buyer, lessee, or debtor
is not a resident of this state at the time of a credit
transaction and the parties then agree that the law of his
residence applies; and
(ii) This act applies if the buyer, lessee, or debtor
is a resident of this state at the time of a credit transaction
and the parties then agree that the law of this state applies.
(j) Except as provided in subsection (h) of this section,
the following agreements by a buyer, lessee, or debtor are
invalid with respect to consumer credit sales, consumer leases,
consumer loans, or modifications thereof, to which this act
applies:
(i) That the law of another state shall apply;
(ii) That the buyer, lessee, or debtor consents to
the jurisdiction of another state; and
(iii) That fixes venue.
(k) The following provisions of this act specify the
applicable law governing certain cases:
(i) Applicability (W.S. 40-14-602) of the part on
powers and functions of administrator (part 1) of the article on
administration (article 6); and
(ii) Applicability (W.S. 40-14-630) of the part on
notification and fees (part 2) of the article on administration
(article 6).