§ 40-14-521 — Effect of violations on rights of parties

Wyoming § 40-14-521

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 5: REMEDIES AND PENALTIES

Text

(a) If a creditor has violated the provisions of this act
applying to certain negotiable instruments (W.S. 40-14-237), the
debtor is not obligated to pay the credit service charge or loan
finance charge, and has a right to recover from the person
violating this act or from an assignee of that person's rights
who undertakes direct collection of payments or enforcement of
rights arising from the debt a penalty in an amount determined
by the court not in excess of three (3) times the amount of the
credit service charge or loan finance charge. No action pursuant
to this subsection may be brought more than one (1) year after
the due date of the last scheduled payment of the agreement with
respect to which the violation occurred.
(b) If a creditor has violated the provisions of this act
applying to licensure to make consumer loans (W.S. 40-14-302),
the loan is void and the debtor is not obligated to pay either
the principal or loan finance charge. If he has paid any part of
the principal or of the loan finance charge, he has a right to
recover the payment from the person violating this act or from
an assignee of that person's rights who undertakes direct
collection of payments or enforcement of rights arising from the
debt. With respect to violations arising from other loans, no
action pursuant to this subsection may be brought more than one
(1) year after the due date of the last scheduled payment of the
agreement pursuant to which the charge was paid.
(c) A debtor is not obligated to pay a charge in excess of
that allowed by this act, and if he has paid an excess charge he
has a right to a refund. A refund may be made by reducing the
debtor's obligation by the amount of the excess charge. If the
debtor has paid an amount in excess of the lawful obligation
under the agreement, the debtor may recover the excess amount
from the person who made the excess charge or from an assignee
of that person's rights who undertakes direct collection of
payments from or enforcement of rights against debtors arising
from the debt.
(d) If a debtor is entitled to a refund and a person
liable to the debtor refuses to make a refund within a
reasonable time after demand, the debtor may recover from that
person a penalty in an amount determined by a court not
exceeding the greater of either the amount of the credit service
or loan finance charge or ten (10) times the amount of the
excess charge. If the creditor has made an excess charge in
deliberate violation of or in reckless disregard for this act,
the penalty may be recovered even though the creditor has
refunded the excess charge. No penalty pursuant to this
subsection may be recovered if a court has ordered a similar
penalty assessed against the same person in a civil action by
the administrator (W.S. 40-14-613). With respect to excess
charges arising from sales made pursuant to revolving charge
accounts or from loans made pursuant to revolving loan accounts,
no action pursuant to this subsection may be brought more than
two (2) years after the time the excess charge was made. With
respect to excess charges arising from other consumer credit
sales or consumer loans, no action pursuant to this subsection
may be brought more than one (1) year after the due date of the
last scheduled payment of the agreement pursuant to which the
charge was made.
(e) Except as otherwise provided, no violation of this act
impairs rights on a debt.
(f) If an employer discharges an employee in violation of
the provisions prohibiting discharge (W.S. 40-14-506), the
employee may within forty-five (45) days bring a civil action
for recovery of wages lost as a result of the violation and for
an order requiring the reinstatement of the employee. Damages
recoverable shall not exceed lost wages for six (6) weeks.
(g) If the creditor establishes by a preponderance of
evidence that a violation is unintentional or the result of a
bona fide error, no liability is imposed under subsections (a),
(b) and (d) of this section and the validity of the transaction
is not affected.
(h) In any case in which it is found that a creditor has
violated this act, the court may award reasonable attorney's
fees incurred by the debtor.