§ 40-14-522 — Civil liability for violation of disclosure provisions

Wyoming § 40-14-522

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

Text

(a) Except as otherwise provided in this section, a
creditor who, in violation of the laws relating to disclosure,
other than the provisions on advertising (sections 2-313 and
3-312 [Repealed]), of the article on credit sales (article 2)
and the article on loans (article 3), fails to disclose
information to a person entitled to the information under this
act is liable to that person in an amount equal to the sum of:
(i) Twice the amount of the credit service or loan
finance charge in connection with the transaction, but the
liability pursuant to this paragraph shall be not less than one
hundred dollars ($100.00) or more than one thousand dollars
($1,000.00); and
(ii) In the case of a successful action to enforce
the liability under paragraph (a)(i) of this section, the costs
of the action together with reasonable attorney's fees as
determined by the court.
(b) A creditor has no liability under this section if
within fifteen (15) days after discovering an error, and prior
to the institution of an action under this section or the
receipt of written notice of the error, the creditor notifies
the person concerned of the error and makes whatever adjustments
in the appropriate account are necessary to assure that the
person will not be required to pay a credit service charge or
loan finance charge in excess of the amount or percentage rate
actually disclosed.
(c) A creditor may not be held liable in any action
brought under this section for a violation of this act if the
creditor shows by a preponderance of evidence that the violation
was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted
to avoid the error.
(d) Any action, which may be brought under this section
against the original creditor in any credit transaction which
does not involve a security interest in land, may be maintained
against any subsequent assignee of the original creditor where
the violation from which the alleged liability arose is apparent
on the face of the instrument assigned unless the assignment is
involuntary.
(e) Any action which may be brought under this section
against the original creditor in any credit transaction
involving a security interest in land may be maintained against
any subsequent assignee of the original creditor where the
assignee, its subsidiaries, or affiliates were in a continuing
business relationship with the original creditor either at the
time the credit was extended or at the time of the assignment,
unless the assignment was involuntary, or the assignee shows by
a preponderance of evidence that it did not have reasonable
grounds to believe that the original creditor was engaged in
violations of W.S. 40-14-101 through 40-14-649 and that it
maintained procedures reasonably adapted to apprise it of the
existence of the violations.
(f) No action pursuant to this section may be brought more
than one (1) year after the date of the occurrence of the
violation.
(g) Repealed by Laws 1988, ch. 49, § 2.