§ 40-14-613 — Civil actions

Wyoming § 40-14-613

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 6: ADMINISTRATION

Text

(a) After demand, the administrator may bring a civil
action against a creditor for making or collecting charges in
excess of those permitted by this act. An action may relate to
transactions with more than one (1) debtor. If it is found that
an excess charge has been made, the court shall order the
respondent to refund to the debtor or debtors the amount of the
excess charge. If a creditor has made an excess charge in
deliberate violation of or in reckless disregard for this act,
or if a creditor has refused to refund an excess charge within a
reasonable time after demand by the debtor or the administrator,
the court may also order the respondent to pay to the debtor or
debtors a civil penalty in an amount determined by the court not
in excess of the greater of either the amount of the credit
service or loan finance charge or ten (10) times the amount of
the excess charge. Refunds and penalties to which the debtor is
entitled pursuant to this subsection may be set off against the
debtor's obligation. If a debtor brings an action against a
creditor to recover an excess charge or civil penalty, an action
by the administrator to recover for the same excess charge or
civil penalty shall be stayed while the debtor's action is
pending and shall be dismissed if the debtor's action is
dismissed with prejudice or results in a final judgment granting
or denying the debtor's claim. 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. If the creditor establishes by a preponderance of
evidence that a violation is unintentional or the result of a
bona fide error, no liability to pay a penalty shall be imposed
under this subsection.
(b) The administrator may bring a civil action against a
creditor or a person acting in his behalf to recover a civil
penalty for willfully violating this act, and if the court finds
that the defendant has engaged in a course of repeated and
willful violations of this act, it may assess a civil penalty of
no more than five thousand dollars ($5,000.00). No civil penalty
pursuant to this subsection may be imposed for violations of
this act occurring more than two (2) years before the action is
brought or for making unconscionable agreements or engaging in a
course of fraudulent or unconscionable conduct.