(a)A merchant who fails to comply with a requirement
imposed in W.S. 40-19-106 through 40-19-112 or 40-12-104 shall
be liable to the consumer damaged thereby in an amount equal to
the greater of:
(i)The actual damages sustained by the consumer as a
result of the violation, plus the costs of the action and
reasonable attorney's fees;
(ii)In the case of an individual action, twenty-five
percent (25%) of the total payments necessary to acquire
ownership but not less than one hundred dollars ($100.00) nor
greater than one thousand dollars ($1,000.00), plus the costs of
the action and reasonable attorney's fees; or
(iii)In the case of a class action, the amount the
court determines to be appropriate with no minimum recovery as
to each member, plus the costs of the action and reasonable
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(a) A merchant who fails to comply with a requirement
imposed in W.S. 40-19-106 through 40-19-112 or 40-12-104 shall
be liable to the consumer damaged thereby in an amount equal to
the greater of:
(i) The actual damages sustained by the consumer as a
result of the violation, plus the costs of the action and
reasonable attorney's fees;
(ii) In the case of an individual action, twenty-five
percent (25%) of the total payments necessary to acquire
ownership but not less than one hundred dollars ($100.00) nor
greater than one thousand dollars ($1,000.00), plus the costs of
the action and reasonable attorney's fees; or
(iii) In the case of a class action, the amount the
court determines to be appropriate with no minimum recovery as
to each member, plus the costs of the action and reasonable
attorney's fees. The total recovery in any class action or
series of class actions arising out of the same violation shall
not be more than the lesser of five hundred thousand dollars
($500,000.00) plus the costs of the action and reasonable
attorney's fees or one percent (1%) of the net worth of the
merchant plus the costs of the action and reasonable attorney's
fees. In determining the amount of any award in a class action,
the court shall consider, among other relevant factors, the
amount of actual damages awarded, the frequency and persistence
of the violation, the merchant's resources and the extent to
which the merchant's violation was intentional.
(b) In the case of an advertisement, any merchant who
fails to comply with the requirements of W.S. 40-19-113 with
regard to any consumer shall be liable to that consumer for
actual damages suffered from the violation, the costs of the
action and reasonable attorney's fees.
(c) If there are multiple merchants, liability shall be
imposed only on the merchant who made the disclosures. If no
disclosures have been given, liability shall be imposed on all
merchants.
(d) If there are multiple consumers in a rental-purchase
agreement, there shall be only one (1) recovery of damages under
subsection (a) of this section.
(e) Multiple violations in connection with a
rental-purchase agreement shall entitle the consumer to a single
recovery under this section.
(f) An action under this section shall be brought in any
court of competent jurisdiction within the greater of the
following times:
(i) Within two (2) years after the date the consumer
made his last rental payment; or
(ii) Within two (2) years after the date of the
occurrence of the violation that is the subject of the suit.