§ 40-12-105 — Unlawful practices

Wyoming § 40-12-105

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 1: IN GENERAL

Text

(a) A person engages in a deceptive trade practice
unlawful under this act when, in the course of his business and
in connection with a consumer transaction, he knowingly:
(i) Represents that merchandise has a source, origin,
sponsorship, approval, accessories or uses it does not have;
(ii) Represents that he has a sponsorship, approval
or affiliation he does not have;
(iii) Represents that merchandise is of a particular
standard, grade, style or model, if it is not;
(iv) Represents that merchandise is available to the
consumer for a reason that does not exist;
(v) Represents that merchandise has been supplied in
accordance with a previous representation, if it has not; except
that this subsection does not apply to merchandise supplied to
the recipient by mistake or merchandise of equal or greater
value supplied as a reasonably equivalent substitute for
unavailable merchandise previously ordered by the recipient;
(vi) Represents that replacement or repair is needed,
if it is not;
(vii) Makes false or misleading statements of fact
concerning the price of merchandise or the reason for, existence
of, or amounts of a price reduction;
(viii) Represents that a consumer transaction
involves a warranty, a disclaimer of warranties, particular
warranty terms, or other rights, remedies or obligations if the
representation is false;
(ix) Represents that the consumer will receive a
rebate, discount or other benefit as an inducement for entering
into a consumer transaction in return for giving the supplier
the names of prospective consumers or otherwise helping the
supplier to enter into other consumer transactions, if receipt
of the benefit is contingent upon an event occurring after the
consumer enters into the transaction;
(x) Advertises merchandise with intent not to sell it
as advertised;
(xi) Advertises merchandise with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses the limitation;
(xii) Represents that merchandise is original or new
if he knows that it is deteriorated, damaged, altered,
reconditioned, reclaimed, used or secondhand. For purposes of
this subsection, the terms "original" or "new" include
merchandise previously sold but returned within a reasonable
time by the consumer for full credit if such merchandise is not
damaged or deteriorated;
(xiii) Advertises under the guise of obtaining sales
personnel when in fact the purpose of the advertisement is to
sell merchandise to the sales personnel applicants;
(xiv) Employs "bait and switch" advertising which
consists of an offer to sell merchandise which the seller does
not intend to sell, which advertising is accompanied by one (1)
or more of the following practices:
(A) Refusal to show the merchandise advertised;
(B) False disparagement in any respect of the
advertised merchandise or the terms of sale;
(C) Requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the advertised
merchandise;
(D) Knowingly showing or demonstrating defective
merchandise which is unusable or practicable for the purpose set
forth in the advertisement;
(E) Accepting a deposit for the merchandise and
subsequently charging the buyer for a higher priced item without
his consent; or
(F) Willful failure to either make deliveries of
the merchandise or to make a refund therefor.
(xv) Engages in unfair or deceptive acts or
practices;
(xvi) Violates W.S. 40-12-601;
(xvii) Willfully fails to comply with the duties
imposed by W.S. 34-29-106.