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Unfair and Deceptive Practices

W.S. 40-12-109 — written notice to the business first, and fifteen days for it to offer a cure

A business commits a deceptive trade practice when, in a consumer transaction, it knowingly misrepresents what it sells, its source, quality, sponsorship or reason for sale, refuses to show what it advertised, or engages in other unfair or deceptive acts.

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Who handles this in Wyoming: Wyoming Attorney General, Consumer Protection Unit; and legal aid programs, lawyer referral and the state offices, listed in the Wyoming directory.

  • Before suing, the consumer gives the business written notice describing the practice and the actual damage, within one year after discovering it and within two years after the transaction, whichever comes first.
  • If the business makes no written offer to cure within fifteen days, or does not carry out a cure that was accepted, the practice is uncured.
  • A cure is a written offer to adjust the transaction to what the consumer was led to expect, or to rescind it.
  • The suit is brought within one year after the notice.

A consumer who relied on an uncured practice may recover the damages actually suffered, and may bring a class action for others harmed the same way.

Sources for this section (4)
  1. W.S. 40-12-105 — Unlawful practices
  2. W.S. 40-12-102 — Definitions
  3. W.S. 40-12-108 — Private remedies
  4. W.S. 40-12-109 — Limitation of actions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.

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