Title 40 · WY
40-19-108(a)(xi); and
Citation: Wyo. Stat. § 40-19-108
Section: 40-19-108
40-19-108(a)(xi); and
(iii) Any applicable reinstatement fee as limited by W.S. 40-19-108(a)(x) and (xi). (b) In the case of a consumer who has paid less than two-thirds (2/3) of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property within seven (7) days of the renewal date, other than through judicial process, the consumer may reinstate the agreement during a period of not less than twenty-one (21) days after the date of the return of the property.
(c) In the case of a consumer who has paid two-thirds (2/3) or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property within seven (7) days of the renewal date, other than through judicial process, the consumer may reinstate the agreement during a period of not less than thirty (30) days after the date of the return of the property.
(d) Nothing in this section shall prevent a merchant from attempting to repossess the property. Repossession within seven (7) days of the renewal date shall not affect the consumer's right to reinstate. Upon reinstatement, the merchant shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
40-19-111. Liability damage waivers; fees.
(a) A consumer and merchant may contract for a liability damage waiver in physical or digital format. The selling or offering for sale of a liability damage waiver pursuant to this act shall be subject to the following prohibitions and requirements:
(i) A merchant may not sell or offer to sell a liability damage waiver unless all restrictions, conditions and exclusions are printed in an agreement separate from the rental-purchase agreement;
(ii) The liability damage waiver contract shall include a statement of the fee for the liability damage waiver and shall display the following notice printed or typed in a size equal to or greater than ten (10) point bold type or, when disclosed in a digital format, outlined with a noticeable box in a type size equal to or larger than any surrounding language and in every instance disclosed in a clear and conspicuous manner: NOTICE: THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY. BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR HOMEOWNER'S OR CASUALTY INSURANCE, IF ANY, AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL PROPERTY AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE.
40-19-112. Renegotiations and extensions.
(a) A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by W.S. 40-19-107 is changed by agreement between the merchant and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the merchant to give all the disclosures required by W.S. 40-19-107.
(b) The following acts shall not be considered to be a renegotiation:
(i) Reinstatement of a rental-purchase agreement in accordance with W.S. 40-19-110;
(ii) A merchant's waiver or failure to assert any claim against the consumer;
(iii) A deferral, extension or waiver of a portion of a periodic payment or of one (1) or more periodic payments; or
(iv) A change, made at the consumer's request, of the day of the week or month on which periodic payments are to be made.
40-19-113. Advertising.
(a) An advertisement for a rental-purchase agreement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state the following:
(i) The transaction advertised is a rental-purchase agreement;
(ii) The total number and total amount of periodic payments necessary to acquire ownership of the item; and (iii) That the consumer acquires no ownership rights in the item unless the total amount necessary to acquire ownership is paid.
(b) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable for the requirements in this section.
(c) The provisions of subsection (a) of this section shall not apply to any advertisement which does not refer to or state the amount of any payment.
(d) Every item displayed or offered under a rental-purchase agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals each of the following:
(i) The cash sale price of the item;
(ii) The amount of the periodic payment; and
(iii) The total number and total amount of periodic payments necessary to acquire ownership.
(e) An advertisement for a rental-purchase agreement in any language other than English shall contain disclosures as required by this section in that language.
(f) For rental-purchase property displayed or offered to a consumer by means of an online rental purchase agreement or via electronic commerce or other digital transaction means, whether at a merchant's place of business or an independent third-party retailer location, a merchant may disclose the information required by this section, including the information under subsection (d) of this section, in a digital format. A merchant's disclosure in a digital format shall constitute the tag or card under subsection (d) of this section, if the disclosure is made before disclosing the information required under W.S. 40-19-107, includes all information required by subsection (d) of this section and is clear and conspicuous. A disclosure in digital format under this section shall include an outline of the disclosure with a noticeable box in a type size equal to or larger than any surrounding language and in every instance be presented in a clear and conspicuous manner.
40-19-114. License required; application for license; fee; qualifications. (a) Any person acting as a merchant, as defined by W.S.