ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to trade and commerce; amending the Wyoming
Consumer Rental-Purchase Agreement Act as specified;
amending licensing requirements; amending disclosure
requirements; providing for digital agreements; providing
definitions; providing limitations; requiring rulemaking;
making conforming amendments; and providing for effective
dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 40-19-102(a)(i), (xi)(intro), by
creating new paragraphs (xii) through (xv) and by
renumbering (xii) as (xvi), 40-19-103, 40-19-106 by
creating a new subsection (g), 40-19-107(a)(xi) and (xiii),
40-19-108(a)(xi), 40-19-109(a) and (b), 40-19-111(a)(intro)
and (ii), 40-19-113 by creating a new subsection (f),
40-19-114(a) through (j), 40-19-115(a)(intro), (ii), (b)
through (e), (g) and by creating a new subsection (h) and
40-19-116 through 40-19-118 are amended to read:
40-19-102. Definitions.
(a) As used in this act:
(i) means the
state banking commissioner;
(xi) "Rental-purchase agreement" means an
agreement, which may be in digital form, between a consumer
and merchant for the use of property by the consumer
primarily for personal, family or household purposes:
(xii) "Independent third-party retailer
location" means a physical retail location open to
consumers in Wyoming, or an online presence, that is ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
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operated by a person who is not a merchant but where a
merchant regularly offers or displays property for use
under rental-purchase agreements;
(xiii) "Online presence" includes a website or
mobile application;
(xiv) "Place of business" means a merchant's
physical retail location open to consumers in Wyoming, or a
merchant's online presence, in each case where the merchant
regularly offers or displays the merchant's rental-purchase
property for use under rental-purchase agreements. "Place
of business" does not include an independent third-party
retailer location;
(xv) "Rental-purchase property" means property
displayed or offered primarily for rental-purchase pursuant
to a rental-purchase agreement;
(xii)(xvi)
through 40-19-120.
40-19-103. Notices.
Notices required by this act shall be given personally or
sent by first class or registered mail to the known
residential address of the consumer. Notice, if
by mail, is given when deposited in a mailbox properly
addressed and postage prepaid.
upon delivery of the communication to the consumer by email
or other electronic means if the consumer provides written
consent to receive notice by email or other electronic
means in response to a clear and conspicuous request for
consent. ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
340-19-106. General requirements of rental-purchase
agreements.
(g) A merchant may offer or display rental-purchase
property for use under rental-purchase agreements via a
website, mobile application, electronic application or
other digital or physical means made available by an
independent third-party retailer or by the merchant.
40-19-107. Disclosures.
(a) For each rental-purchase agreement, the merchant
shall disclose in the agreement the following items as
applicable:
(xi) A statement that the consumer may terminate
the agreement without penalty by voluntarily surrendering
or returning the property in good repair, reasonable wear
and tear excepted,
rental-purchase agreement, along with any past due rental
payments upon expiration of any rental period;
(xiii) 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 and size equal to or larger than
any surrounding language and in every instance disclosed in
a clear and conspicuous manner:
NOTICE TO CONSUMER
Do not sign this agreement before you read it or if it
contains blank spaces. You are entitled to a copy of the
agreement you sign DO NOT SIGN THIS AGREEMENT BEFORE YOU ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
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READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO
A COPY OF THE AGREEMENT YOU SIGN.
40-19-108. Prohibited provisions.
(a) A rental-purchase agreement shall not contain a:
(xi) Provision for a reinstatement fee or pickup
and redelivery fee in excess of the maximum amount set by
rule of the for property subject
to rental-purchase agreements; or
40-19-109. Default; notice of default and right to
cure.
(a) In any rental-purchase agreement, after a
consumer is in default for three (3) business days or more
and does not voluntarily surrender possession of the rented
property, a merchant may give the consumer the notice
provided in this section. Notice may be given to the
consumer under this section by the merchant personally
delivering the notice to the consumer or by mailing the
notice to the consumer's last known residential address.
Notice may also be given by delivering the communication to
the consumer by email or other electronic means if the
consumer provides written consent to receive notice by
email or other electronic means in response to a clear and
conspicuous request for consent.
(b) The notice shall be in writing and conspicuously
state the name, address and telephone number of the
merchant to whom payment is made, a brief identification of
the transaction, the consumer's right to cure any default,
the amount of payment and the date the payment shall be
made to cure the default. The notice shall be in ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
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substantially the form required by rule of the
administrator commissioner
40-19-111. Liability damage waivers; fees.
(a) A consumer and merchant may contract for a
liability damage waiver . The
selling or offering for sale of a liability damage waiver
pursuant to this act shall be subject to the following
prohibitions and requirements:
(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
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.
40-19-113. Advertising.
(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 ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
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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. 40-19-102(a)(viii), in this state shall be licensed
with a single statewide license to conduct such business
under this section.
(b) The shall receive and
act on all applications for licenses required under this
act. Applications shall be filed in the manner prescribed
by the and shall contain the
information the requires by rule
to make an investigation and evaluation of the financial
responsibility, experience and business qualification of
the applicant, and of the partners or members if the
applicant is a partnership or association, and of the
principal officers and directors if the applicant is a
corporation, such as to warrant belief that the business ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
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will be operated honestly and fairly within the purposes of
this act.
(c) The application for one (1) or more licenses
shall be accompanied by a processing fee not to exceed five
hundred dollars ($500.00) set by rule of the
commissioner. The fee shall be deposited by the
administrator
credited to the financial institutions administration
account. Funds from the account shall be expended to carry
out the duties of the . If the
expenses of the investigation and evaluation exceed the
amount of the fee, the applicant shall reimburse the
administrator the excess amount. If the
expenses of the investigation and evaluation are less than
the amount of the fee, the unexpended amount shall remain
within the account. If an application is withdrawn by the
applicant at any time prior to the completion of the
investigation and evaluation, the unexpended amount shall
remain within the account.
(d) Except as otherwise provided, fees collected by
the under this act shall be
deposited by the
treasurer and credited to the financial institutions
administration account. Expenditures shall be made from the
account by warrants drawn by the state auditor, upon
vouchers issued and signed by the
commissioner. The funds deposited in the account under
this act shall be expended only to carry out the duties of
the administrator commissioner.
(e) The applicant shall be notified when the
application is approved. Within twenty (20) days after
notification, the applicant shall pay an initial license ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
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fee
rule of the administrator
following:
(i) An amount not to exceed five hundred dollars
($500.00) for each place of business which is a physical
location, as set by rule of the commissioner;
(ii) An amount not to exceed one thousand
dollars ($1,000.00) if the applicant displays or offers
rental-purchase property through an independent third-party
retailer location regardless of the number of independent
third-party retailer locations, as set by rule of the
commissioner; and
(iii) An amount not to exceed five hundred
dollars ($500.00) if the applicant has a place of business
that is an online presence, and the applicant is not
subject to the amounts in paragraphs (i) or (ii) of this
subsection.
(f) Each , including
online presence, and independent third-party retailer
location as of the time of application shall be
separately
commissioner, provided that the independent third-party
retailer locations may be deemed confidential business
information and not subject to public disclosure.
(g) Each license shall state the address
the office
the name of the licensee. The license shall be prominently
displayed at place of business
license
consumers. ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
9
a place of business open to consumers, the license number
shall be clearly displayed at the online presence of the
licensee. The license shall not be transferable or
assignable.
(h) If a licensee wishes to move
primary address listed on the license to another location,
the licensee shall:
(i) Give written notice to the
commissioner at least thirty (30) days prior to the move;
and
(ii) Pay a license modification fee not to
exceed one hundred dollars ($100.00), as set by rule of the
administrator commissioner
(j) Each license issued under this section shall
expire on . The license shall be renewed
annually not less than thirty (30) days before the
expiration date
form designated by the commissioner. The
pay a renewal fee shall
five hundred dollars ($500.00), as set by rule of the
administrator only include the following:
(i) An amount not to exceed five hundred dollars
($500.00) for each place of business which is a physical
location, as set by rule of the commissioner;
(ii) An amount not to exceed one thousand
dollars ($1,000.00) if the applicant displays or offers
rental purchase property through an independent third-party
retailer location regardless of the number of independent ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
10
third-party retailer locations, as set by rule of the
commissioner; and
(iii) An amount not to exceed five hundred
dollars ($500.00) if the applicant has an online presence
that is a place of business, and the applicant is not
subject to the amounts in paragraph (i) or (ii) of this
subsection.
40-19-115. Revocation or suspension of license.
(a) The may issue to a
person licensed under this act an order to show cause why
his license should not be revoked or suspended for a period
not in excess of six (6) months. The order shall state the
place for a hearing and set a time for the hearing that is
no less than ten (10) days from the date of the order.
After the hearing the shall
revoke or suspend the license if he finds that:
(ii) Facts or conditions exist which would
clearly have justified the
refusing to grant a license had these facts or conditions
been known to exist at the time the application for the
license was made.
(b) No revocation or suspension of a license is
lawful unless prior to institution of proceedings by the
administrator notice is given to the licensee
of the facts or conduct which warrant the intended action
and the licensee is given an opportunity to show compliance
with all lawful requirements for retention of the license.
(c) If the finds that
probable cause for revocation of a license exists and that ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
11
enforcement of this act requires immediate suspension of a
license pending investigation, he may, after a hearing upon
five (5) days written notice, enter an order suspending the
license for not more than thirty (30) days.
(d) Whenever the revokes
or suspends a license, he shall enter an order to that
effect and immediately notify the licensee of the
revocation or suspension. Within five (5) days after the
entry of the order he shall deliver to the licensee a copy
of the order and the findings supporting the order.
(e) Any person holding a license under this act may
relinquish the license by notifying the
commissioner in writing of its relinquishment, but this
relinquishment shall not affect his liability for acts
previously committed.
(g) The may reinstate a
license, terminate a suspension or grant a new license to a
person whose license has been revoked or suspended if no
fact or condition then exists which clearly would have
justified the in refusing to
grant a license.
(h) In lieu of a revocation or suspension of a
license as provided in this section, the commissioner may
order a licensee to cease acting as a merchant at any place
of business or independent third-party retailer location
within Wyoming. Any order under this subsection is subject
to the same laws and regulations applicable to revocation
or suspension of a license.
40-19-116. Record retention. ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
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Every licensee shall maintain records in conformity with
generally accepted accounting principles and practices in a
manner which will enable the to
determine whether the licensee is complying with the
provisions of this act. The record keeping system of a
licensee shall be sufficient if he makes the required
information reasonably available to the
commissioner. The records pertaining to any rental-purchase
agreement need not be preserved for more than two (2) years
after making the final entry relating to the agreement.
40-19-117. Examination and investigation.
(a) Upon complaint the
examine and copy the records of a licensee. The
investigation may be made for the purposes of discovering
violations of this act or securing information lawfully
required. For these purposes he shall have free and
reasonable access during normal office hours to the
offices, places of business and records of the licensee.
Each licensee shall pay to the
an amount assessed by the to
cover the direct and indirect cost of an investigation
under this subsection.
(b) For the purposes of this section, the
administrator
affirmations, and upon his own motion or upon request of
any party may subpoena witnesses, compel their attendance,
adduce evidence and require the production of any matter
which is relevant to the investigation, including the
existence, description, nature, custody, condition and
location of any books, documents or other tangible things
and the identity and location of person having knowledge of ORIGINAL SENATE
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ENROLLED ACT NO. 42, SENATE
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2025 GENERAL SESSION
13
relevant facts or any other matter reasonably calculated to
lead to the discovery of admissible evidence.
(c) Upon failure without lawful excuse to obey a
subpoena or to give testimony and upon reasonable notice to
all persons affected thereby, the
commissioner may apply to the district court for an order
compelling compliance.
40-19-118. Powers and functions of the commissioner;
enforcement; penalties.
(a) Except as otherwise provided, the Wyoming
Administrative Procedure Act, W.S. 16-3-101 through
16-3-115, shall apply to and govern all administrative
actions taken by the pursuant to
this act.
(b) The may adopt rules
and regulations to implement and administer this act.
(c) After notice and hearing, the
commissioner may order a merchant or a person acting on his
behalf to cease and desist from engaging in violations of
this act. Any person aggrieved by an order of the
administrator
the order and the
order of the court for enforcement of his order in the
district court.
(d) The
action to restrain a merchant from violating the provisions
of this act and for other appropriate relief. ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
14(e) Any merchant refusing or obstructing access to
the
account, books, records or papers, refusing to furnish any
required information or hindering a full examination or
investigation of the accounts, books, records or papers is
guilty of a felony punishable by a fine of not less than
one thousand dollars ($1,000.00), imprisonment for a period
of not less than one (1) year, or both.
(f) Any merchant who wrongfully fails or refuses to
comply with an order of the as
may be provided under this act is guilty of a misdemeanor
punishable by a fine of not more than one hundred dollars
($100.00) per day for each day the order is not obeyed.
Section 2. A merchant with any office or place of
business licensed under W.S. 40-19-114(a) as amended by
this act, as of July 1, 2025 shall be considered licensed
statewide with the license expiring on December 31, 2025.
Section 3. The state banking commissioner shall
promulgate any rules necessary to implement this act. ORIGINAL SENATE
FILE NO. SF0146
ENROLLED ACT NO. 42, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
15Section 4.
(a) Except as provided in subsection (b) of this
section, this act is effective July 1, 2025.
(b)
immediately upon completion of all acts necessary for a
bill to become law as provided by Article 4, Section 8 of
the Wyoming Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk