Consumer protection act amendments.

Plain English Breakdown

The official source material does not provide specific details on how much notice must be given in other types of cases, and it is unclear if this change will lead to more lawsuits being filed or its overall impact.

Changes to Consumer Protection Laws

This law changes how consumer protection cases are handled by removing notice requirements and allowing for quicker court action.

What This Bill Does

• Removes the requirement that the Attorney General must give advance notice before starting a lawsuit against someone who has broken consumer protection laws.
• Allows courts to issue temporary restraining orders, including ex parte temporary restraining orders, without prior notice when dealing with violations of consumer protection laws.
• Adds ex parte temporary restraining orders as an available remedy for preventing unlawful business practices.

Who It Names or Affects

• The Attorney General and other enforcing authorities who handle consumer protection cases.
• Businesses and individuals accused of breaking consumer protection laws.
• Courts that deal with consumer protection lawsuits.

Terms To Know

Ex parte

A legal proceeding or order made by a judge without the other party being present or notified beforehand.

Limits and Unknowns

• The law does not specify how much notice must be given in other types of cases.
• It is unclear if this change will lead to more consumer protection lawsuits being filed.
• The effectiveness and impact on consumer rights are yet to be seen.

Official Summary Text

Bill Summary - 20LSO-0186
Bill No.:

SF0011

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0186

Enrolled Act No.:

SEA No. 0002

Chapter No.:

13

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Consumer protection act amendments.

Subject:

Amending notice requirements and available remedies for consumer-protection actions.

Summary/Major Elements:

Under current law, the Attorney General can initiate a lawsuit against any person who has engaged in unlawful business practices by giving notice before commencing that lawsuit and by giving the person a reasonable opportunity to show why the lawsuit should not be commenced.

The act removes the advance notice requirements before the Attorney General can commence a consumer protection lawsuit.

The act also provides that ex
parte
temporary restraining orders are an available remedy for restraining and preventing violations of the consumer protection statutes.

The act also makes a conforming amendment to strike a redundant reference regarding exclusive remedies.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

20LSO-0186

ORIGINAL Senate

File No
.
SF0011

ENROLLED ACT NO. 2,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to trade and commerce; amending notice requirements for temporary restraining orders and injunctions in actions relating to consumer protection; providing for the issuance of ex parte temporary restraining orders; amending available remedies; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 40
‑
12
‑
106 is amended to read:

40
‑
12
‑
106.

Restraining unlawful practices.

Whenever the enforcing authority has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any practice which is unlawful under W.S. 40
‑
12
‑
104 or 40
‑
12
‑
105, and that proceedings would be in the public interest, he may bring an action in the name of this state against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such practice
.
, upon the giving of appropriate notice to that person. The notice must state generally the relief sought and must be served in accordance with the Wyoming Rules of Civil Procedure. Before commencing any action, the enforcing authority shall give the person against whom proceedings are contemplated a reasonable opportunity to show why proceedings should not be instituted.
The action may be brought in the district court of the county in which the person resides or has his principal place of business or in the district court of Laramie county, Wyoming. The district court may issue temporary restraining orders
, including ex parte temporary restraining orders,
or preliminary or permanent injunctions, in accordance with the principles of equity,
to restrain and prevent violations of this act. The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or restoration of money or property, real or personal, which may have been acquired by means or any act or practice restrained.
The remedies provided by this section, W.S. 40
‑
12
‑
108 and 40
‑
12
‑
111 shall be the exclusive remedies for violations of this act.

Section 2
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1