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23LSO-0633
2023
STATE OF WYOMING
23LSO-0633
Numbered
2.0
HOUSE BILL NO. HB0268
Wyoming Consumer Rental-Purchase Agreement Act-amendments.
Sponsored by: Representative(s) Burkhart, Larsen, L, Niemiec and Northrup and Senator(s) Case
A BILL
for
AN ACT relating to trade and commerce; amending the Wyoming Consumer Rental-Purchase Agreement Act as specified; amending licensing requirements; providing for digital agreements; providing a definition; providing limitations; allowing for the inspection of records; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 40
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19
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102(a) by creating a new paragraph (xii) and by renumbering (xii) as (xiii), 40
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107(a)(intro), (xi) and (xiii), 40
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111(a)(intro) and (ii), 40
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113 by creating new subsections (f) and (g), 40
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114(f) and (g) and 40
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118 by creating new subsections (g) and (h) are amended to read:
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19
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102.
Definitions.
(a)
As used in this act:
(xii)
"Rental
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purchase property" means personal property displayed or offered primarily for rental
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purchase pursuant to a rental
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purchase agreement;
(xii)
(xiii)
"This act" means W.S. 40
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19
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101 through 40
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19
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120.
40
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19
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107.
Disclosures.
(a)
For each rental
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purchase agreement, the merchant shall disclose in the agreement
, which may be provided in a digital format,
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,
in accordance with the terms of the rental
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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 size equal to or larger than any surrounding language
:
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.
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19
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111.
Liability damage waivers; fees.
(a)
A consumer and merchant may contract for a liability damage waiver
in writing or in a 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:
(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
:
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.
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19
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113.
Advertising.
(f)
For rental
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purchase property displayed or offered online that a consumer can rental purchase by means of an online rental
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purchase agreement or via electronic commerce or other digital transaction means, a merchant may disclose the information and provide the notices required by this act, including the information under subsection (d) of this section, in a digital format. The disclosure under subsection (d) of this section must be made before disclosing the information required under W.S. 40
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107 and, if disclosed in a digital format, shall be outlined with a noticeable box in a type size equal to or larger than any surrounding language.
(g)
When personal property that is not rental
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purchase property is offered for rental purchase by a merchant and becomes rental
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purchase property, the merchant may disclose the information and provide the notices required by this act, including the information under subsection (d) of this section, to a consumer in a digital format. The disclosure under subsection (d) of this section must be made before disclosing the information required under W.S. 40
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107 and, if disclosed by digital means, shall be outlined with a noticeable box in a type size equal to or larger than any surrounding language.
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19
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114.
License required; application for license; fee; qualifications.
(f)
Each office or place of business shall be licensed separately.
A merchant shall be required to obtain a single statewide license with respect to all transactions it offers to consumers online or through the location of third
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party retailers. Merchants that offer rental
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purchase property from the merchants' physical locations shall be required to obtain a separate license for each physical office or place of business that is open to consumers.
(g)
Each license shall state the address of the office from which the business is to be conducted and the name of the licensee.
The license shall be prominently displayed at the place of business named in the license
if the merchant operates a physical location that is open to consumers
.
The license shall not be transferable or assignable.
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19
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118.
Powers and functions of the administrator; enforcement; penalties.
(g)
In addition to the enforcement powers provided in this act, the administrator may, regardless of any complaint by a consumer, periodically examine the books, accounts, papers, correspondence and any records of any merchant licensed under this act. After notice and hearing, the administrator may decline to renew a license, or suspend or revoke any license issued pursuant to this act for violating any provision of this act, or any rules promulgated by the administrator. In lieu of or in addition to any denial, suspension or revocation, the administrator may order the refund of any unlawful or excessive fees, enter a cease and desist order or impose an administrative fine in an amount not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00) for each violation of this act, not to exceed five thousand dollars ($5,000.00) for all violations by a merchant.
(h)
Where there are multiple consumers to a rental
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purchase agreement, there shall be no more than one (1) recovery under this section for a violation.
Section 2
.
This act is effective July 1, 2023
.
(END)
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HB0268