Wyoming Statutes

Wyo. Stat. § 40-12-105 (2026)

Unlawful practices.

✓ current as of May 2026
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(a) A person engages in a deceptive trade practice
unlawful under this act when, in the course of his business and
in connection with a consumer transaction, he knowingly:

          (i) Represents that merchandise has a source, origin,
sponsorship, approval, accessories or uses it does not have;
          (ii) Represents that he has a sponsorship, approval
or affiliation he does not have;

          (iii) Represents that merchandise is of a particular
standard, grade, style or model, if it is not;

          (iv) Represents that merchandise is available to the
consumer for a reason that does not exist;

          (v) Represents that merchandise has been supplied in
accordance with a previous representation, if it has not; except
that this subsection does not apply to merchandise supplied to
the recipient by mistake or merchandise of equal or greater
value supplied as a reasonably equivalent substitute for
unavailable merchandise previously ordered by the recipient;

          (vi)   Represents that replacement or repair is needed,
if it is not;

          (vii) Makes false or misleading statements of fact
concerning the price of merchandise or the reason for, existence
of, or amounts of a price reduction;

          (viii) Represents that a consumer transaction
involves a warranty, a disclaimer of warranties, particular
warranty terms, or other rights, remedies or obligations if the
representation is false;

          (ix) Represents that the consumer will receive a
rebate, discount or other benefit as an inducement for entering
into a consumer transaction in return for giving the supplier
the names of prospective consumers or otherwise helping the
supplier to enter into other consumer transactions, if receipt
of the benefit is contingent upon an event occurring after the
consumer enters into the transaction;

          (x) Advertises merchandise with intent not to sell it
as advertised;

          (xi) Advertises merchandise with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses the limitation;

          (xii) Represents that merchandise is original or new
if he knows that it is deteriorated, damaged, altered,
reconditioned, reclaimed, used or secondhand. For purposes of
this subsection, the terms "original" or "new" include
merchandise previously sold but returned within a reasonable
time by the consumer for full credit if such merchandise is not
damaged or deteriorated;

          (xiii) Advertises under the guise of obtaining sales
personnel when in fact the purpose of the advertisement is to
sell merchandise to the sales personnel applicants;

          (xiv) Employs "bait and switch" advertising which
consists of an offer to sell merchandise which the seller does
not intend to sell, which advertising is accompanied by one (1)
or more of the following practices:

                 (A)   Refusal to show the merchandise advertised;

               (B) False disparagement in any respect of the
advertised merchandise or the terms of sale;

               (C) Requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the advertised
merchandise;

               (D) Knowingly showing or demonstrating defective
merchandise which is unusable or practicable for the purpose set
forth in the advertisement;

               (E) Accepting a deposit for the merchandise and
subsequently charging the buyer for a higher priced item without
his consent; or

               (F) Willful failure to either make deliveries of
the merchandise or to make a refund therefor.

          (xv)   Engages in unfair or deceptive acts or
practices;

         (xvi)    Violates W.S. 40-12-601;

          (xvii) Willfully fails to comply with the duties
imposed by W.S. 34-29-106.
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1978–2025 · leading case: Osborn v. Emporium Videos, 848 P.2d 237 (Wyo. 1993).
Osborn v. Emporium Videos, 848 P.2d 237 (Wyo. 1993). · cites it 8× “[2] Wyo.Stat. § 40-12-105, in pertinent part, provides: (a) A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly: * * * * * * (iii) Represents that merchandise is of…”
WyoLaw, LLC v. State of Wyoming, Off. of the Attorney Gen., Consum. Prot. Unit, 2021 WY 61 (Wyo. 2021). · cites it 2× “Wyo. Stat. Ann. § 40-12-105 (a)(i)-(xiv), (xvi)-(xvii).”
Kure v. Chevrolet Motor Div., 581 P.2d 603 (Wyo. 1978). · cites it 3× “1977, and deceptive trade practices, § 40-12-105, W.S.1977. 1 Follow *606 ing presentation of plaintiff’s case to the court only, the district judge granted defense motions on all three allegations in favor of Chevrolet Motor Division, Whisler Chevrolet and Tyrrell Chevrolet,…”
In re Pharm. Indus. Average Wholesale Price Litig., 252 F.R.D. 83 (D. Mass. 2008). · cites it 2× “Codified Laws § 37-24-6 (1) ("It is a deceptive act or practice for any person to: (1) Knowingly and intentionally act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation”); and Wyo. Stat. Ann. § 40-12-105 (a) ("A person…”
Beyers v. Richmond, 937 A.2d 1082 (Pa. 2007). · cites it 2× “Codified Laws § 37-24-6 ; Tenn.Code Ann. § 47-18-104; Tex.”
In Re Static Random Access Memory (SRAM) Antitrust Litig., 580 F. Supp. 2d 896 (N.D. Cal. 2008). “Wyo. Stat. § 40-12-105(a)(xv). However, as Defendants point out, the Wyoming Supreme Court held that the WCPA “was drafted primarily to protect consumers from unscrupulous and fraudulent marketing practices” and declined to extend the reach of the WCPA where the legislature has…”
Herrig v. Herrig, 844 P.2d 487 (Wyo. 1992). “The fourth and last issue for our consideration is whether Appellants may assert a cause of action against Farmers Insurance' under the Wyoming Consumer Protection Act.”
Dellos Farms, Inc., a Wyoming Corp. Brian K. Dellos, Individually & as Pers. Rep. for the Est. of Edith L. Dellos, Dellos Homestead, Llc, a Wyoming Ltd. Liab. Co. v. Sec. State Bank, 2022 WY 107 (Wyo. 2022). · cites it 2× “[¶10] Section 40-12-105(a) provides: “A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly [engages in a listed prohibited practice].”
Connecticut v. Aurobindo Pharma USA, Inc. (D. Conn. 2025). · cites it 2× “” Wyo. Stat. § 40-12-105(a)(xv). The Complaint alleges that the Defendants “engaged in deceptive acts or practices by, among other things, misrepresenting or omitting material facts about the price and cost of merchandise,” ECF No.”
Allen v. ConAgra Foods, Inc. (N.D. Cal. 2019). “5 - 6 3(b)(1), (2), (11)) and Wyoming ( Wyo. Stat. Ann. § 40-12-105 (a)(xv); Wyo.”
Indiviglio v. B&G Foods, Inc. (S.D.N.Y. 2023). “1-200 ; Wyo. Stat. Ann. § 40-12-105 (collectively, the “Other Consumer Protection Statutes”).”
Hayley Amiel v. EVO Brands, LLC d/b/a Puff Bar, & PVG2, LLC d/b/a Puff Bar (S.D.N.Y. 2025). “18 (1); Wyo. Stat. Ann. § 40-12-105 (a)(xv).” (Compl.”
— Wyo. Stat. § 40-12-105(a) — 2 cases
Osborn v. Emporium Videos, 848 P.2d 237 (Wyo. 1993). “[2] Wyo.Stat. § 40-12-105, in pertinent part, provides: (a) A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly: * * * * * * (iii) Represents that merchandise is of…”
Dellos Farms, Inc., a Wyoming Corp. Brian K. Dellos, Individually & as Pers. Rep. for the Est. of Edith L. Dellos, Dellos Homestead, Llc, a Wyoming Ltd. Liab. Co. v. Sec. State Bank, 2022 WY 107 (Wyo. 2022). “[¶10] Section 40-12-105(a) provides: “A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly [engages in a listed prohibited practice].”
— Wyo. Stat. § 40-12-105(a)(xv) — 4 cases
In Re Static Random Access Memory (SRAM) Antitrust Litig., 580 F. Supp. 2d 896 (N.D. Cal. 2008). “Wyo. Stat. § 40-12-105(a)(xv). However, as Defendants point out, the Wyoming Supreme Court held that the WCPA “was drafted primarily to protect consumers from unscrupulous and fraudulent marketing practices” and declined to extend the reach of the WCPA where the legislature has…”
In re Pharm. Indus. Average Wholesale Price Litig., 252 F.R.D. 83 (D. Mass. 2008). “Codified Laws § 37-24-6 (1) ("It is a deceptive act or practice for any person to: (1) Knowingly and intentionally act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation”); and Wyo. Stat. Ann. § 40-12-105 (a) ("A person…”
Herrig v. Herrig, 844 P.2d 487 (Wyo. 1992). “The fourth and last issue for our consideration is whether Appellants may assert a cause of action against Farmers Insurance' under the Wyoming Consumer Protection Act.”
Connecticut v. Aurobindo Pharma USA, Inc. (D. Conn. 2025). “” Wyo. Stat. § 40-12-105(a)(xv). The Complaint alleges that the Defendants “engaged in deceptive acts or practices by, among other things, misrepresenting or omitting material facts about the price and cost of merchandise,” ECF No.”
— Wyo. Stat. § 40-12-105(a)(xvi) — 1 case
Connecticut v. Aurobindo Pharma USA, Inc. (D. Conn. 2025). “” Wyo. Stat. § 40-12-105(a)(xv). The Complaint alleges that the Defendants “engaged in deceptive acts or practices by, among other things, misrepresenting or omitting material facts about the price and cost of merchandise,” ECF No.”
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