Consumer UDAP Demand Letter - Wyoming

Wyoming Consumer UDAP Demand Letter

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], WY [Zip Code]
Phone: [________________________________]
Email: [________________________________]
WY Bar No.: [________________________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]
and via first-class mail

To (alleged violator — Wyo. Stat. § 40-12-109):
[Respondent Legal Name]
Attn: [Officer / Manager / Registered Agent]
[Street Address]
[City], WY [Zip Code]

Cc (registered agent per Wyoming Secretary of State):
[Registered Agent Name]
[Agent Address]
[City], WY [Zip Code]

Re: Block

RE: STATUTORY PRE-SUIT WRITTEN NOTICE PURSUANT TO WYO. STAT. § 40-12-109 — WYOMING CONSUMER PROTECTION ACT — NOTICE OF UNLAWFUL DECEPTIVE TRADE PRACTICE (WYO. STAT. § 40-12-105) AND DEMAND FOR CURE

Consumer: [Consumer Name]
Transaction/Account No.: [________________________________]
Date of Consumer Transaction: [__/__/____]
Date of Initial Discovery of Practice: [__/__/____]
Actual Damage Suffered: $[________________________________]

I. Statutory Pre-Suit Notice (Wyo. Stat. § 40-12-109)

This letter is the written notice required by Wyo. Stat. § 40-12-109 as a precondition to a private action under the Wyoming Consumer Protection Act. It is furnished within one (1) year after the initial discovery of the unlawful deceptive trade practice described below and within two (2) years following the consumer transaction. As required by § 40-12-109, this notice states fully the nature of the alleged unlawful deceptive trade practice and the actual damage suffered therefrom.

II. The Parties

A. Consumer

[Consumer Full Legal Name] ("Consumer") is a natural person residing at [Street Address], [City], Wyoming [Zip Code]. Consumer engaged in a "consumer transaction" within the meaning of Wyo. Stat. § 40-12-102(a)(ii) — the advertising, offering for sale, sale, or distribution of merchandise to an individual for purposes that are primarily personal, family, or household — and is a person who has actually suffered damage as a result of the practice described below.

B. Respondent (Alleged Violator)

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] [organized under the laws of [State] / doing business in Wyoming], with a place of business at [Address]. In the course of its business and in connection with a consumer transaction, Respondent committed the acts described below.

III. Nature of the Alleged Unlawful Deceptive Trade Practice (Wyo. Stat. § 40-12-109)

A. The Transaction

On or about [__/__/____], Consumer [purchased / leased / contracted for] the following from Respondent:

• Product/Service (merchandise): [________________________________]
• Location / Channel of Transaction: [________________________________]
• Purchase/Lease Price: $[________________________________]
• Contract / Invoice No.: [________________________________]
• Payment Method: [________________________________]
• Warranty / Service Terms: [________________________________]

B. The Deceptive Trade Practice (Wyo. Stat. § 40-12-105)

In the course of its business and in connection with the consumer transaction, Respondent knowingly engaged in one or more deceptive trade practices declared unlawful by Wyo. Stat. § 40-12-105(a), namely:

☐ § 40-12-105(a)(i) — Represented that merchandise has a source, origin, sponsorship, approval, accessories, or uses it does not have
☐ § 40-12-105(a)(ii) — Represented a sponsorship, approval, or affiliation Respondent does not have
☐ § 40-12-105(a)(iii) — Represented that merchandise is of a particular standard, grade, style, or model, if it is not
☐ § 40-12-105(a)(iv) — Represented that merchandise is available to the consumer for a reason that does not exist
☐ § 40-12-105(a)(v) — Represented that merchandise has been supplied in accordance with a previous representation, if it has not
☐ Advertising goods or services with intent not to sell them as advertised (bait-and-switch)
☐ Other deceptive trade practice under § 40-12-105: [________________________________]

C. Specific Misrepresentations / Omissions

IV. Actual Damage Suffered Therefrom (Wyo. Stat. § 40-12-109)

Consumer relied on Respondent's representations and/or was misled by Respondent's omissions and thereby actually suffered damage. Had Consumer known the truth, Consumer would not have entered the transaction or would not have paid the price actually paid. Consumer's actual damage includes:

• Purchase/contract price paid: $[________________________________]
• Diminution in value: $[________________________________]
• Out-of-pocket expenses: $[________________________________]
• Incidental and consequential damages: $[________________________________]
• Total actual damage suffered: $[________________________________]

V. Legal Authority and Remedies

A. Unlawful conduct — Wyo. Stat. § 40-12-105(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" commits the enumerated acts.

B. Statutory notice and cure — Wyo. Stat. §§ 40-12-109, 40-12-102. This notice is furnished under § 40-12-109. Respondent now has fifteen (15) days from receipt of this notice to make a written offer to cure under Wyo. Stat. § 40-12-102(a)(viii) — either (A) to adjust or modify the consumer transaction to conform to Consumer's reasonable expectations generated by the deceptive trade practice and to perform that offer if accepted, or (B) to rescind the consumer transaction and to perform that offer if accepted. If no offer to cure is made within fifteen (15) days, or the practice is not cured within a reasonable time after Consumer's acceptance of an offer, the practice becomes an "uncured unlawful deceptive trade practice" under § 40-12-102(a)(ix) and is actionable.

C. Private remedies — Wyo. Stat. § 40-12-108(a). "A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice." In a class action under § 40-12-108(b), the court shall award reasonable attorney's fees to the plaintiffs upon a finding of actual damages.

D. One-year filing deadline — Wyo. Stat. § 40-12-109. No action may be brought unless it is initiated within one (1) year after the furnishing of this notice.

VI. Demand for Cure and Relief

To avoid this practice becoming an uncured unlawful deceptive trade practice, Consumer demands that Respondent provide the following relief — by written offer to cure within fifteen (15) days of receipt, and full performance promptly thereafter:

☐ Refund of $[________________________________] (full purchase/contract price)
☐ Replacement of the merchandise with conforming merchandise
☐ Repair of the merchandise to conform to the representations made
☐ Adjustment/modification of the transaction to conform to Consumer's reasonable expectations (Wyo. Stat. § 40-12-102(a)(viii)(A))
☐ Rescission of the contract dated [__/__/____] and release of Consumer from all further obligations (Wyo. Stat. § 40-12-102(a)(viii)(B))
☐ Restitution of $[________________________________]
☐ Cessation of the deceptive trade practice
☐ Correction of any credit reporting or other downstream records
☐ Other: [________________________________]

Total monetary relief demanded: $[________________________________].

VII. Consequences of Non-Compliance

If Respondent fails to make a written offer to cure within fifteen (15) days, or fails to cure within a reasonable time after Consumer's acceptance, the practice will become an uncured unlawful deceptive trade practice, and Consumer intends to file an action under Wyo. Stat. § 40-12-108 within one (1) year after the furnishing of this notice, seeking:

• ☐ The actual damages Consumer has suffered ($[________________________________])
• ☐ Reasonable attorney's fees if brought as a class action under § 40-12-108(b)
• ☐ Equitable relief as available
• ☐ Pre- and post-judgment interest

This matter may also be referred to the Wyoming Attorney General's Consumer Protection Unit, which may bring its own action under Wyo. Stat. § 40-12-106 and seek civil penalties under § 40-12-113.

VIII. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all documents and electronically stored information ("ESI") potentially relevant to the claims described above, including:

• All contracts, invoices, receipts, order confirmations, and account records relating to Consumer
• All advertising, marketing, packaging, website pages, social-media posts, and promotional materials relating to the merchandise at issue
• All internal communications (email, chat, SMS), training materials, scripts, and sales policies
• All consumer complaints, BBB filings, AG inquiries, and chargeback files referencing the same or substantially similar conduct
• All quality-control, testing, and inspection records
• Telephone recordings, chat logs, and CRM entries involving Consumer
• ESI metadata, server backups, and disaster-recovery media

Routine destruction or overwriting of any such material must be suspended immediately. Spoliation may give rise to sanctions and adverse evidentiary inferences.

IX. Response Deadline and Method

Respondent must provide a written substantive response — including any written offer to cure under Wyo. Stat. § 40-12-102(a)(viii) — to undersigned counsel no later than [__/__/____] (15 days after receipt).

Response by:

• ☐ U.S. Mail to undersigned counsel at the letterhead address
• ☐ Email to: [________________________________]
• ☐ Telephone for settlement discussions: [________________________________]

All rights, claims, and remedies — statutory, common-law, and equitable — are expressly reserved. Nothing in this letter constitutes a waiver, election of remedies, or release.

Signature Block

Respectfully,

_______________________________________________
[Attorney Name]
[Law Firm Name]
[Street Address]
[City], WY [Zip Code]
Phone: [________________________________]
Email: [________________________________]
WY Bar No.: [________________________________]

Attorney for [Consumer Name]

Enclosures:

• ☐ Copy of contract / invoice / receipt
• ☐ Copies of advertising / marketing materials
• ☐ Photographs of merchandise or evidence of defect
• ☐ Prior correspondence
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Confirmed this letter satisfies Wyo. Stat. § 40-12-109: it (a) is furnished within one (1) year after initial discovery AND within two (2) years after the consumer transaction, and (b) states fully the nature of the alleged practice and the actual damage suffered
• ☐ Confirmed the transaction is a "consumer transaction" — merchandise for primarily personal, family, or household purposes (§ 40-12-102(a)(ii))
• ☐ Identified the specific § 40-12-105(a) deceptive trade practice and documented that Respondent acted knowingly
• ☐ Quantified the actual damage suffered
• ☐ Calendared the 15-day cure window for Respondent's written offer to cure (§ 40-12-102(a)(viii)-(ix))
• ☐ Did NOT file suit until the practice became "uncured" (no offer within 15 days, or not cured within a reasonable time after acceptance)
• ☐ Calendared the one-year filing deadline measured from the furnishing of this notice (§ 40-12-109)
• ☐ Sent via certified mail, return receipt requested; retained tracking and green card
• ☐ Preserved Consumer's own records (texts, emails, photos, packaging)
• ☐ Considered class allegations under § 40-12-108(b) (mandatory fees on a finding of actual damages)
• ☐ Considered a parallel complaint to the Wyoming AG Consumer Protection Unit
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• Wyoming Consumer Protection Act, Wyo. Stat. ch. 40-12 (full title, PDF): https://wyoleg.gov/statutes/compress/title40.pdf
• Wyo. Stat. § 40-12-102 (Definitions — "cure" and "uncured unlawful deceptive trade practice") — Justia: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-102/
• Wyo. Stat. § 40-12-105 (Unlawful practices): https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-105/
• Wyo. Stat. § 40-12-108 (Private remedies) — Justia: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-108/
• Wyo. Stat. § 40-12-109 (Limitation of actions; pre-suit notice) — Justia: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-109/
• Wyoming Attorney General — Consumer Protection Unit: https://ag.wyo.gov/consumer-protection