Lemon Law Demand Letter — Wyoming

WYOMING MOTOR VEHICLE LEMON LAW DEMAND

Statutory Notice Under Wyo. Stat. §§ 40-17-101 Through 40-17-108

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

MANUFACTURER:
[________________________________]
Attn: Customer Relations / Lemon Law Administrator
[________________________________]
[________________________________]

SELLING DEALER:
[________________________________]
Attn: General Manager
[________________________________]
[________________________________]

RE: WYOMING LEMON LAW — WRITTEN NOTICE OF NONCONFORMITY AND DEMAND
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Date of Purchase/Lease: [__/__/____]
Odometer at Time of This Notice: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") concerning the above-identified vehicle. This letter constitutes the written notice to the manufacturer required by Wyo. Stat. § 40-17-101(d) before a consumer may pursue lemon law remedies under Wyoming's Motor Vehicle Lemon Law. The vehicle has a nonconformity that substantially impairs its use and market value, and it has not been repaired despite a reasonable number of attempts. Consumer demands repurchase or replacement as provided by law.

I. WYOMING LEMON LAW — STATUTORY FRAMEWORK

A. Structure of the Wyoming Lemon Law

Wyoming's Lemon Law is codified at Wyo. Stat. §§ 40-17-101 through 40-17-108. It is notably compact compared to the lemon laws of larger states. The substantive provisions are concentrated in § 40-17-101, which contains definitions, the nonconformity standard, the presumption trigger, remedy calculations, and the attorney's fees provision all within a single statute. The remaining sections (§§ 40-17-102 through 40-17-108) address scope, applicability, and procedural matters.

B. Covered Vehicles (§ 40-17-101(a)(iv))

The statute covers a "motor vehicle" — a self-propelled vehicle purchased or leased in Wyoming and primarily designed for transporting persons or property over public highways. The statute excludes:

• Motor homes (the living-quarters portion)
• Trailers
• Vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds

The subject vehicle is a [____] [________________________________] [________________________________] with a GVWR of [________________________________] lbs., which is within the statutory coverage.

C. The Nonconformity Standard (§ 40-17-101(b))

A nonconformity is a condition or defect that substantially impairs the use and market value of the motor vehicle and that does not conform to an express warranty. This is a conjunctive test — the defect must impair both use and value. Wyoming uses "and" rather than "or," which distinguishes it from states like California and New York that use a disjunctive standard.

D. The Lemon Law Rights Period (§ 40-17-101(b))

Coverage extends through the term of the express warranty or one (1) year following original delivery to the consumer, whichever comes first. This is a shorter coverage window than many states, which commonly use two years or 24,000 miles.

E. Presumption of Reasonable Repair Attempts (§ 40-17-101(d))

A rebuttable presumption that a reasonable number of attempts have been made to conform the vehicle to warranty arises if either:

1. Three (3) or more repair attempts for the same nonconformity — Wyoming's threshold is lower than the four-attempt standard used in many states; OR

2. Thirty (30) or more business days out of service for repair (need not be consecutive) due to one or more nonconformities.

F. Written Notice Requirement (§ 40-17-101(d))

Before the presumption applies, the consumer must send written notification to the manufacturer of the nonconformity. After receiving this notice, the manufacturer is entitled to one (1) final repair opportunity. This letter satisfies the statutory written notice requirement.

G. Manufacturer's Informal Dispute Settlement Procedure (§ 40-17-101(e))

If the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703 (Federal Trade Commission rules), the consumer must first submit the dispute to that procedure before bringing a civil action under the Lemon Law. However, the consumer is not bound by the arbitration decision and may reject it and proceed to court.

II. VEHICLE AND PURCHASE INFORMATION

Warranty Information

The nonconformity first manifested and was reported during the Lemon Law Rights Period as defined by § 40-17-101(b).

III. DESCRIPTION OF NONCONFORMITY

Primary Defect

• Nature of Defect: [________________________________]
• Date First Reported: [__/__/____] at [________________________________] miles
• Symptoms / How Defect Manifests: [________________________________]
• Effect on Use of Vehicle: [________________________________]
• Effect on Market Value: [________________________________]
• Safety Concern: ☐ Yes — [________________________________] ☐ No

Additional Defects (if applicable)

• Nature of Defect: [________________________________]
• Date First Reported: [__/__/____] at [________________________________] miles
• Symptoms: [________________________________]

IV. REPAIR HISTORY

Repair Attempt 1

Repair Attempt 2

Repair Attempt 3

(Attach additional repair attempt sheets as necessary)

Cumulative Summary

V. QUALIFICATION UNDER THE STATUTE

Consumer's vehicle qualifies as a "lemon" under Wyoming law for the following reasons:

☐ Repair-Attempt Presumption (§ 40-17-101(d)(i)): The same nonconformity has been the subject of [____] repair attempts, which equals or exceeds the three-attempt threshold. Despite these attempts, the nonconformity persists.

☐ Out-of-Service Presumption (§ 40-17-101(d)(ii)): The vehicle has been out of service for [____] business days for repair of one or more nonconformities, which equals or exceeds the 30-business-day threshold.

☐ Both thresholds are met.

This letter constitutes the written notification required by § 40-17-101(d). The manufacturer now has one (1) final opportunity to cure the nonconformity. If the nonconformity is not cured during this final attempt, Consumer will be entitled to repurchase or replacement.

VI. DEMAND FOR REMEDY

Pursuant to Wyo. Stat. § 40-17-101(b), Consumer demands the following relief:

Option A: Repurchase / Refund (§ 40-17-101(b)(i))

☐ Consumer elects a full refund, calculated as follows:

Use Allowance Formula (§ 40-17-101(b)(i)):

Reasonable Allowance for Use = (Full Contract Price) x (Miles Driven Before First Report of Nonconformity / 100,000)

Consumer first reported the nonconformity at [________________________________] miles. Applying the formula: $[________________________________] x ([________________________________] / 100,000) = $[________________________________].

Option B: Replacement (§ 40-17-101(b)(ii))

☐ Consumer elects a comparable replacement vehicle acceptable to Consumer.

Additional Relief

• Attorney's Fees: Under Wyo. Stat. § 40-17-101(g), a prevailing consumer is entitled to recover reasonable attorney's fees and costs incurred in connection with the lemon law claim.
• Loan/Lease Payoff: Manufacturer must satisfy any outstanding loan or lease balance to the lienholder.
• Incidental Damages: All out-of-pocket costs attributable to the nonconformity, including rental vehicles, towing, alternative transportation, and lost wages for repair appointments.

VII. MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE

☐ Manufacturer maintains a complying program. Consumer is aware that [________________________________] maintains an informal dispute settlement procedure and will submit to that process as required by § 40-17-101(e) and 16 C.F.R. Part 703. Consumer reserves the right to reject the outcome and proceed to court.

☐ Manufacturer does not maintain a complying program. Consumer is not aware of any informal dispute settlement procedure maintained by [________________________________] that complies with 16 C.F.R. Part 703. Consumer may therefore proceed directly to civil action.

☐ Unknown. Consumer requests that Manufacturer confirm within 10 business days whether it maintains a complying informal dispute settlement procedure.

VIII. FINAL REPAIR OPPORTUNITY — SCHEDULING

This letter triggers the manufacturer's right to one (1) additional repair attempt under § 40-17-101(d). Please contact the undersigned within ten (10) business days to coordinate:

• The authorized dealer or facility where the repair will be performed
• The date and time for the repair appointment
• The expected duration of the repair attempt
• Whether a loaner vehicle or rental reimbursement will be provided

If the manufacturer fails to respond within 10 business days, or if the final repair attempt does not cure the nonconformity, Consumer will proceed to arbitration (if required) or civil litigation.

IX. MAGNUSON-MOSS WARRANTY ACT CLAIMS

In addition to state lemon law remedies, Consumer asserts claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. The vehicle was sold with written warranties, and the manufacturer has failed to cure the defect within a reasonable number of attempts. Under Magnuson-Moss:

• Consumer may recover damages for breach of warranty
• Consumer may recover reasonable attorney's fees (15 U.S.C. § 2310(d)(2))
• The federal act provides an independent basis for relief regardless of the outcome of state lemon law proceedings
• Federal court jurisdiction exists if the amount in controversy exceeds $50,000 (individual action) or $50,000 aggregate with 100+ named plaintiffs (class action) under 15 U.S.C. § 2310(d)(3)

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all records relating to this vehicle, including but not limited to:

• All warranty repair orders, claims, and service records for this VIN
• Technical Service Bulletins (TSBs) and recalls related to the defect
• Customer complaint records for the same defect in the same make/model/year
• Communications between the dealer and manufacturer concerning this vehicle
• Engineering analysis, root-cause reports, and field service actions
• The vehicle itself — do not dispose of, sell, or alter it pending resolution

Spoliation of evidence may result in adverse inference instructions and separate sanctions in any subsequent litigation.

XI. RESPONSE DEADLINE

Please respond in writing within fourteen (14) calendar days with:

1. Confirmation of whether the vehicle qualifies for repurchase or replacement under your internal lemon law review
2. Your offer for refund or replacement, with a detailed calculation
3. Scheduling of the final repair opportunity

If no satisfactory response is received, Consumer will:

☐ Submit the claim to the manufacturer's informal dispute settlement procedure
☐ File a civil action in the appropriate Wyoming court (District Court)
☐ File a complaint with the Wyoming Attorney General, Consumer Protection Unit, 109 State Capitol, 200 West 24th Street, Cheyenne, WY 82002
☐ Report to the National Highway Traffic Safety Administration (NHTSA) if the defect presents a safety risk

Respectfully,

_________________________________
[________________________________]
Wyoming State Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Counsel for [________________________________]

Enclosures:

☐ Copies of all repair orders
☐ Purchase / lease agreement
☐ Warranty booklet
☐ Vehicle registration
☐ Photographs / video of the defect
☐ Prior correspondence with manufacturer or dealer
☐ Rental car / towing receipts
☐ Authorization to represent

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder, if applicable)
Wyoming Attorney General — Consumer Protection Unit

Wyoming-Specific Notes

1. Three Repair Attempts — Lower Than Most States. Wyoming requires only 3 repair attempts to trigger the presumption, compared to the 4 attempts required in states like California, New York, and Texas. This gives Wyoming consumers earlier access to lemon law remedies.

2. Business Days, Not Calendar Days. The 30-day out-of-service threshold counts business days, not calendar days. This means 30 business days is approximately 6 calendar weeks. Practitioners must carefully track weekends and state holidays (including Wyoming Day on December 10) when calculating.

3. Wyoming's Smallest-State Dealer Challenge. Wyoming has the smallest population of any state (approx. 577,000). Many manufacturers maintain very limited dealer networks within the state, sometimes only one or two authorized facilities in the entire state. This can make repair scheduling difficult and extend out-of-service periods significantly. Document all travel time and distances to authorized repair facilities, as these may support incidental damage claims.

4. "Use and Market Value" — Conjunctive Standard. Wyoming requires that the defect substantially impair both use and market value. A defect that is purely cosmetic (low use impairment) or purely intermittent (hard to prove value impairment) may face challenges. Document both dimensions thoroughly.

5. One-Year / Warranty Coverage Window. Wyoming's Lemon Law Rights Period ends at the earlier of warranty expiration or one year from delivery. This is shorter than many states. Consumers must act promptly after discovering a nonconformity.

6. Use Allowance Denominator of 100,000. Wyoming's mileage offset uses 100,000 as the denominator, which is common but not universal. For example, a vehicle purchased at $40,000 with 5,000 miles at first report would have a use allowance of $2,000. On a more expensive vehicle, this offset can become significant.

7. No Lemon Law Buyback Title Branding Statute. Wyoming does not have a separate statute requiring that repurchased lemon law vehicles be branded on the title. However, federal odometer and title regulations may apply, and the manufacturer may be required to brand the title under other states' laws if the vehicle is resold.

8. Wind River Reservation. If the vehicle was purchased on the Wind River Indian Reservation, tribal jurisdiction issues may arise. Federal and tribal law may apply alongside or instead of state lemon law. Consult with an attorney experienced in Indian Country jurisdiction.

Sources and References

• Wyo. Stat. §§ 40-17-101 through 40-17-108 — Wyoming Motor Vehicle Lemon Law
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC Informal Dispute Settlement Procedures
• Wyoming Attorney General, Consumer Protection Unit: https://ag.wyo.gov/consumer-protection
• National Highway Traffic Safety Administration (NHTSA): https://www.nhtsa.gov/
• Center for Auto Safety — Wyoming Lemon Law Summary

This template is for informational purposes only and does not constitute legal advice. Wyoming law may change; verify all citations and requirements with a licensed Wyoming attorney before use.