Lemon Law Demand Letter — Wyoming

WYOMING MOTOR VEHICLE LEMON LAW DEMAND

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

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 prior direct written notification to the manufacturer required by Wyo. Stat. § 40-17-101(h) for the statutory presumption to apply. The vehicle has a nonconformity that substantially impairs its use and fair market value, and it has not been conformed to warranty despite a reasonable number of attempts. Consumer demands replacement or refund as provided by Wyo. Stat. § 40-17-101(c).

I. WYOMING LEMON LAW — STATUTORY FRAMEWORK

A. Structure of the Wyoming Lemon Law

Wyoming's entire Motor Vehicle Lemon Law is a single statute, Wyo. Stat. § 40-17-101, organized into subsections (a) through (k). There are no companion sections (no § 40-17-102 et seq.); every operative rule — definitions, the repair duty, the replace/refund remedies, the presumption, the notice-and-cure precondition, the informal-dispute prerequisite, affirmative defenses, and attorney's fees — is contained within this one section. It is notably compact compared to the lemon laws of larger states.

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

The statute covers a "motor vehicle" — defined as "every vehicle under ten thousand (10,000) pounds unladen weight, sold or registered in the state, which is self-propelled except vehicles moved solely by human power." The only statutory limits are the 10,000-pound unladen (not GVWR) weight ceiling and the self-propelled/non-human-powered requirement; the statute does not separately enumerate trailer or motor-home exclusions.

The subject vehicle is a [____] [________________________________] [________________________________] with an unladen weight under 10,000 lbs., which is within the statutory coverage.

C. The Nonconformity Standard (§ 40-17-101(c), (g))

The remedy applies to a defect or condition that substantially impairs the use and fair market value of the motor vehicle and does not conform to an express warranty. This is a conjunctive test — the defect must impair both use and fair market value (§ 40-17-101(c); the affirmative defense in § 40-17-101(g)(i) mirrors this standard). Wyoming uses "and" rather than "or," which distinguishes it from states that use a disjunctive standard.

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

The manufacturer's duty to repair is triggered when the consumer reports the nonconformity within one (1) year following original delivery to the consumer; required repairs must be made even if that one-year period later expires. § 40-17-101(b). The repair-attempt presumption in § 40-17-101(d) is likewise measured within one year following original delivery.

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, within one year following original delivery, either:

1. The same nonconformity has been subject to repair MORE THAN three (3) times (i.e., a fourth attempt) and the nonconformity continues to exist. § 40-17-101(d)(i). (Note: "more than three times" means the presumption triggers on the fourth attempt — Wyoming is not a "three-attempt" state.) OR

2. Thirty (30) business days out of service for repair (cumulative). § 40-17-101(d)(ii).

F. Notice-and-Cure Precondition (§ 40-17-101(h))

The presumption in subsection (d) does not apply against a manufacturer unless the manufacturer "has received prior direct written notification from or on behalf of the consumer and has had a reasonable opportunity to cure the alleged defect." § 40-17-101(h). This letter provides that prior direct written notification; the manufacturer's reasonable opportunity to cure is described in Section VIII.

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

Under § 40-17-101(f), the replace/refund remedy in subsection (c) does not apply to a consumer who has "failed to exhaust his remedies under a manufacturer's informal dispute settlement procedure" if such a procedure exists and complies with the applicable federal statute and regulation (16 C.F.R. Part 703). The consumer must therefore first exhaust a qualifying manufacturer program before the statutory refund/replacement remedy is available.

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 (more than three — i.e., four or more), and the nonconformity continues to exist.

☐ 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 prior direct written notification required by § 40-17-101(h). The manufacturer is entitled to a reasonable opportunity to cure the nonconformity. If the nonconformity is not cured after a reasonable opportunity, Consumer will be entitled to replacement or refund under § 40-17-101(c).

VI. DEMAND FOR REMEDY

Pursuant to Wyo. Stat. § 40-17-101(c), Consumer demands one of the following. Under the statute, the manufacturer must either replace or refund; note that the refund is the full purchase price plus collateral charges, less a "reasonable allowance for consumer's use" as defined in § 40-17-101(a)(iii) — Wyoming's statute does not prescribe a mileage/100,000 offset formula.

Option A: Replacement (§ 40-17-101(c)(i))

☐ Consumer requests a new or comparable motor vehicle of the same type and similarly equipped.

Option B: Refund / Return (§ 40-17-101(c)(ii))

☐ Consumer requests a refund, calculated as follows:

Reasonable Allowance for Consumer's Use (§ 40-17-101(a)(iii)): an amount directly attributable to use of the vehicle prior to the first report of the nonconformity, and during any subsequent period when the vehicle was not out of service due to repair. No fixed statutory formula applies; any use allowance the manufacturer asserts must be established under this definition. Consumer first reported the nonconformity at [________________________________] miles.

Additional Relief

• Attorney's Fees: Under Wyo. Stat. § 40-17-101(k), a consumer injured by a violation may bring a civil action and recover reasonable attorney's fees from the manufacturer who issued the express warranty.
• Loan/Lease Payoff: The refund runs to the Consumer and any lienholder as their interest may appear (§ 40-17-101(c)(ii)); any outstanding balance should be satisfied accordingly.
• Incidental/Consequential Damages: Pursued under the Magnuson-Moss Warranty Act and general warranty law (not fixed by § 40-17-101(c)), including rental vehicles, towing, alternative transportation, and related out-of-pocket losses.

VII. MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE

☐ Manufacturer maintains a complying program. Consumer is aware that [________________________________] maintains an informal dispute settlement procedure and will exhaust that process, as required by § 40-17-101(f), before seeking the subsection (c) refund/replacement remedy, consistent with 16 C.F.R. Part 703.

☐ 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. Under § 40-17-101(f), the exhaustion prerequisite therefore does not bar the subsection (c) remedy.

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

VIII. REASONABLE OPPORTUNITY TO CURE — SCHEDULING

This letter provides the prior direct written notification and affords the manufacturer the reasonable opportunity to cure referenced in § 40-17-101(h). Please contact the undersigned within ten (10) business days (a practical deadline set by this demand; the statute prescribes no fixed cure period) 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. "More Than Three" Attempts — a Fourth Attempt (Not a Three-Attempt State). Section 40-17-101(d)(i) triggers the presumption when the same nonconformity "has been subject to repair more than three (3) times" — i.e., on the fourth attempt. Do not represent Wyoming as a "three-attempt" state or as more consumer-favorable than four-attempt states on this point; that is a common misreading. Count carefully and ensure a genuine fourth attempt (or the 30-business-day path) before asserting the presumption.

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 Fair Market Value" — Conjunctive Standard. Wyoming requires that the defect substantially impair both use and fair market value (§ 40-17-101(c), (g)(i)). 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 Reporting Window. The nonconformity must be reported within one (1) year following original delivery (§ 40-17-101(b)); required repairs must still be made even after that year passes. The presumption in subsection (d) is measured within the same one-year window. Act promptly after discovering a nonconformity.

6. No Statutory Use-Allowance Formula. Wyoming does not prescribe a mileage/100,000 offset. The "reasonable allowance for consumer's use" is defined (§ 40-17-101(a)(iii)) as the amount attributable to use before the first report of the nonconformity and any later period the vehicle was not out of service — an amount to be established, not computed from a fixed denominator. Do not concede a formulaic offset.

7. No Buyback Title-Branding or Subsequent-Purchaser Disclosure Statute. Wyoming's lemon law contains no separate title-branding or resale-disclosure requirement for repurchased vehicles. Federal odometer and title regulations may still apply, and another state's law may require branding if the vehicle is resold there.

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 — Wyoming Motor Vehicle Lemon Law (the entire law; official: https://wyoleg.gov/statutes/compress/title40.pdf)
• 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.