Consumer Protection Act Damages in Wyoming (§ 40-12-108)
What Wyoming's Consumer Protection Act adds to a lemon-law claim — actual damages only, no treble, and no attorney fees in individual cases — and why the lemon law's fees matter more.
Beyond the lemon law’s refund or replacement, Wyoming’s Consumer Protection Act (Wyo. Stat. § 40-12-101 et seq.) can add damages for deceptive conduct — but it’s limited, so manage expectations.
What you can recover under § 40-12-108
- Actual damages — the loss you actually suffered as a consumer from an uncured deceptive trade practice.
- No treble or multiple damages — there is no statutory multiplier.
- No attorney fees in an individual consumer action — fees are limited to class actions, willful violations against vulnerable victims (over 60 or with disabilities), and public enforcement.
It also requires the practice to be “uncured” — typically meaning notice and a chance to cure before suit (§ 40-12-107).
When it still helps
The Consumer Protection Act can add value where a dealer affirmatively misrepresented or concealed something:
- Undisclosed prior accident or frame damage.
- Odometer misrepresentation.
- Concealed defects known to the dealer.
Common in used-car deals — but remember it yields only actual damages for an individual.
Why the lemon law and Magnuson-Moss matter more
Because the Consumer Protection Act gives an individual no fees and no treble, the leverage in a Wyoming claim comes from:
- The lemon law’s in-statute attorney fees (§ 40-17-101).
- Magnuson-Moss § 2310(d)(2) fees.
How it compares
Wyoming’s Consumer Protection Act is among the weakest UDAPs in the country — no treble and no individual fees, weaker even than South Dakota’s (which awards fees). It’s a supplement, not a centerpiece.
Bottom line
Wyoming’s Consumer Protection Act offers only actual damages (no treble, no individual fees) for deceptive conduct — so lead with the lemon law’s in-statute fees and Magnuson-Moss. Get a free case review.
Related
Attorney Fees in a Wyoming Lemon Law Claim
How attorney fees work in Wyoming lemon-law claims — the lemon law's in-statute fee provision (§ 40-17-101) and Magnuson-Moss carry the load, since the Consumer Protection Act gives no individual fees.
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Read → ArticleThe Replacement Remedy in Wyoming
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Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.