Section 40-3-101 – Short Title.
40-3-101. Short title. This act may be cited as the “Wyoming Multilevel and Pyramid Distributorship Act.”
Section 40-3-102 – Definitions.
40-3-102. Definitions. (a) As used in this act: (i) “Multilevel distribution companies” means any person, firm, corporation or other business entity which sells, distributes or supplies for a valuable consideration, goods or services through independent agents, contractors or distributors, at different levels wherein such participants may recruit other participants, and wherein commissions, cross-commissions, bonuses, refunds, […]
Section 40-3-103 – Endless Chains and Referral Sales Prohibited.
40-3-103. Endless chains and referral sales prohibited. No person may contrive, prepare, set up, propose or operate an endless chain or referral sale.
Section 40-3-104 – Prohibitions and Requirements.
40-3-104. Prohibitions and requirements. Every multilevel distribution company shall provide in its contract of participation that the contract may be cancelled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in […]
Section 40-3-105 – Restrictions on Marketing Programs.
40-3-105. Restrictions on marketing programs. (a) No multilevel distribution company, nor any participant, shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the multilevel distribution company agrees in writing: (i) To repurchase all or part of any products […]
Section 40-3-106 – Additional Restrictions in Marketing Programs.
40-3-106. Additional restrictions in marketing programs. (a) No multilevel distribution company or participant in its marketing program shall: (i) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to […]
Section 40-3-107 – Representations of Prospective Income Restricted.
40-3-107. Representations of prospective income restricted. Multilevel distribution companies shall not represent directly or by implication that participants in a multilevel marketing program will earn or receive any stated gross or net amount, or represent in any manner the past earnings of participants. A written or verbal description of the manner in which the marketing […]
Section 40-3-108 – Licensed Activities Excluded.
40-3-108. Licensed activities excluded. Nothing in W.S. 40-3-101 through 40-3-125 shall apply to acts or practices permitted under the laws of this state or under rules, regulations or decisions interpreting the laws, or to any person who has procured a license as provided by W.S. 39-17-106(a) or (b).
Section 40-3-109 – Notice of Activity and Consent to Service of Process.
40-3-109. Notice of activity and consent to service of process. Each multilevel distribution company numbering among its participants any resident of this state shall file with the state’s attorney general a statement giving notice of this fact and designating the secretary of state of this state its agent for service of process for any alleged […]
Section 40-3-110 – Secretary of State Agent for Service of Process for Violations.
40-3-110. Secretary of state agent for service of process for violations. Any multilevel distribution company, which fails to comply with W.S. 40-3-109 is deemed to have thereby appointed the secretary of state its agent for service of process for any alleged violation of this act.
Section 40-3-111 – Investigatory Powers.
40-3-111. Investigatory powers. (a) If the attorney general has reason to believe that a person has engaged in activity which violates the provisions of this act, he shall make an investigation to determine if this act has been violated, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his […]
Section 40-3-112 – Service of Process.
40-3-112. Service of process. (a) Service of any type of process authorized by this act shall be personal within this state, but if such personal service cannot be obtained, substituted service may be made in the following manner: (i) By service as provided by W.S. 40-3-109 and 40-3-110; (ii) By service on the secretary of […]
Section 40-3-113 – Venue of Action for Injunctive Relief.
40-3-113. Venue of action for injunctive relief. An action under this act may be brought in the district court of the county in which the alleged violator resides or has his place of business or in the district court of Laramie county, Wyoming.
Section 40-3-114 – Injunctive Relief Against Violations; Remedy Not Exclusive.
40-3-114. Injunctive relief against violations; remedy not exclusive. The attorney general may, whenever it appears to him that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, bring an action in the name of the […]
Section 40-3-115 – Civil Penalty for Violating Injunction.
40-3-115. Civil penalty for violating injunction. The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars ($5,000.00) per violation from any person who violates the terms of an injunction issued under W.S. 40-3-114.
Section 40-3-116 – Acceptance of Assurance of Voluntary Compliance Authorized.
40-3-116. Acceptance of assurance of voluntary compliance authorized. In the enforcement of this act, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of this act from any person who has engaged in, is engaging in or is about to engage in such […]
Section 40-3-117 – Jurisdiction Retained by Court.
40-3-117. Jurisdiction retained by court. The court shall retain jurisdiction in any case where an injunction is entered or a consent agreement is reached or an assurance of voluntary compliance is agreed upon.
Section 40-3-118 – Additional Relief Authorized; Appointment of Receiver.
40-3-118. Additional relief authorized; appointment of receiver. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any monies or property, real or personal, which the court finds to have been acquired by means of any act or practice committed in violation of this act. […]
Section 40-3-119 – Receiver’s Power to Acquire and Dispose of Property.
40-3-119. Receiver’s power to acquire and dispose of property. Any receiver appointed pursuant to W.S. 40-3-118 has the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, monies and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes and property of […]
Section 40-3-120 – Civil Penalty for Willful Violation; Willful Violation Defined.
40-3-120. Civil penalty for willful violation; willful violation defined. In any action brought pursuant to this act, if the court finds that any person has engaged in prohibited activities in willful violation of or in reckless disregard for any provision of this act, the attorney general or county attorney in any county in which the […]