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Bruce A Salzburg
Wyoming Attorney General

No Call Law

The Wyoming "No-Call" Law Business FAQ's

1. Is my business required to comply with the no-call law ?

The no-call law normally applies only if your business makes more than 225 unsolicited telephonic sales calls to Wyoming numbers per year.

2. Are there other exemptions ?

The no-call law does not apply to calls made at the request of the person called, made primarily in connection with an existing debt or contract (payment or performance of which has not been completed at the time of the call), or made to a person with whom the caller has an established business relationship. Most charity and political fundraisers are also exempt.

3. Does my business have to join the Direct Marketing Association in order to obtain the Telephone Preference Service's do-not-call list?

The law only requires that you do not call Wyoming numbers that appear on the current DMA list. It does not require that you or your business join the DMA or subscribe to the no-call listing.

4. What are the disclosure requirements ?

The no-call law requires that telemarketers disclose at the beginning of the call the name of the individual caller, the identity of the telephone solicitor or merchant and a telephone number and address at which the telephone solicitor or merchant may be contacted, that the purpose of the call is to sell consumer goods or services, and the nature of the goods or services.

5. What filing requirements does the no-call law impose?

Each telephone solicitor or merchant making unsolicited telephonic sales calls to Wyoming numbers must file a statement giving notice of activity and designating an agent for service of process with the Wyoming Attorney General's Office.

6. Are there prohibitions against automated sales calls ?

Solicitors or merchants are prohibited from making telephonic sales calls involving an automated system for the selection or dialing of numbers or the playing of a recorded message when a connection is completed. Some uses of auto-dialers are also considered crimes.

FORMS
Sample Notice of Activity

  40-12-302.  Telephone solicitations.

(a)  Any telephone solicitor or merchant who makes an unsolicited telephonic sales call to a residential or mobile telephone number shall disclose at the outset of the conversation and in a clear and conspicuous manner to the person receiving the call, the following information:

• (i)  The name of the individual caller;  

• (ii)  The identity of the telephone solicitor or merchant and a telephone number and address at which the telephone solicitor or merchant may be contacted;  

• (iii)  That the purpose of the call is to sell consumer goods or services; and  

• (iv)  The nature of the consumer goods or services.

  (b)  No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number more than sixty (60) days after the number for that telephone appears in the national do-not-call list. This subsection does not apply to any person who calls an actual or prospective seller or lessor of real property when the call is made in response to a yard sign or other form of advertisement placed by the seller or lessor.

(c)  No telephone solicitor or merchant who makes an unsolicited telephonic sales call to the telephone line of a residential subscriber in this state shall knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service.

W.S. § 40-12-301(ix) telephonic sales calls.

(ix)  "Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes;

W.S. § 40-12-301(xi) exemptions.

(xi)  "Unsolicited telephonic sales call" means a telephonic sales call other than a call made:  

• (A)  In response to an express request of the person called;  

• (B)  Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;  

• (C)  To any person with whom the telephone solicitor had an established business relationship; or  

• (D)  By a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year.

W.S. § 40-12-302(a) disclosure requirements

(a)  Any telephone solicitor or merchant who makes an unsolicited telephonic sales call to a residential or mobile telephone number shall disclose at the outset of the conversation and in a clear and conspicuous manner to the person receiving the call, the following information:  

• (i)  The name of the individual caller;  

• (ii)  The identity of the telephone solicitor or merchant and a telephone number and address at which the telephone solicitor or merchant may be contacted;  

• (iii)  That the purpose of the call is to sell consumer goods or services; and  

• (iv)  The nature of the consumer goods or services.

40-12-305.  Notice of activity and consent to service of process.

  Each telephone solicitor or merchant making unsolicited telephonic sales calls and doing business in this state shall file with the attorney general of this state a statement giving notice of this fact and designating the secretary of state of this state its agent for service of process, unless a lawful resident is designated as agent for service of process, for any alleged violation of this article. The written notice shall further set forth the intention of the telephone solicitor or merchant to abide by the provisions of this article. Compliance with this section shall not subject any telephone solicitor or merchant to the provisions or consequences of any other statute of this state.

40-12-303.  Automated sales calls.

  (a)  No telephone solicitor or merchant shall make or knowingly allow a telephonic sales call to be made if the call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.

  (b)  Subsection (a) of this section does not prohibit the use of an automated telephone dialing system with live messages if:  

• (i)  The calls are made or messages given solely in response to calls initiated by the persons to whom the automatic calls or live messages are directed;  

• (ii)  The telephone numbers selected for automatic dialing have been screened to exclude any telephone subscriber who is included on the national do-not-call list and any unlisted telephone number; or  

• (iii)  The call is to a consumer with whom the caller had an established business relationship.

Wyoming Attorney General's Office
Consumer Protection Unit
123 Capitol
Cheyenne, WY 82002
Phone: 307-777-7874
Toll Free: 800-438-5799
No-Call Info (307) 777-3333  Toll Free 800-548-4945
FAX: 307-777-7956

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