2021 Wyoming Statutes
Title 40 - Trade and Commerce
Chapter 4 - Discrimination
Section 40-4-114.2 - Civil Enforcement by the Attorney General.
40-4-114.2. Civil enforcement by the attorney general.
(a) Whenever the attorney general has reasonable cause to believe that any person, firm, corporation or other entity, foreign or domestic, has engaged in, is engaging in or is about to engage in any action or practice that is unlawful under this act, the attorney general may bring an action in the name of the state of Wyoming against that person, firm, corporation or entity to:
(i) Obtain a declaratory judgment that the action or practice violates the provisions of this act;
(ii) Enjoin any action or practice that violates the provisions of this act by issuing a temporary restraining order, an ex parte temporary restraining order or a preliminary or permanent injunction, without bond;
(iii) Recover a civil penalty not to exceed fifty thousand dollars ($50,000.00) for each violation of this act or of any injunction, judgment or consent agreement issued or entered into under this act;
(iv) Obtain an order requiring divestiture of any assets:
(A) Acquired in violation of W.S. 40-4-101 and after the court determines that divestiture is necessary to avoid the creation or continuation of a monopoly or to avoid any likely substantial lessening of competition that results from a transaction found to be in violation of W.S. 40-4-101; or
(B) To restore competition to any line of Wyoming commerce that has been eliminated by a violation of W.S. 40-4-101.
(v) Recover actual damages or restitution on behalf of the state and its agencies that are injured either directly or indirectly by reason of any violation of this act.
(b) The attorney general may bring a civil action in the name of the state of Wyoming as parens patriae on behalf of any person residing within Wyoming to secure damages or restitution for losses incurred directly or indirectly because of any violation of this act. For any action to be initiated under this subsection, the attorney general shall give notice to all persons on whose behalf the action would be initiated by publication or other means specified by the court. Any person on whose behalf a civil action would be brought may elect to have their claims excluded from the civil action by filing a notice of election with the court within the time specified in the notice by the attorney general. Any person who is represented by the attorney general in a civil action under this subsection who fails to submit a timely notice of election and for which a final judgment has been issued shall be precluded from asserting any claim or initiating any civil action that could have been brought based on the facts alleged or proven in the attorney general's action under this subsection.
(c) The attorney general shall recover the costs of any investigation, expert costs and reasonable attorney fees and costs if successful in any civil action initiated under this section.
(d) In lieu of initiating or continuing an investigation or civil action, the attorney general may accept and enter into a consent agreement with respect to any action or practice alleged to violate this act. Any consent agreement may include a stipulation for the payment of civil penalties as authorized in this act, reimbursement of the attorney general's reasonable expenses, costs and attorney fees, the payment of restitution and actual damages for Wyoming residents with an interest in the consent agreement or an agreement to abide by any injunctive provisions or prohibitions.
(e) Any civil action brought under this section may be brought in the district court of the county in which any party resides or has a principal place of business or in the district court of Laramie county.
(f) In addition to any action authorized by state law, the attorney general may proceed under any provision of federal antitrust law to enforce the provisions of this act.
(g) This section shall apply only to actions initiated by the attorney general.
