Wyo. Code R. 031-0001-4
General Agency, Board or Commission Rules
Chapter 4: General Conduct
Effective Date: 06/29/2007 to Current
Rule Type: Current Rules & Regulations
Reference Number: 031.0001.4.06292007
Section 1. Ethical Conduct. The members of the Board feel that it is their duty to require certain standards to be adhered to by licensees. Therefore, they require as follows:
(a) Every licensee shall deal openly, fairly and honestly in the conduct of the collection agency business.
(b) Licensee shall take all reasonable precautions to correctly identify the consumer.
(a) The proper use of an alias or 'desk name' by a debt collector does not constitute a violation of Section 1.(a) Chapter IV of these rules, provided:
(i) A desk name shall be defined as a name used other than by which a collector is generally known;
(ii) Use shall not interfere with the ability to identify the collector;
(iii) Only one such name may be used by each collector; and
(iv) The collector will continue to identify the agency he or she is associated with.
(b) Desk names in use as well as the real name of each debt collector using a desk name will be registered with the Collection Agency Board at the time of each license renewal. Additional names which come in to use during the year and any names discontinued shall also be reported to the Collection Agency Board within 30 days of the time such additions or deletions are made within any agency.
Section 3. Solicitation. Collection agencies must make full and fair disclosure of all charges. No licensee or its solicitors shall solicit claims for collection under any ambiguous or deceptive contract.
A standard agreement or policy statement governing all relevant terms and conditions of the agreement between the agency and its clients, including provisions for remittance and cancellation and return of accounts, shall be reduced to writing and a copy provided to clients and the Collection Agency Board.
Section 4. List of Consumers. No licensee shall publish, or cause to be published, any list of consumers commonly known as 'deadbeat lists' or threaten to do so.
Section 5. Intimidation. No licensee shall collect, or attempt to collect, by the use of 'shame cards' or 'shame automobiles' or similar devises; by methods of intimidation, or by methods contrary to postal regulations.
Section 6. Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act (FDCPA) as issued and amended as of October 13, 2006, and contained in Title I of the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is hereby adopted as if fully set forth herein, except as otherwise set forth in this Chapter. Incorporation of the full text of the FDCPA in these rules would be unduly cumbersome or expensive. These Rules do not include any later amendments or editions of the FDCPA past October 13, 2006. Copies of the FDCPA are available for public inspection at the Department of Audit, Division of Banking, 122 W. 25th Street, 3rd Floor East, Cheyenne, Wyoming 82002. Copies of the FDCPA are available at cost from the Department of Audit, Division of Banking.