Press Release - Wyoming Collection Agency Board vs. Abby Shadakofsky Settlement Agreement (pdf)

Attorney General Opinion - Convenience Fees - March 15, 2010 (pdf)

The Collection Agency Board requested an opinion from the Office of the Attorney General regarding

whether collection agencies operating in Wyoming are authorized to charge a convenience fee to Wyoming debtors.

The Opinion discusses the convenience fee issue and determines that, "since a convenience fee is not

authorized by Wyoming law, a convenience fee may only be charged to a debtor if the debt arose in a non-consumer credit transaction and if the underlying agreement creating the debt expressly provides for

such fees."

Attorney General Opinion - 99-010 - October 6, 1999 (pdf)

By letter dated August 27, 1998, the Collection Agency Board requested an opinion regarding the

application of Wyo. Stat. § 40-14-101 through 40-14-702, the Wyoming Uniform Consumer Credit Code (the "Code"), to certain practices of collection agencies governed by Wyo. Stat. § 33-11-101 through 33-11-116,

the Wyoming Collection Agency Act (the "Act"). The Collection Agency Board (the "Board") has

promulgated regulations to aid in the administration of the Act (the "Regulations). The letter poses three

specific questions:

1. In collecting on a debt arising out of a consumer credit transaction, may a collection agency collect from

the consumer any portion of the commission or other fee charged by the collection agency to the creditor for its services in collection of that debt?

Answer: No. Even if the debt agreement provides that the creditor may collect its costs of collection

(including any commission or fee charged by the collection agency), neither the creditor nor the collection

agency may collect any default charges unless they are specifically allowed under the Code.

2. In collecting on a debt arising out of a consumer credit transaction, may a collection agency collect from

the consumer any fees that are permitted to be charged to the consumer under the debt agreement, even if

the creditor has not assessed the fees?

Answer: No. Generally, unless the collection agency agreement specifically provides otherwise, the creditor must determine the amount of the debt to be collected, not the agent. The creditor, however, may assess any charge that is allowed under the contract and also allowed under the Code and other applicable law.

3. Is Section 11(a) of Chapter 4 of the Regulations in conflict with the Code?

Answer: No. Section 11(a) of Chapter 4 of the Regulations is drawn nearly verbatim from the federal Fair

Debt Collection Practices Act and should be interpreted consistently with its federal counterpart.

Feds Set Rules for Collectors Calling on Relatives of Deceased Debtors. Collecting is OK, but Must be Transparent, Guidelines Say (pdf). Article published at Creditcards.com July 26, 2011

Newsletters

• June 2001 Edition (PDF)

• June 2002 Edition (PDF)

• January 2003 Edition (PDF)

• June 2003 Edition (PDF)

• January 2004 Edition (PDF)

Press Releases

Solicitations for Collection Services - August 18, 2005 (pdf)

Informational brochures

Consumer's Rights Under Wyoming Statutes and Rules and Regulations (PDF)

Wyoming Collection Agency Board - Information pertaining to the Board and to obtaining a license to operate a collection agency in the State of Wyoming (PDF)

Federal Trade Commission - Fair Debt Collection Practices Act