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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
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
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
Federal Trade Commission - Fair Debt Collection Practices Act