Wyoming Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Wyoming regulates telemarketing mainly through Article 3 ("TELEPHONE SOLICITATION") of Title 40, Chapter 12 of the Wyoming Statutes, W.S. 40-12-301 through 40-12-305. The article is short but strict in several respects:

• Calling hours. Sales calls must stop at 8 p.m., an hour earlier than the federal cutoff.
• Unpublished cell numbers. Sales calls to unpublished cellular numbers are barred outright.
• Automated calls. Sales calls that involve "an automated system for the selection or dialing of telephone numbers or the playing of a recorded message" are prohibited, except for live-message autodialing in three narrow situations.
• Do-not-call. Sales calls to numbers on the "national do-not-call list" are barred more than 60 days after the number appears. The statute defines that list as the list kept by the Telephone Preference Service of the Direct Marketing Association, not the federal registry.
• Caller ID and disclosures. Callers may not block caller ID, and they must make identity and purpose disclosures at the outset of the call.
• Notice filing. Telephone solicitors must file a notice with the Attorney General and designate an agent for service of process.

There is no registration fee, no bond, no state do-not-call list and no rulemaking agency. The Wyoming Attorney General is the "enforcing authority." It may seek tiered civil penalties of up to $500 for a first violation, $2,500 for a second, and $5,000 for each later violation, but only for a "willful violation."

Article 3 contains no express private damages remedy. It does provide that the prevailing party in "any civil litigation resulting from a transaction involving a violation of this article" recovers attorney's fees and costs. Deceptive telemarketing can also be challenged under the Wyoming Consumer Protection Act, W.S. 40-12-101 et seq. That act allows a consumer to recover actual damages, subject to a pre-suit notice requirement.

The Wyoming Legislature's official database presents this text as part of the "2026 Wyoming Statutes." The Title 40 file used here was generated on May 8, 2026, after the 2026 Budget Session. No later amendment to Article 3 was found.

Key statutes table

Detailed provisions

1. Scope and definitions

Article 3 applies to any "telephone solicitor," defined as "any natural person, business entity or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing devices" (W.S. 40-12-301(a)(x)).

The statute reaches out-of-state callers. "Doing business in this state" covers "businesses which conduct telephonic sales calls from a location in Wyoming or from other states or nations to consumers located in Wyoming" (W.S. 40-12-301(a)(iv)). Most duties also run to any "Merchant," meaning "a person who, directly or indirectly, offers or makes available to consumers any consumer goods or services" (W.S. 40-12-301(a)(vii)). Sellers who use third-party callers are therefore covered.

A "Telephonic sales call" is "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(a)(ix)). Lead-generation calls that only gather information for later sales are included. Consumer goods or services are those "marketed and intended to be used for personal, family or household purposes," including real property, "cemetery lots and timeshare estates" (W.S. 40-12-301(a)(iii)). Business-to-business sales calls are outside the article.

The key term for most duties is "Unsolicited telephonic sales call." It excludes calls made:

• "In response to an express request of the person called";
• "Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call";
• "To any person with whom the telephone solicitor had an established business relationship"; or
• "By a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year" (W.S. 40-12-301(a)(xii)).

An "Established business relationship" is "a prior or existing relationship formed by a voluntary two-way communication between a seller or telephone solicitor and a consumer with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the consumer regarding products or services offered by such seller or telephone solicitor which relationship has not been previously terminated by either party" (W.S. 40-12-301(a)(vi)). Unlike the federal definition, it has no time limit. It lasts until either party terminates it.

2. Registration and bonding

Wyoming has no telemarketer registration, license, fee or bond. The only filing is the notice under W.S. 40-12-305: "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 notice must "further set forth the intention of the telephone solicitor or merchant to abide by the provisions of this article." The statute adds that "Compliance with this section shall not subject any telephone solicitor or merchant to the provisions or consequences of any other statute of this state." No form, fee or renewal schedule appears in the statute.

3. Calling hours

"No telephone solicitor shall initiate any unsolicited telephonic sales call to a consumer before the hour of 8 a.m. or after 8 p.m. local time at the consumer's location" (W.S. 40-12-302(d)).

Wyoming's evening cutoff is one hour earlier than the federal 9 p.m. limit. Because the rule covers only "unsolicited" calls, calls to established customers, requested calls and calls by very small callers fall outside it. The federal window still applies to those calls.

4. Call frequency and harassment

Article 3 has no limit on call frequency or attempts and no rule on abandoned calls. Repeated or harassing calls would need to be addressed under federal law, the Consumer Protection Act's "unfair or deceptive acts or practices" clause (W.S. 40-12-105(a)(xv)), or other Wyoming law not reviewed here.

5. Autodialers, prerecorded messages and Facebook v. Duguid

W.S. 40-12-303(a) is a broad automated-call restriction: "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."

The only exceptions are in subsection (b). It "does not prohibit the use of an automated telephone dialing system with live messages" if:

• "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";
• "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
• "The call is to a consumer with whom the caller had an established business relationship."

Three features stand out:

• No consent exception for recorded messages. The exceptions cover only autodialers "with live messages." A recorded sales message on a completed call is therefore prohibited without any exception for prior consent. This is stricter than the federal rule, which permits prerecorded telemarketing calls with prior express written consent.
• The full definition applies. Section 40-12-303 regulates any "telephonic sales call," not just an "unsolicited" one. The four exclusions in W.S. 40-12-301(a)(xii) do not apply, apart from the established-business-relationship exception that subsection (b)(iii) repeats for live-message dialing.
• Duguid does not narrow it. In Facebook, Inc. v. Duguid (2021), the Supreme Court narrowed the federal autodialer definition to equipment that uses a random or sequential number generator. That holding does not limit the Wyoming statute. Wyoming reaches any "automated system for the selection or dialing of telephone numbers," which on its face includes predictive dialers and list-based dialing systems. Live-message autodialing is permitted only within subsection (b), for example after screening out numbers on the national do-not-call list and all unlisted numbers.

Criminal robocall statute. W.S. 6-6-104(a) separately makes it a misdemeanor to use "an automated telephone system or device for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number" for sales, soliciting information, gathering data and statistics, or "Promoting or any other use related to a political campaign." Subsection (b) exempts status and delivery messages, responses to inquiries "initiated by any person," and "the use of an automated telephone dialing system as authorized by W.S. 40-12-303." Violations carry up to six months in jail, a fine of up to $750, or both (W.S. 6-6-104(c)). A federal district court held the statute unconstitutional in 2018 (see Case law below), but it still appears in the official compilation.

6. Text messages

Article 3 does not mention text messages. Its duties are framed around a "call," a "conversation" and, for caller ID, "incoming telephone calls." It is unclear whether a Wyoming court would treat a marketing text as a "telephonic sales call."

The issue is open under Wyoming law. Senders should assume federal rules apply to texts and treat Wyoming coverage as possible. In particular, the bar on calls to unpublished cellular numbers and the automated-system ban would be significant if applied to texts.

7. Caller ID

"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. 40-12-302(c)). A "Caller identification service" is "a type of telephone service or system which allows telephone subscribers to see the telephone numbers from which incoming telephone calls are dialed" (W.S. 40-12-301(a)(i)).

The statute does not expressly address the transmission of false or misleading caller ID information, as opposed to blocking or circumvention. A 2020 bill, H.B. 236 ("Caller identification fraud-criminal liability"), would have added such a rule and a related felony. Its last recorded action was "H Did not Consider for Introduction Vote" on February 14, 2020.

8. Disclosures and opt-out

A telephone solicitor or merchant making an unsolicited 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" (W.S. 40-12-302(a)):

• "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 consumer goods or services."

The requirement to give a contact telephone number and address goes beyond the federal identification rules for live calls.

Article 3 has no company-specific do-not-call or opt-out requirement. A consumer's request not to be called again is protected under Wyoming law only indirectly. For example, it could end an established business relationship, since the definition covers a relationship "which relationship has not been previously terminated by either party." The federal company-specific rules still apply.

9. Do-not-call

"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" (W.S. 40-12-302(b)). There is a real estate exception: the 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."

The statute's definition of the list is unusual. "National do-not-call list" means "the list maintained by the Telephone Preference Service of the Direct Marketing Association, Inc., Farmingdale, New York, or its successor organization" (W.S. 40-12-301(a)(viii)). This is a private industry list, not the National Do Not Call Registry maintained by the Federal Trade Commission (FTC). The definition has not been updated to refer to the federal registry. Callers should scrub against both the federal registry, as federal law requires, and any successor to the Telephone Preference Service list.

Other features of the do-not-call rules:

• Grace period. The 60-day grace period is longer than the federal 31-day scrub cycle.
• Willfulness. The prohibition applies only to "willful" calls.
• Good faith defense. "It shall be an affirmative defense to an action brought by an enforcing authority for a violation of W.S. 40-12-302(b) that the person called a consumer listed on the national do-not-call list as a result of a good faith error" (W.S. 40-12-304(e)).

Unpublished cellular numbers. Separately, "No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any unpublished cellular telephone number" (W.S. 40-12-302(e)). An "Unpublished cellular telephone number" is one that "has not been requested by the subscriber to be published in any telephone directory or any list of telephone service subscribers" and whose "prefix or telephone number has been determined by the public service commission to be primarily for cellular telephone service" (W.S. 40-12-301(a)(xi)).

Few cellular numbers are published in directories, so this rule can operate as a near-ban on unsolicited sales calls to Wyoming cell phones. Calls within the established-business-relationship, express-request, existing-contract and small-caller exclusions are not covered.

10. Contract, payment and cancellation rules

Article 3 has no telemarketing-specific contract, payment or refund rules. Two general provisions are relevant:

• Home solicitation sales. Under W.S. 40-12-104, a "home solicitation sale" includes sales where the buyer is contacted "in person or by telephone" at the residence. The buyer "has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase." The definition excludes "A sale made pursuant to a telephone solicitation when the seller offers a full refund and right of cancellation for at least ten (10) days after receipt of the merchandise and the right of refund and cancellation is communicated during the initial telephone solicitation and is conspicuously displayed with the merchandise." In practice, a telemarketer can avoid the three-day cancellation regime by offering and disclosing a 10-day refund right.
• Deceptive practices. The Consumer Protection Act prohibits knowing deceptive practices "in the course of his business and in connection with a consumer transaction" (W.S. 40-12-105(a)). These include misrepresenting sponsorship, approval or affiliation; false statements about price; bait-and-switch; and any "unfair or deceptive acts or practices."

11. Exemptions

The main exclusions are built into the definition of "unsolicited telephonic sales call" (W.S. 40-12-301(a)(xii)):

• express requests;
• calls primarily about an existing debt or uncompleted contract;
• established business relationships; and
• callers making fewer than 225 unsolicited calls a year.

These exclusions apply to the disclosure, do-not-call, caller ID, calling-hours and unpublished-cellular rules. Except for the established-business-relationship exception for live-message autodialing, they do not apply to the automated-call ban in W.S. 40-12-303.

Other limits:

• Real estate. The do-not-call rule exempts calls responding to a seller's or lessor's yard sign or advertisement.
• Consumer purposes only. The article covers only consumer goods and services for "personal, family or household purposes."
• No industry carve-outs. There are no carve-outs for insurance, securities, banks or charities. The Consumer Protection Act separately exempts "Acts or practices required or permitted by state or federal law, rule or regulation or judicial or administrative decision" (W.S. 40-12-110(a)(i)), but that exemption is written for the Consumer Protection Act, not Article 3.

12. Private right of action, damages and limitations

Article 3. Article 3 does not expressly give consumers a cause of action or statutory damages. The penalty provision is enforced by the Attorney General. Two clauses suggest private litigation is contemplated, though:

• W.S. 40-12-304(c) provides that "In any civil litigation resulting from a transaction involving a violation of this article, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive reasonable attorney's fees and costs from the nonprevailing party."
• W.S. 40-12-304(d) provides that "The remedies provided by this section are not exclusive and shall not preclude the imposition of any other relief or criminal penalties provided by law."

The fee provision runs to the "prevailing party," so it can favor either side. Whether a consumer may sue directly for an Article 3 violation, and what damages would be available, has not been settled in any decision located for this page.

Consumer Protection Act. A consumer "relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice" (W.S. 40-12-108(a)). Class actions are allowed, with fees awarded on a time basis if actual damages are shown (W.S. 40-12-108(b)).

The act has strict notice and timing rules. The consumer must give written notice to the alleged violator "within one (1) year after the initial discovery of the unlawful deceptive trade practice" or "within two (2) years following such consumer transaction, whichever occurs first." The notice "shall state fully the nature of the alleged unlawful deceptive trade practice and the actual damage suffered therefrom." The action must be "initiated within one (1) year after the furnishing of notice" (W.S. 40-12-109).

A telemarketing call that causes no actual damage would not support a Consumer Protection Act claim. In practice, most private claims over unwanted calls to Wyoming residents are brought under the federal Telephone Consumer Protection Act (TCPA).

Limitations for Article 3. Article 3 states no limitations period for Attorney General penalty actions or private suits. Wyoming's general limitations statutes were not reviewed for this page.

13. Attorney General and agency enforcement

The "Enforcing authority" is "the Wyoming attorney general" (W.S. 40-12-301(a)(v)). "The enforcing authority shall investigate any complaints received concerning violations of this article." If the Attorney General finds "a willful violation of this article," it "may bring an action to impose a civil penalty and to seek other relief, including injunctive relief" (W.S. 40-12-304(a)).

Penalties are tiered:

• "For the first violation, not to exceed five hundred dollars ($500.00)";
• "For the second violation, not to exceed two thousand five hundred dollars ($2,500.00)";
• "For the third and subsequent violations, not to exceed five thousand dollars ($5,000.00) per violation."

Venue lies in the county where the solicitor or merchant resides or has its principal place of business, or in Laramie County. The Attorney General may settle for a "stipulated civil penalty." Penalties may be waived where the defendant "has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation" (W.S. 40-12-304(b)).

For deceptive telemarketing, the Attorney General can also use the Consumer Protection Act:

• Injunctions. Under W.S. 40-12-106, the Attorney General can seek injunctions with orders to compensate consumers.
• Subpoenas. Under W.S. 40-12-112, the Attorney General has investigative subpoena power.
• Willful violations. A person who "willfully uses, or has willfully used, a method or act, in violation of this act, is liable for a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation" (W.S. 40-12-113(c)).
• Older persons and persons with disabilities. Conduct that victimizes or attempts to victimize an older person (over 60) or a person with disabilities carries "a civil penalty of up to fifteen thousand dollars ($15,000.00) for each violation" plus restitution (W.S. 40-12-111(b)).

Wyoming has no separate state agency rulemaking for telemarketing.

How Wyoming law differs from federal law

The federal baseline consists of the TCPA at 47 U.S.C. § 227, the Federal Communications Commission (FCC) rules at 47 C.F.R. § 64.1200, and the FTC Telemarketing Sales Rule (TSR) at 16 C.F.R. Part 310.

Where Wyoming is stricter.

• Calling hours. The evening cutoff is 8 p.m. rather than 9 p.m.
• Automated calls. Sales calls that use automated number selection or dialing or recorded messages are banned, with no consent exception for recorded messages and no Duguid limitation.
• Cell phones. Unsolicited sales calls to unpublished cellular numbers are barred, regardless of the dialing method.
• Disclosures. The opening disclosures must include a contact telephone number and address.

Where Wyoming is the same. The 8 a.m. start time and the basic identity and purpose disclosures track federal requirements.

Where Wyoming is looser or silent.

• Do-not-call. The do-not-call rule refers to a private industry list, allows 60 days rather than 31, and reaches only willful calls.
• Company-specific requests. There is no company-specific do-not-call rule.
• Exemptions. The established business relationship never expires, and callers making fewer than 225 unsolicited calls a year are exempt from most duties.
• Remedies and coverage. There are no statutory damages, no text-message provision and no rule against transmitting false caller ID.

Case law

Victory Processing, LLC v. Michael, 333 F. Supp. 3d 1263 (D. Wyo. 2018). A political consulting and polling firm brought a pre-enforcement First Amendment challenge to W.S. 6-6-104, the criminal statute that bars automated dialing systems playing recorded messages for sales, data gathering and "any other use related to a political campaign." Section 6-6-104(b) exempts "the use of an automated telephone dialing system as authorized by W.S. 40-12-303." The court held that the firm had standing and that the statute "is a content-based restriction which does not pass strict scrutiny." It reasoned that the statute "completely prohibits political speech through robocalls while allowing commercial speech under certain circumstances," and concluded that W.S. 6-6-104 "does not survive strict scrutiny and is therefore unconstitutional." The Tenth Circuit appeal (No. 18-8063) ended in a stipulated voluntary dismissal. The decision addressed W.S. 6-6-104, not the civil sales-call rules in W.S. 40-12-303, and the official 2026 Title 6 compilation still prints W.S. 6-6-104. These quotations were confirmed against the opinion text indexed by CourtListener. No opinion PDF was available from an official court source, so none is posted.

No published decision construing W.S. 40-12-301 through 40-12-305 was located.

Recent amendments

• No recent amendments located. The text of W.S. 40-12-301 through 40-12-305 is the same in the Legislature's "2026 Wyoming Statutes" database and in the official Title 40 file generated in May 2026. No bill amending Article 3 was found among recent Wyoming legislation reviewed for this page.
• 2020 H.B. 236 ("Caller identification fraud-criminal liability"). Not enacted. Its last recorded action was "H Did not Consider for Introduction Vote" (February 14, 2020). The bill would have barred misleading caller ID in sales calls and created a felony for do-not-call violations combined with misleading caller ID.

Compliance checklist

1. Before making unsolicited sales calls into Wyoming, file the W.S. 40-12-305 notice with the Wyoming Attorney General, stating your intent to comply and designating an agent for service of process.
2. Make unsolicited sales calls only between 8 a.m. and 8 p.m. at the consumer's location.
3. Do not use autodialers, predictive dialers or recorded messages for Wyoming sales calls unless the call fits a W.S. 40-12-303(b) exception, and even then use only live messages. Treat prerecorded and artificial-voice sales messages as prohibited.
4. Do not make unsolicited sales calls to unpublished Wyoming cellular numbers. Document the basis, such as an established business relationship, an express request or an existing contract, for any cell-phone sales call.
5. Scrub against the National Do Not Call Registry every 31 days, as federal law requires, and against any successor to the Telephone Preference Service list. Never rely on Wyoming's 60-day grace period.
6. At the start of every call, give the caller's name, the company's identity, a callback number and address, the sales purpose and the nature of the goods or services.
7. Transmit caller ID and never block or circumvent it. Use accurate, callable numbers.
8. Keep an internal do-not-call list, as federal rules require, and treat a consumer's do-not-call request as ending any established business relationship under Wyoming law.
9. For sales completed by phone, offer and disclose during the call a full refund and cancellation right of at least 10 days after receipt, display it with the merchandise, or comply with the three-day home solicitation cancellation rules.
10. Apply federal consent and opt-out rules to marketing texts sent to Wyoming numbers, since Wyoming law is unsettled on texts.

References

• W.S. 40-12-301 to 40-12-305 (2026 Wyoming Statutes database): https://wyoleg.gov/NXT/gateway.dll/2026%20Wyoming%20Statutes/2026%20Titles/2270/2284/2287?f=templates&fn=document-frameset.htm
• Wyoming Statutes Title 40 (official PDF, including W.S. 40-12-101 to 40-12-114 and 40-12-301 to 40-12-305): https://wyoleg.gov/statutes/compress/title40.pdf
• Wyoming Statutes Title 6 (official PDF, including W.S. 6-6-104): https://wyoleg.gov/statutes/compress/title06.pdf
• Victory Processing, LLC v. Michael, 333 F. Supp. 3d 1263 (D. Wyo. 2018), CourtListener: https://www.courtlistener.com/?q=%22Victory+Processing%22+Michael
• 2020 H.B. 236 bill information: https://www.wyoleg.gov/Legislation/2020/HB0236
• 2020 H.B. 236 status record: https://web.wyoleg.gov/LsoService/api/BillInformation/2020/HB0236
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.