Sales calls to Wyoming consumers must end at 8 p.m. local time, an hour earlier than the federal limit. That’s one of several rules in Wyoming’s telephone solicitation statute, which also restricts automated dialing and bars willful sales calls to unpublished cell numbers. The statute has no per-call damages for consumers, and callers making fewer than 225 unsolicited calls a year fall outside most of it. Its fee-shifting clause cuts both ways, which gives a business with a strong defense a real advantage.
Who does Wyoming’s law cover?
Telephone solicitors and merchants making unsolicited sales calls to consumers in Wyoming, from inside or outside the state.
W.S. 40-12-301 defines a “Telephone solicitor” as any person or entity “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.” Doing business includes calls “from other states or nations to consumers located in Wyoming.”
Most rules apply only to an “Unsolicited telephonic sales call.” That term excludes calls made “In response to an express request of the person called,” calls about an existing debt or contract, calls to people with an established business relationship, and calls “By a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year.” The established business relationship has no time limit, unlike the federal 18-month and three-month windows.
What must a caller do on an unsolicited sales call?
Disclose the caller and purpose at the start, keep caller ID visible, and call only between 8 a.m. and 8 p.m.
W.S. 40-12-302 requires the caller to disclose “at the outset of the conversation and in a clear and conspicuous manner” the caller’s name, the business with a phone number and address, that the purpose is to sell, and what’s being sold. Subsection (d) bars unsolicited sales calls “before the hour of 8 a.m. or after 8 p.m. local time at the consumer’s location.” Subsection (c) prohibits knowingly blocking caller ID.
Two more rules matter for list-based campaigns. Subsection (b) bars willful calls to numbers “more than sixty (60) days after the number for that telephone appears in the national do-not-call list,” and subsection (e) bars willful unsolicited sales calls “to any unpublished cellular telephone number.” Both require willfulness, which a scrub error or an innocent list purchase shouldn’t satisfy.
Does Wyoming restrict automated calls?
Yes. Automated dialing and recorded messages are barred for sales calls, with three exceptions for live-message dialing.
W.S. 40-12-303(a) prohibits a sales call that “involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed.” Subsection (b) allows automated dialing with live messages if the calls respond to calls the consumer started, if the numbers were screened against the do-not-call list and unlisted numbers, or if the caller has an established business relationship.
Recorded sales messages have no exception in subsection (b). A prerecorded sales campaign reaching Wyoming numbers is the riskiest practice under this statute, and it also needs prior express written consent under the federal rule in 47 C.F.R. § 64.1200.
Who enforces the law, and what does a violation cost?
The Attorney General, with escalating civil penalties for willful violations. Either side can win fees in private litigation.
Under W.S. 40-12-304, the Attorney General may seek penalties after finding “a willful violation,” up to $500 for the first, $2,500 for the second, and $5,000 per violation after that. Penalties may be waived if the business made full restitution. Good-faith error is an affirmative defense to an Attorney General Do Not Call action.
The statute doesn’t create a per-call consumer damages remedy. It does provide that in “any civil litigation resulting from a transaction involving a violation of this article, the prevailing party” shall receive reasonable fees and costs. That clause reaches only litigation arising from a transaction, and it applies to whichever side wins. Most Wyoming consumers who sue over calls bring federal TCPA claims instead, where damages are $500 per violation, up to $1,500 if willful or knowing.
| Wyoming rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Opening disclosures | 40-12-302(a) | Attorney General penalties for willful violations | Under 225 calls a year; scripts |
| Calls after 8 p.m. | 40-12-302(d) | Same | Time-zone settings; requested call |
| Do Not Call list after 60 days | 40-12-302(b) | Same | Not willful; good-faith error |
| Unpublished cell numbers | 40-12-302(e) | Same | Not willful; number source records |
| Automated dialing or recorded messages | 40-12-303 | Same | Live message with screened list or relationship |
Steps to take when a Wyoming claim arrives
- Preserve dialer logs, recordings, and sales and consent records for the Wyoming numbers, under a litigation hold.
- Pull stop requests and internal do-not-call records, with dates.
- Pull Registry scrub records and their version dates, plus annual call counts for Wyoming.
- Gather scripts, recorded message files, lead-source contracts, and any notice filed with the Attorney General.
- Have a lawyer review the claim before responding, calling the consumer, or offering a payment.
The annual call count in step 3 is easy to overlook and can end a Wyoming matter. More on defending telemarketing claims is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about Wyoming telephone solicitation law
Do out-of-state callers have to file anything in Wyoming?
Yes. W.S. 40-12-305 requires each telephone solicitor making unsolicited sales calls and doing business in the state to file a statement with the Attorney General and designate an agent for service of process. The filing also states the caller’s intent to follow the article.
Is a business that makes few calls exempt?
Largely. A call by a solicitor or merchant “making less than two hundred twenty-five (225) unsolicited calls per year” isn’t an unsolicited telephonic sales call, which removes it from the disclosure, calling-hours, and Do Not Call rules. Keeping annual Wyoming call counts makes that defense provable.
Which Do Not Call list does Wyoming use?
The statute defines the national list as the one maintained by the Direct Marketing Association’s Telephone Preference Service “or its successor organization.” Callers should scrub against the National Do Not Call Registry regardless, because federal rules require it for any telephone solicitation.
Can a defendant recover fees in Wyoming?
Possibly. The fee clause in W.S. 40-12-304(c) awards fees to “the prevailing party” in civil litigation arising from a transaction involving a violation, not only to consumers. A defendant that wins such a case has a statutory basis to seek its fees.
Defending Wyoming telemarketing claims
If your company has received a Wyoming complaint, an Attorney General inquiry, or a lawsuit over sales calls, the call-volume exemption and the willfulness requirement usually decide the matter. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving automated sales calls. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
Wyo. Stat. §§ 40-12-301 to 40-12-305; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 24, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.