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VOGEL v. ONYX ACCEPTANCE CORP.

No. S-11-0061.

267 P.3d 1057 (2011)

2011 WY 163

Jeffrey C. VOGEL, Administrator of the Wyoming Uniform Consumer Credit Code, Appellant (Respondent), v. ONYX ACCEPTANCE CORPORATION, Appellee (Petitioner).

Supreme Court of Wyoming.

December 19, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Gregory A. Phillips , Wyoming Attorney General; Michael L. Hubbard , Deputy Attorney General; Ryan Schelhaas , Senior Assistant Attorney General. Argument by Mr. Schelhaas.

Representing Appellee: Gregory C. Dyekman , Dray, Dyekman, Reed & Healey, P.C., Cheyenne, Wyoming; Michael H. Gottschlich , Barnes, & Thornburg, LLP, Indianapolis, Indiana. Argument by Mr. Dyekman.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

KITE, Chief Justice.

[¶ 1] The Wyoming Division of Banking (Division) performed a Wyoming Uniform Consumer Credit Code (WUCCC or Code) compliance examination of Onyx Acceptance Corporation (Onyx) and determined it was improperly charging its Wyoming customers fees for making payments by telephone or internet. The Division ordered Onyx to stop charging the fees and refund the fees collected. Onyx appealed the order and the Office of Administrative Hearings (OAH...

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