Search is not available for this dataset
url
stringlengths 42
388
| state
stringclasses 51
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-278/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 10 - Cigarette Ignition Propensity Standards.›Section 8-17-278 - Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fu...
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-278 - Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund.
|
Section 8-17-278
Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund.
There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies recovered as penalties under Section 8-17-275. The monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for that purpose, be made available to the State Fire Marshal to support fire safety and prevention programs. All payments from the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund shall be made on the audit and warrant of the state Comptroller on vouchers certified and submitted by the State Fire Marshal.
(Act 2009-630, p. 1927, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-279/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 10 - Cigarette Ignition Propensity Standards.›Section 8-17-279 - Cigarettes for Sale Outside State.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-279 - Cigarettes for Sale Outside State.
|
Section 8-17-279
Cigarettes for sale outside state.
Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 8-17-272 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
(Act 2009-630, p. 1927, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-280/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 10 - Cigarette Ignition Propensity Standards.›Section 8-17-280 - Federal Preemption.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-280 - Federal Preemption.
|
Section 8-17-280
Federal preemption.
This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective.
(Act 2009-630, p. 1927, §11.)
|
https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-281/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 10 - Cigarette Ignition Propensity Standards.›Section 8-17-281 - Relation to Local Provisions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-281 - Relation to Local Provisions.
|
Section 8-17-281
Relation to local provisions.
This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in accordance with this article and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or rule conflicting with or preempted by this article.
(Act 2009-630, p. 1927, §12.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-1 - Short Title.
|
Section 8-18-1
Short title.
This chapter shall be known as the "Alabama Motion Picture Fair Competition Act."
(Acts 1978, No. 591, p. 702, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-2 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-2 - Definitions.
|
Section 8-18-2
Definitions.
As used in this chapter:
(1) PERSON. One or more individuals, partnerships, associations, societies, trusts, organizations or corporations.
(2) THEATRE. Any establishment in which motion pictures are exhibited to the public regularly for a charge.
(3) DISTRIBUTOR. Any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
(4) EXHIBITOR. Any person engaged in the business of operating one or more theatres.
(5) EXHIBIT or EXHIBITION. Showing a motion picture to the public for a charge.
(6) INVITATION TO BID. A written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.
(7) BID. A written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture.
(8) LICENSE AGREEMENT. Any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(9) TRADE SCREENING. The showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Alabama, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
(10) BLIND BIDDING. The bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture.
(11) RUN. The continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area, a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run. An "exclusive run" is any run limited to a single theatre in a defined geographic area and a "nonexclusive run" is any run in more than one theatre in a defined geographic area.
(Acts 1978, No. 591, p. 702, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-3 - Legislative Intent.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-3 - Legislative Intent.
|
Section 8-18-3
Legislative intent.
The intent of this chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, to promote fair and effective competition in that business and to insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their municipalities or towns.
(Acts 1978, No. 591, p. 702, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-4 - Blind Bidding Prohibited; Notice of Trade Screening Required.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-4 - Blind Bidding Prohibited; Notice of Trade Screening Required.
|
Section 8-18-4
Blind bidding prohibited; notice of trade screening required.
(a) Blind bidding is hereby prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture, before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(b) A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.
(c) Any purported waiver of the prohibition against blind bidding in this chapter shall be void and unenforceable.
(Acts 1978, No. 591, p. 702, §4.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-5 - Bidding Procedures.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-5 - Bidding Procedures.
|
Section 8-18-5
Bidding procedures.
(a) If bids are solicited from exhibitors for the licensing of a motion picture within the state, then:
(1) The invitation to bid shall specify:
a. Whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexclusive run; and the geographic area for the run;
b. The names of all exhibitors who are being solicited;
c. The date and hour the invitation to bid expires; and
d. The time, date and the location, including the address, where the bids will be opened.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
(3) Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within 10 business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.
(b) Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
(Acts 1978, No. 591, p. 702, §5.)
|
https://law.justia.com/codes/alabama/title-8/chapter-18/section-8-18-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 18 - Motion Picture Fair Competition.›Section 8-18-6 - Award of Damages and Attorneys' Fees in Civil Actions; Injunctive, etc., Relief.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 18 - Motion Picture Fair Competition. › Section 8-18-6 - Award of Damages and Attorneys' Fees in Civil Actions; Injunctive, etc., Relief.
|
Section 8-18-6
Award of damages and attorneys' fees in civil actions; injunctive, etc., relief.
In any civil action for damages against a person for violation of the provisions of this chapter, the court may award damages to the prevailing party and reasonable attorneys' fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy.
(Acts 1978, No. 591, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-1 - Short Title.
|
Section 8-19-1
Short title.
This chapter shall be known and may be cited as the "Deceptive Trade Practices Act."
(Acts 1981, No. 81-355, p. 510, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-2 - Legislative Intent.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-2 - Legislative Intent.
|
Section 8-19-2
Legislative intent.
The public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consuming public and the legitimate businessperson.
(Acts 1981, No. 81-355, p. 510, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-3 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-3 - Definitions.
|
Section 8-19-3
Definitions.
As used in this chapter, the following words and phrases shall have the meanings hereinafter ascribed to them:
(1) ATTORNEY GENERAL. The Attorney General of the State of Alabama or his or her duly designated representatives.
(2) BONA FIDE INVENTORY REPURCHASE PROGRAM. A program by which an entity repurchases from a salesperson current and marketable inventory in possession of the salesperson, on request and on commercially reasonable terms, when the salesperson's business relationship is terminated.
(3) COMMERCIALLY REASONABLE TERMS. The repurchase of current and marketable inventory within 12 months after the date of purchase at not less than 90 percent of the original net cost, less appropriate set-offs and legal claims, if any.
(4) CONSUMER. Any natural person who buys goods or services for personal, family, or household use.
(5) CURRENT AND MARKETABLE. The term does not include inventory to which any of the following apply:
a. Is no longer within its commercially reasonable use or shelf-life period.
b. Was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or organization's inventory repurpose program.
c. Has been used or opened.
(6) GOODS. Includes but is not limited to any property, tangible or intangible, real, personal, or any combination thereof, and any franchise, license, distributorship, or other similar right, privilege, or interest.
(7) INVENTORY. Includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase.
(8) INVENTORY LOADING. The requirement or encouragement by a plan or operation to have the independent salesperson of the plan or operation purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to use or consume in a reasonable time period, or both.
(9) KNOW, KNOWING, KNOWINGLY, KNOWLEDGE, and KNEW. Either actual awareness or such awareness as a reasonable person should have considering all the surrounding circumstances.
(10) PERSON. Includes, but is not limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
(11) PYRAMID PROMOTIONAL SCHEME. A plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale or consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of people who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation. The term also includes any plan or operation under which a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation.
(12) SALE, BUYING, and DISTRIBUTION. In addition to their ordinary meanings, include, but are not limited to, the act of leasing, renting, or consigning.
(13) SERVICES. Work, labor, and other services, including, but not limited to, services furnished in connection with the sale or repair of goods.
(14) TRADE or COMMERCE. Includes, but is not limited to, the advertising, buying, offering for sale, sale or distribution or performance of any service or goods, and any other article, commodity, or thing of value wherever situated and shall include any trade or commerce affecting the people of this state.
(Acts 1981, No. 81-355, p. 510, §3; Act 2021-349, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-4 - Enforcement
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-4 - Enforcement
|
Section 8-19-4
Enforcement
(a) The office of the Attorney General and the district attorneys shall have the following functions, powers, and duties:
(1) Conduct preliminary investigations to determine the merit of complaints, provided, however, the office of the Attorney General or the district attorneys need not handle any complaint which lacks merit, has been made in bad faith, or may be readily resolved between the parties.
(2) Receive information and documentary material from complainants and take whatever action is appropriate in connection therewith as authorized by this chapter. The office of the Attorney General and the district attorneys may otherwise receive and investigate complaints with respect to acts or practices declared to be unlawful by this chapter, and inform the complainants with respect thereto. Said persons may institute legal proceedings or take such other actions provided for herein which are necessary or incidental to the exercise of its powers and functions.
(3) For the purpose of enforcing subdivision (23) of Section 8-19-5, share information with and request information from any federal agency and any other agency of any other state or any local agency thereof.
(b) Each department, agency, officer, or employee of the state shall cooperate with and assist the office of the Attorney General or a district attorney in the performance of its functions, powers, and duties. When a complaint is referred by the office of the Attorney General or a district attorney to a department, agency, officer, or employee of the state or a county, such entity shall, upon final disposition of the complaint, make a final report in writing to the office of the Attorney General or a district attorney describing the action taken and the final results of that action.
(c) Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of the state, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers and duties, nor shall good faith compliance with any federal or state law or regulation be a violation of this chapter with respect to that specific act of compliance.
(d) Nothing contained in this chapter shall be deemed to supersede, take precedence over, or preempt any remedy, either criminal or civil, available to the Commissioner of Agriculture and Industries or the Board of Agriculture and Industries in the enforcement of those laws and regulations under the jurisdiction of the commissioner or the board.
(Acts 1981, No. 81-355, p. 510, §4; Act 2002-496, p. 1276, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-5 - Unlawful Trade Practices.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-5 - Unlawful Trade Practices.
|
Section 8-19-5
Unlawful trade practices.
The following deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful:
(1) Passing off goods or services as those of another, provided that this section shall not prohibit the private labeling of goods or services.
(2) Causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.
(3) Causing confusion or misunderstanding as to the affiliation, connection, or association with, or certification by another, provided that this section shall not prohibit the private labeling of goods or services.
(4) Using deceptive representations or designations of geographic origin in connection with goods or services.
(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship, approval, status, affiliation, or connection that he or she does not have.
(6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, secondhand, or altered to the point of decreasing their value or rendering the goods unfit for the ordinary purpose for which they were purchased, provided that this subdivision shall not apply to new goods which have been reconditioned, reclaimed, or repaired and such fact is disclosed to the purchaser.
(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
(8) Disparaging the goods, services, or business of another by false or misleading representation of fact.
(9) Advertising goods or services with intent not to sell them as advertised.
(10) Advertising goods or services with intent not to supply reasonably expectable public demand unless the advertisement discloses a limitation of quantity.
(11) Making a false or misleading statement of fact concerning the reasons for, existence of, or amounts of, price reductions.
(12) Knowingly failing to identify flood, water, fire, or accidentally damaged goods as damaged goods if they are damaged to the point of decreasing their value or rendering the goods unfit for the ordinary purpose for which they were purchased, provided, that this subdivision shall not apply to accidentally damaged new goods where the goods are reconditioned, reclaimed, or repaired to substantially their original condition and such fact is disclosed to the purchaser.
(13) Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service.
(14) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction.
(15) Disconnecting, turning back, replacing, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge with the intent of deception.
(16) Advertising of any sale by falsely representing that a person is going out of business.
(17) After receipt of payment for goods or services, failing to ship the goods or furnish such services within the time advertised or otherwise represented or, if no specific time is advertised or represented, failing to ship the goods or furnish such services within 30 days, unless within the applicable time period the seller provides the buyer with the option to either cancel the sales agreement and receive a refund of all previous payments to the seller or to extend the date to a specific date proposed by the seller. Any refund shall be mailed or delivered to the buyer within 10 business days after the seller receives written notification from the buyer of the buyer's option to cancel the sales agreement and receive the refund.
(18) Using or employing a chain referral sales plan in connection with the sale or offering for sale of goods, merchandise, or anything of value, involving a sales technique, plan, arrangement, or agreement in which the buyer or prospective buyer is offered the opportunity to purchase merchandise or goods and in connection with the purchase receives the seller's promise or representation that the buyer shall have the right to receive compensation or consideration in any form for furnishing to the seller the names of other prospective buyers, if the receipt of the compensation or consideration is contingent upon the occurrence of an event subsequent to the time the buyer purchased the goods, merchandise, or anything of value.
(19) Establishing, promoting, or operating a pyramid promotional scheme.
a. Nothing in this subdivision may be construed to prohibit a plan or operation, or to define a plan or operation, where the participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property for personal use, consumption, or resale if the plan or operation does not cause inventory loading and the plan or operation implements a bona fide inventory repurchase program.
b. A bona fide inventory repurchase program under this subdivision is subject to the following requirements:
1. The program shall be clearly described in its recruiting literature, sales manual, or contracts.
2. The recruiting literature, sales manual, or contracts shall disclose any inventory that is not eligible for repurchase under the program, including inventory that is beyond the commercially reasonable use or shelf life period or has been used or opened.
c. Before a repurchase of inventory is made, the entity operating the repurchase program shall clearly describe the inventory that is excluded from the entity's bona fide repurchase program as seasonal, discontinued, or special promotion products and the inventory that is not subject to the entity's bona fide inventory repurchase program.
(20) In connection with any seller-assisted marketing plan, either misrepresenting the amount or extent of earnings to result therefrom, or misrepresenting the extent or nature of the market for the goods or services, or both, sold or delivered in connection with the plan, or misrepresenting that the seller of the plan will repurchase all or part of the goods or services, or both, sold or delivered in connection with the plan, or failing to deliver goods or services, or both, within the time represented. As used herein, "seller-assisted marketing plan" includes any plan, scheme, or system in which for a consideration a buyer acquires goods or services, or both, together with a plan, scheme, or system for the resale of the goods or services, or both.
(21) Intentionally misrepresenting that a warranty or guarantee confers or involves certain rights or remedies.
(22) In selling a new motor vehicle, failing to disclose material damage to the motor vehicle as prescribed hereafter:
a. Each manufacturer, importer, or distributor of new motor vehicles sold or transferred to a motor vehicle dealer in this state, shall notify the motor vehicle dealer in writing prior to delivery of the vehicle of any material damage to the vehicle which is known to the manufacturer, importer, or distributor, and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete but prior to delivery of the vehicle to the dealer.
b. In selling a new motor vehicle, each motor vehicle dealer in this state shall notify the purchaser in writing at the time of sale of any material damage to the vehicle which is known to the motor vehicle dealer and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete, but prior to delivery of the vehicle to the purchaser.
c. For purposes of this section, "material damage" means damage sustained or incurred by a motor vehicle, whether corrected or uncorrected, which cost to repair exceeds three percent of the manufacturer's suggested retail price of the vehicle based upon the dealer's retail repair cost or the sum of five hundred dollars ($500), whichever is greater. Damage to tires, glass, bumpers, and in-dash audio equipment shall not be considered in determining the cost of repair if those components are replaced by identical manufacturer's original equipment. The failure of a manufacturer, importer, distributor, or motor vehicle dealer to give notice of damage below the threshold constituting material damage shall not provide grounds for revocation of the sale nor shall such failure constitute a material misrepresentation or omission of fact.
d. Each manufacturer, importer, or distributor of new motor vehicles shall indemnify and hold harmless the motor vehicle dealer obtaining a vehicle from the manufacturer, importer, or distributor from and against any liability, including reasonable attorneys' fees, which the motor vehicle dealer may have to the purchaser of the vehicle as a result of damage to the new motor vehicle which was known to the manufacturer, importer, or distributor, which occurred prior to delivery of the vehicle to the dealer, and which was not disclosed in writing to the dealer prior to delivery of the vehicle. This indemnity obligation of the manufacturer, importer, or distributor shall apply regardless of whether the damage constitutes material damage.
(23) Affixing an Alabama revenue stamp, including local municipal or county stamps, to, or upon, any package of cigarettes, or selling or holding for sale any package of cigarettes to which an Alabama revenue stamp, including local municipal or county stamps, has been affixed, if:
a. The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et seq.), for the placement of labels, warnings, or any other information upon a package of cigarettes that is to be sold within the United States;
b. The package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;
c. The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph a. or b. of this subdivision;
d. With respect to the cigarettes, any person is not in compliance with 15 U.S.C. § 1335a (relating to submission of ingredient information to federal authorities), 19 U.S.C. § 1681-1681b (relating to imports of certain cigarettes), 26 U.S.C. § 5754 (relating to previously exported tobacco products), or any other federal law or implementing federal regulations; or
e. The package in any way violates federal trademark or copyright laws.
For the purposes of this subdivision, the term "package" means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. Also for the purposes of this subdivision, the term "Alabama revenue stamp" means the stamp or stamps by the use of which the tax levied under Article 1 of Chapter 25 of Title 40, is paid.
(24) Engaging in the sale, distribution, possession, acquisition, importation, or transportation of any cigarettes that do not comply with all applicable requirements imposed by or pursuant to federal law and federal implementing regulations.
(25) Engaging in a scheme or artifice to defraud by telephone communication. For purposes of this subdivision, a "scheme or artifice to defraud" means a systematic, ongoing course of conduct with the specific intent to defraud one or more persons in order to obtain property from that person by a telephone communication; and "telephone communication" means the transmission of information by the use of the telephone, with the specific intent of defrauding a person by a material misrepresentation and obtaining property from that person as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the other person a gift, award, or prize, where the person making the communication has actual knowledge at the time of making the communication that the communication was materially false and the person making the communication specifically intended to deprive the other person of real or personal property as a result of the false communication.
(27) Engaging in any other unconscionable, false, misleading, or deceptive act or practice in the conduct of trade or commerce.
(Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act 99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1; Act 2021-349, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-6 - Interpretation.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-6 - Interpretation.
|
Section 8-19-6
Interpretation.
It is the intent of the legislature that in construing Section 8-19-5, due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(Acts 1981, No. 81-355, p. 510, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-7 - Exemptions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-7 - Exemptions.
|
Section 8-19-7
Exemptions.
Nothing in this chapter shall apply to:
(1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement;
(2) Any seller of goods or services who meets all the following requirements:
a. Has disseminated advertisement or promotional material from a manufacturer, packer, distributor, or other seller, from whom he has purchased the goods or services, unless the seller knew the advertisement or promotional material to be false or misleading; and
b. On the request of the Attorney General or district attorney, provides the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the goods or services; and
c. On the request of the Attorney General or district attorney, agrees in writing to discontinue dissemination of such false and misleading material;
(3) Any person or activity which is subject to the provisions of the Alabama Insurance Code, Title 27, as amended, or any bank or affiliate of a bank which is regulated by the State Banking Department of Alabama, the Comptroller of the Currency of the United States, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, or to any person or activity which is subject to the provisions of Title 10, Chapter 4, Article 6, or to the regulated activities of any utility, telephone company or railroad which is regulated by the Alabama Public Service Commission;
(4) Any violation of the Federal Consumer Credit Protection Act (15 U.S.C. §1601 et seq.);
(5) Any activity which is subject to the provisions of the Securities Act of Alabama, Chapter 6 of this title or to the provisions of the Sale of Checks Acts, Chapter 7 of this title; or to the provisions of Article 5 of Chapter 6 of this title (relating to a notification procedure for the issuance of certain industrial revenue bonds).
(6) For purposes of this section, the burden of proving exemption from the provisions of this chapter shall be upon the person claiming the exemption.
(Acts 1981, No. 81-355, p. 510, §7.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-8 - Restraining Orders.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-8 - Restraining Orders.
|
Section 8-19-8
Restraining orders.
(a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in, has engaged in or is about to engage in any act or practice declared to be unlawful by this chapter, the Attorney General or the district attorney may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary or permanent injunction such acts or practices. However, unless the Attorney General or district attorney determines that a person subject to the provisions of this chapter designs quickly to depart from this state or to remove his property therefrom, or to conceal himself or his property therein, or to continue practices unlawful under this chapter, he shall, before initiating any legal proceedings is contemplated, allow such person a reasonable opportunity to appear before the Attorney General or district attorney and solve the dispute to the parties' satisfaction.
(b) The court may appoint a master or receiver or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made, or whenever a person who has been ordered to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable, and assess the expenses of the master or receiver against the defendant.
(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of the provisions of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.
(d) The penalties authorized under this section shall not apply to any person who shows by a preponderance of evidence that he had established reasonable procedures to comply with the provisions of this chapter.
(e) The court may grant such other appropriate relief as the court may determine.
(Acts 1981, No. 81-355, p. 510, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-9 - Discovery of Information.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-9 - Discovery of Information.
|
Section 8-19-9
Discovery of information.
Before any action is commenced, the Attorney General or the district attorneys may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General or district attorney may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
(Acts 1981, No. 81-355, p. 510, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-10 - Private Right of Action.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-10 - Private Right of Action.
|
Section 8-19-10
Private right of action.
(a) Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer, and any person who commits one or more of the acts or practices declared unlawful in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another person, shall be liable to each consumer or other person for:
(1) Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater; or
(2) Up to three times any actual damages, in the court's discretion. In making its determination under this subsection, the court shall consider, among other relevant factors, the amount of actual damages awarded, the frequency of the unlawful acts or practices, the number of persons adversely affected thereby, and the extent to which the unlawful acts or practices were committed intentionally; and
(3) In the case of any successful action or counterclaim to enforce the foregoing liability or in which injunctive relief is obtained, the costs of the action or counterclaim, together with a reasonable attorney's fee. On a finding by the court that an action or counterclaim under this section was frivolous or brought in bad faith or for the purpose of harassment, the court shall award to the defendant (or counterclaim-defendant) reasonable attorney's fees and costs.
(b) The liability provided in this section may be enforced by counterclaim in an action arising from the same transaction without regard to the statute of limitations provided in Section 8-19-14.
(c) Any action under this section may be brought in the circuit court for the county in which the defendant resides, has his or her principal place of business, is doing business, or committed the unlawful act or practice.
(d) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and to the local district attorney and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment, or decree to the office of the Attorney General and to the local district attorney.
(e) At least 15 days prior to the filing of any action under this section, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be communicated to any prospective respondent by placing in the United States mail or otherwise. Any person receiving such a demand for relief who, within 15 days of the delivering of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning this rejection. If the court finds that the relief tendered was sufficient to compensate the petitioner for his or her actual damages, the court shall not award any additional damages or attorney's fees or costs to the petitioner. The demand requirements of this subsection shall not apply if the prospective respondent does not maintain a place of business or does not keep assets within the state, but such respondent may otherwise employ the provisions of this section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this section. All written tenders of settlement such as described in this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter.
(f) A consumer or other person bringing an action under this chapter may not bring an action on behalf of a class. The limitation in this subsection is a substantive limitation and allowing a consumer or other person to bring a class action or other representative action for a violation of this chapter would abridge, enlarge, or modify the substantive rights created by this chapter.
(g) Notwithstanding the limitation in subsection (f), only the office of the Attorney General or district attorney shall have the right and authority to bring action in a representative capacity on behalf of any named person or persons. In any such representative action brought by the office of the Attorney General or a district attorney, the court shall not award minimum damages or treble damages, but recovery shall be limited to actual damages suffered by the person or persons, plus reasonable attorney's fees and costs.
(h) Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of subdivision (23) of Section 8-19-5 may bring an action in good faith for appropriate injunctive relief.
(Acts 1981, No. 81-355, p. 510, §10; Act 2002-496, p. 1276, §1; Act 2016-407, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-11 - Penalties.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-11 - Penalties.
|
Section 8-19-11
Penalties.
(a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per violation and shall be adjudged in contempt. For the purpose of this section, any circuit court issuing an injunction or order under this chapter shall retain jurisdiction, and in such cases the Attorney General or the district attorney acting in the name of the state may petition for recovery of such civil penalties.
(b) Any person who is knowingly engaging in or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the Attorney General or a district attorney acting in the name of the state to the circuit court for the county in which the defendant resides, is doing business, or has his/her principal place of business, or the county in which the unlawful act or practice was or is being committed.
(c) Furthermore, upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (a) of this section, and upon petition by the Attorney General or a district attorney, the circuit court of general jurisdiction of a county may, in its discretion, order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship which willfully violates the terms of any injunction issued under Section 8-19-8.
(d) The penalties authorized under this section shall not apply to any offender who shows by a preponderance of evidence that he had established reasonable procedures to comply with this chapter or with any injunction issued under Section 8-19-8.
(e) In any successful action or petition brought under this section, the court shall award the office of the Attorney General and/or the office of the district attorney reasonable attorney's fees and costs.
(f) All penalties collected under this section shall be remitted by the circuit court to the state treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney, whichever initiated the action or petition resulting in imposition of such penalties.
(Acts 1981, No. 81-355, p. 510, §11.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-12 - Violations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-12 - Violations.
|
Section 8-19-12
Violations.
(a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor.
(b) In addition to any other penalties set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5:
(1) Shall be guilty of a Class A misdemeanor.
(2) Shall be subject to the revocation of any license or permit pertaining to the sale or distribution of cigarettes or other tobacco products, including, but not limited to, any license or permit issued by the Commissioner of Revenue pursuant to Chapter 25 of Title 40.
(c) Notwithstanding any other provision of law, any law enforcement officer or agent of the Department of Revenue shall seize any cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized shall be deemed contraband goods and shall be confiscated and destroyed. Such cigarettes shall be deemed contraband goods whether the violation is knowing or otherwise.
(Acts 1981, No. 81-355, p. 510, §12; Act 99-583, p. 1327, §1; Act 2002-496, p. 1276, §1; Act 2009-503, p. 929, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-13/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-13 - Defense.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-13 - Defense.
|
Section 8-19-13
Defense.
Any person against whom any civil action or proceeding is brought pursuant to this chapter shall have a defense to such action or proceeding upon a showing by a preponderance of the evidence presented that such person did not knowingly commit any act or knowingly engage in any activity which constitutes a violation of any provision of this chapter.
(Acts 1981, No. 81-355, p. 510, §13.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-14/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-14 - Statute of Limitations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-14 - Statute of Limitations.
|
Section 8-19-14
Statute of limitations.
No action may be brought under this chapter more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action, but in no event may any action be brought under this chapter more than four years from the date of the transaction giving rise to the cause of action unless the contract or warranty is for more than three years. If the contract or warranty is for more than three years, no action may be brought more than one year from the expiration date of the contract or warranty or more than one year after the person bringing the action discovered or reasonably should have discovered the act or practice which is the subject of the action, whichever occurs first.
(Acts 1981, No. 81-355, p. 510, §14.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-15/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19 - Deceptive Trade Practices.›Section 8-19-15 - Savings Clause.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19 - Deceptive Trade Practices. › Section 8-19-15 - Savings Clause.
|
Section 8-19-15
Savings clause.
(a) The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive. An election to pursue the civil remedies prescribed in this chapter shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter.
(b) An election to pursue any civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter shall exclude and be a surrender of all rights and remedies available under this chapter. All other remedies, penalties or actions presently provided by statute or common law or hereafter provided for in any other law or rule of procedure are cumulative with the provisions, remedies and actions in this chapter and this chapter shall not be construed to repeal or supersede any law not inconsistent herewith.
(Acts 1981, No. 81-355, p. 510, §15.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-1 - Short Title.
|
Section 8-19A-1
Short title.
This chapter may be cited as the "Alabama Telemarketing Act."
(Acts 1994, No. 94-650, p. 1220, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-2 - Liberal Construction.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-2 - Liberal Construction.
|
Section 8-19A-2
Liberal construction.
The provisions of this chapter shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.
(Acts 1994, No. 94-650, p. 1220, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-3 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-3 - Definitions.
|
Section 8-19A-3
Definitions.
As used in this chapter and Chapter 19C, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) CALLER IDENTIFICATION SERVICE. A type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls.
(2) COMMERCIAL TELEPHONE SELLER. Any person who engages in commercial telephone solicitation on his or her own behalf or through salespersons, except that a commercial telephone seller does not include any of the persons or entities exempted from this chapter by Section 8-19A-4. A commercial telephone seller does not include a salesperson as defined in subdivision (15). A commercial telephone seller includes, but is not limited to, owners, operators, officers, directors, partners, or other individuals engaged in the management activities of a business entity pursuant to this chapter.
(3) COMMERCIAL TELEPHONE SOLICITATION.
a. An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with this chapter for the purpose of inducing the person to purchase or invest in consumer goods or services.
b. Other communication with a person where:
1. A gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication.
2. A telephone call response is invited.
3. The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call.
c. Other communication with a person which represents a price, quality, or availability of consumer goods or services and which invites a response by telephone or which is followed by a call to the purchaser by a salesperson. For purposes of this section, "other communication" means a written or oral notification or advertisement transmitted through any means. Also, for purposes of this section, "invites a response by telephone" does not mean the mere listing or including of a telephone number in a notification or advertisement.
(4) COMMISSION. The Alabama Public Service Commission.
(5) CONSUMER. An actual or prospective purchaser, lessee, or recipient of consumer goods or services.
(6) CONSUMER GOODS OR SERVICES. Any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes including, without limitation, any property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as cemetery lots, timeshare estates and licenses, and any services related to the property.
(7) DIVISION. The Consumer Division of the Office of the Attorney General.
(8) DOING BUSINESS IN THIS STATE. Businesses conducting telephonic sales calls from a location in Alabama or from other states or nations to consumers located in Alabama.
(9) ENFORCING AUTHORITY. The division or the office of the district attorney if a violation of this chapter occurs in or affects the judicial circuit under the jurisdiction of the office of the district attorney.
(10) GIFT, AWARD, or PRIZE. A gratuity which the purchaser believes to be of value.
(11) INDIVIDUAL. A single human being but does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity.
(12) MERCHANT. A person who, directly or indirectly, offers or makes available to consumers any consumer goods or services.
(13) PERSON. Any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity.
(14) PURCHASER. A person who is solicited to become or does become obligated to a commercial telephone seller.
(15) SALESPERSON. Any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. A salesperson, however, does not include individuals exempted from this chapter by Section 8-19A-4 or employees or agents of persons exempted from this chapter by Section 8-19A-4, or companies and individuals under contract with persons exempted from this chapter by Section 8-19A-4 when liability is assumed by the exempt entity.
(16) TELEMARKETER or TELEPHONE SOLICITOR. Any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call.
(17) TELEMARKETING or TELEPHONE SOLICITATION. A voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services, but does not include communications by or on behalf of any of the exempt persons in Section 8-19A-4.
(18) TELEPHONE SOLICITATION CALL. A call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
(19) UNSOLICITED SOLICITATION SALES CALL. A telephonic sales call other than a call made to a person with whom the telephone solicitor has a prior or existing business relationship; or by a newspaper publisher or his or her agent or employee in connection with his or her business; or any of the exempt persons in Section 8-19A-4.
(Acts 1994, No. 94-650, p. 1220, §3; Act 99-450, p. 1043, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-4 - Exemptions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-4 - Exemptions.
|
Section 8-19A-4
Exemptions.
The provisions of this chapter do not apply to:
(1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature.
(2) A person making calls for religious, charitable, political, educational, or other noncommercial purposes or a person soliciting for a nonprofit corporation if that corporation is properly registered with the Secretary of State and is included within the exemption of the Alabama Revenue Code or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof.
(3) A person soliciting:
a. Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation.
b. Who does not make the major sales presentation during the telephone solicitation.
c. Without the intent to complete, and who does not complete, the sales presentation during the telephone solicitation, but who completes the sales presentation at a later face-to-face meeting between the seller and the prospective purchaser. However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment or deliver any item purchased, this exemption does not apply.
(4) Any licensed securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his or her license. As used in this section, "licensed securities, commodities, or investment broker, dealer, or investment adviser" means a person subject to license or registration by the Securities and Exchange Commission, by the National Association of Securities Dealers or other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. Section 781), or by an official or agency of this state or of any state, commonwealth or territory of the United States.
(5) Any licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his or her license. As used in this section, "licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser" means any associated person registered or licensed by the National Association of Securities Dealers or other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. Section 781), or by an official or agency of this state or of any state, commonwealth or territory of the United States.
(6) A person primarily soliciting the sale of a newspaper, periodical of general circulation, or magazine.
(7) A book, video, or record club or contractual plan or arrangement:
a. Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise.
b. Which is regulated by the Federal Trade Commission trade regulation concerning "use of negative option plans by sellers in commerce."
c. Which provides for the sale of books, records, or videos which are not covered under paragraph a. or paragraph b., including continuity plans, subscription arrangements, standing order arrangements, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis.
(8) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state, of any state, or of the United States.
(9) Any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license. As used in this section, "licensed insurance broker, agent, customer representative, or solicitor" means any insurance broker, agent, customer representative, or solicitor licensed by an official or agency of this state or of any state of the United States licensed in accordance with the Alabama Insurance Code (Title 27).
(10) A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit.
(11) A business-to-business sale where:
a. The commercial telephone seller has been operating continuously for at least three years under the same business name and has at least 50 percent of its dollar volume consisting of repeat sales to existing businesses.
b. The purchaser business intends to resell or offer for purposes of advertisement or as a promotional item the property or goods purchased.
c. The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing, or manufacturing process.
(12) A person who solicits sales or advertising by periodically publishing and delivering a catalog, periodical, or magazine of the seller's merchandise or ad purchasers, merchandise to prospective purchasers, if the catalog, periodical, or magazine:
a. Contains a written description or illustration of each item or service offered for sale.
b. Includes the physical, permanent business address or home address of the seller.
c. Includes at least 20 pages of written material and illustration and is distributed in more than one state.
d. Has an annual cumulative circulation by mailing of not less than 150,000.
(13) A person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made.
(14) A telephone company or utility company which is regulated by the Alabama Public Service Commission, or any employee, officer, director, or authorized sales representative of such telephone company or utility company when soliciting products or services which would be subject to Public Service Commission regulation on behalf of such telephone company, utility company, or a Federal Communications Commission licensed cellular telephone company or affiliates or other bona fide radio telecommunication services provider. Provided, however, that such authorized sales representatives shall be subject to the same rules and regulations as the exempted company through the Public Service Commission.
(15) A person who is licensed pursuant to Chapter 13, Title 34, who is soliciting within the scope of the license.
(16) A person licensed pursuant to Section 8-19A-5 when soliciting pursuant to that license.
(17) An issuer or a subsidiary of an issuer that has a class of securities which is subject to Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. Section 781) and which is either registered or exempt from registration under paragraph (A), paragraph (B), paragraph (C), paragraph (E), paragraph (F), paragraph (G), or paragraph (H) of subsection (g)(2) of that section.
(18) A business soliciting exclusively the sale of telephone answering services provided that the telephone answering services will be supplied by the solicitor.
(19) A person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for this activity with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.) and the registration or license has not expired, or been suspended or revoked.
(20) A person soliciting the sale of food or produce if the solicitation neither intends to result in, or actually results in, a sale which costs the purchaser in excess of five hundred dollars ($500).
(21) A person soliciting business from prospective consumers who have an existing business relationship with or who have previously purchased from the business enterprise for which the solicitor is calling, if the solicitor is operating under the same exact business name.
(22) A person who has been operating, for at least one year, a retail business establishment under the same name as that used in connection with telemarketing, and both of the following occur on a continuing basis:
a. Either products are displayed and offered for sale or services are offered for sale and provided at the business establishment.
b. A majority of the seller's business involves the buyer obtaining the products or services at the seller's location.
(23) Any person who is duly licensed under Section 34-27-66.
(24) Any telephone marketing service company which provides telemarketing sales services under contract to sellers and has been operating continuously for at least five years under the same business name and 75 percent of its contracts are performed on behalf of persons exempted from this chapter by this section.
(25) A person or business soliciting the sale of an annual publication comprised of a biographical compilation of notable and distinguished individuals.
(Acts 1994, No. 94-650, p. 1220, §4; Acts 1994, 1st Ex. Sess., No. 94-769, p. 54, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-5 - Licensing; Application for License.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-5 - Licensing; Application for License.
|
Section 8-19A-5
Licensing; application for license.
(a) Prior to doing business in this state, a commercial telephone seller shall obtain a license from the division. Doing business in this state includes both telephone solicitation from a location in Alabama and solicitation from other states or nations of purchasers located in Alabama.
(b) An applicant for a license as a commercial telephone seller shall submit to the division, in the form prescribed, a written application for the license. The application shall set forth the following information:
(1) The true name, date of birth, driver's license number, Social Security number, and home address of the applicant, including each name under which he or she intends to do business.
(2) Each business or occupation engaged in by the applicant during the three years immediately preceding the date of the application, and the location thereof.
(3) The previous experience of the applicant as a commercial telephone seller or salesperson.
(4) Whether the applicant has previously been arrested for, convicted of, or is under indictment or information for, a felony and, if so, the nature of the felony. Conviction includes a finding of guilt where adjudication has been withheld.
(5) Whether the applicant has previously been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a finding of guilt where adjudication has been withheld.
(6) Whether there has ever been a judicial or administrative finding that the applicant has previously been convicted of acting as a salesperson without a license, or whether a license has previously been refused, revoked, or suspended in any jurisdiction.
(7) Whether the applicant has worked for, or been affiliated with, a company that has had entered against it an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.
(8) Whether the applicant has had entered against him or her an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice; and whether or not there is any litigation pending against the applicant.
(9) The name of any parent or affiliated entity that:
a. Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant.
b. Accepts responsibility or is otherwise held out by the applicant as being responsible for any statement or act of the applicant relating to any sale solicited by the applicant.
(10) The complete street address of each location, designating the principal location, from which the applicant will be doing business. If any location is a mail drop, this shall be disclosed.
(11) A list of all telephone numbers currently used or to be used by the applicant, with the address where each telephone having these numbers will be located.
(12) The true name, current home address, date of birth, Social Security number, and all other names by which each person below is now known, or was previously known:
a. Principal officer, director, trustee, shareholder, owner, or partner of the applicant, and every other person responsible for the management of the business of the applicant.
b. Office manager or other person principally responsible for a location from which the applicant will do business.
c. Salesperson(s) or other person(s) to be employed by the applicant.
(c) The application shall be accompanied by a copy of any: Script, outline, or presentation the applicant will require or suggest a salesperson to use when soliciting, or, if no document is used, a statement to that effect; sales information or literature to be provided by the applicant to a salesperson; and sales information or literature to be provided by the applicant to a purchaser in connection with any solicitation.
(d) When an application sets forth information regarding an applicant as described in subdivisions (4) to (8), inclusive, of subsection (b), the applicant shall:
(1) Identify the court or administrative agency rendering the conviction, judgment, or order against the person or pending litigation.
(2) Provide the docket number of the matter; the date of the conviction, judgment, or order; and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order. The applicant shall also include all pending civil or criminal litigation.
(e) If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to subsection (b)(9), the applicant shall, for itself and any entity, identify its place of organization and:
(1) In the case of a partnership, provide a copy of any written partnership agreement.
(2) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
(f) An application filed pursuant to this chapter shall be verified and accompanied by:
(1) A bond, letter of credit, or certificate of deposit satisfying the requirements of Section 8-19A-10.
(2) An annual license fee in the amount of $500.00.
(g) The division shall issue a license number to all commercial telephone sellers.
(h) It is a violation of this chapter for a commercial telephone seller to:
(1) Fail to maintain a valid license.
(2) Advertise that one is licensed as a commercial seller or represent that the licensing constitutes approval or endorsement by any government or governmental office or agency.
(3) Provide inaccurate or incomplete information to the division when making a license application.
(4) Misrepresent that a person is registered or that a person has a valid license number.
(Acts 1994, No. 94-650, p. 1220, §5.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-6 - Identification of Certain Affiliated Sellers or Salespersons.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-6 - Identification of Certain Affiliated Sellers or Salespersons.
|
Section 8-19A-6
Identification of certain affiliated sellers or salespersons.
(a) With respect to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial telephone seller shall state in his or her application the identity of any affiliated commercial seller or salesperson who:
(1) Has been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a finding of guilt where adjudication has been withheld.
(2) Is involved in pending litigation or has had entered against him or her an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.
(3) Is, or ever has been, subject to any litigation, injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document or any restrictive court order relating to a business activity as the result of any action brought by a governmental agency, including any action affecting any license to do business or practice an occupation or trade.
(4) Has at any time during the previous seven years filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency.
(5) Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed for bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within one year after the person held that position. The disclosures required in subdivision (4) shall be applicable insofar as they relate to the applicant commercial telephone seller, as well as any affiliated commercial seller or salesperson.
(b) (1) For any person described in subsection (a), the applicant shall:
a. Identify the court or administrative agency rendering the conviction, judgment, or order against the person or pending litigation.
b. Provide the docket number of the matter, the date of the conviction, judgment, or order, and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order.
(2) For any person described in subdivision (5), the applicant shall provide the name and address of the person filing for bankruptcy, adjudged bankrupt, or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction, and the docket number of the matter.
(c) Each commercial telephone seller shall disclose to the division the name, address, and account number of each institution where banking or similar monetary transactions are done by the commercial telephone seller.
(Acts 1994, No. 94-650, p. 1220, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-7 - Application Form and Contents; Fee; License Number; Violations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-7 - Application Form and Contents; Fee; License Number; Violations.
|
Section 8-19A-7
Application form and contents; fee; license number; violations.
(a) An applicant for a license as a salesperson shall submit to the division, in the form prescribed, a written application for a license. The application shall set forth the following information:
(1) The true name, date of birth, driver's license number, Social Security number, and home address of the applicant.
(2) Each business or occupation engaged in by the applicant during the three years immediately preceding the date of the application, and the location thereof.
(3) The previous experience of the applicant as a commercial telephone seller or salesperson.
(4) Whether the applicant has previously been arrested for, convicted of, or is under indictment or information for, a felony and, if so, the nature of the felony. Conviction includes a finding of guilt where adjudication has been withheld.
(5) Whether the applicant has previously been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a finding of guilt where adjudication has been withheld.
(6) Whether there has ever been a judicial or administrative finding that the applicant has previously been convicted of acting as a salesperson without a license, or whether a license has previously been refused, revoked, or suspended in any jurisdiction.
(7) Whether the applicant has worked for, or been affiliated with, a company that is involved in pending litigation or has had entered against it an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.
(8) Whether the applicant is involved in pending litigation or has had entered against him or her an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.
(b) An application filed pursuant to this section shall be verified and be accompanied by:
(1) A verified statement of the commercial telephone seller with whom the salesperson will be associated, expressing the intention of the commercial telephone seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson.
(2) An annual license fee for a salesperson in the amount of fifty dollars ($50).
(c) The division shall issue a license number to all salespersons. The division shall adopt rules which allow certain salesperson applicants to operate on an interim basis until such time as a license is granted or denied.
(d) It is a violation of this chapter for a salesperson to:
(1) Fail to maintain a valid license.
(2) Advertise that one is licensed as a salesperson or to represent that the licensing constitutes approval or endorsement by any government or governmental office or agency.
(3) Provide inaccurate or incomplete information to the division when making a license application.
(4) Misrepresent that a person is registered or that a person has a valid license number.
(Acts 1994, No. 94-650, p. 1220, §7.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-8 - Display of License Required; Penalty for Failure to Display License.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-8 - Display of License Required; Penalty for Failure to Display License.
|
Section 8-19A-8
Display of license required; penalty for failure to display license.
(a) The division shall issue to each approved applicant a license in the form and size as is prescribed by the division and, in the case of a commercial telephone seller, shall issue a license for each location at which the commercial telephone seller proposes to do business. Each license issued under this chapter shall show the name and address of the licensee.
(b) Each licensee shall prominently display his or her license at the location where he or she does business. Each licensee shall make the license available for inspection by any governmental agency upon request.
(c) Failure to display a license is sufficient grounds for the division to issue an immediate cease and desist order. The order shall remain in effect until the commercial telephone seller can show the authorities that he or she is licensed. The division shall order the business to cease operations and request the Public Service Commission to order the providers to disconnect any and all telecommunications services being provided to or used by the business. Defendants have the burden of petitioning the circuit court for relief from the cease and desist order. Failure of a salesperson to display a license may result in the salesperson being summarily ordered by the division to leave the office until such time as he or she can produce a license for the division.
(Acts 1994, No. 94-650, p. 1220, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-9 - License Renewal.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-9 - License Renewal.
|
Section 8-19A-9
License renewal.
(a) Each person licensed under this chapter shall renew his or her license annually by paying the fee for licensing and submitting to the division the application required by this chapter.
(b) Except as otherwise provided in subsection (c), if any material change in the information submitted for licensing occurs before the date for renewal, a licensee shall submit that information to the division in the manner prescribed by the division, along with a fee in the amount of ten dollars ($10).
(c) If any change is made to any script, outline, presentation, sales information, or literature used by a licensee in connection with any solicitation, the new or revised material shall be submitted by the licensee to the division within 10 days of the change.
(d) If any licensee has a change of address or status required to be disclosed pursuant to Sections 8-19A-5 to 8-19A-7, inclusive, notification shall be made to the division in writing within 10 days of the change.
(Acts 1994, No. 94-650, p. 1220, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-10 - Financial Requirements.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-10 - Financial Requirements.
|
Section 8-19A-10
Financial requirements.
(a) An application filed pursuant to Section 8-19A-5 shall be accompanied by:
(1) A bond executed by a corporate surety approved by the division and licensed to do business in this state.
(2) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the federal government.
(3) A certificate of deposit in a financial institution insured by an agency of the federal government, which may be withdrawn only on the order of the division, except that the interest may accrue to the applicant.
(b) The amount of the bond, letter of credit, or certificate of deposit shall be a minimum of fifty thousand dollars ($50,000), and the bond, letter of credit, or certificate of deposit shall be conditioned upon compliance by the applicant with this chapter. The division may establish a bond of a greater amount to ensure the general welfare of the public and the interests of the telemarketing industry.
(c) The bond shall be posted with the division.
(d) The division or any governmental agency, on behalf of any injured purchaser or any purchaser himself or herself who is injured by the bankruptcy of the applicant or his or her breach of any agreement entered into in his or her capacity as a licensee, may bring and maintain an action to recover against the bond, letter of credit, or certificate of deposit.
(Acts 1994, No. 94-650, p. 1220, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-11 - Denial of License.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-11 - Denial of License.
|
Section 8-19A-11
Denial of license.
(a) The division may deny licensure to any applicant who:
(1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or any other crime involving moral turpitude. Conviction includes a finding of guilt where adjudication has been withheld.
(2) Has had entered against him or her or any business for which he or she has worked or been affiliated, an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property or the use of any unfair, unlawful, or deceptive trade practice.
(3) Is subject to or has worked or been affiliated with any company which is, or ever has been, subject to any injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, or any restrictive court order relating to a business activity as the result of any action brought by a governmental agency, including any action affecting any license to do business or practice an occupation or trade.
(4) Has at any time during the previous seven years filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency.
(5) Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed the bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within one year after the person held that position.
(6) Has been previously convicted of or found to have been acting as a salesperson or commercial telephone seller without a license or whose licensure has previously been refused, revoked, or suspended in any jurisdiction.
(7) Falsifies or willfully omits any material information asked for in the application.
(8) Otherwise violates this chapter.
(b) An applicant may appeal the denial or nonrenewal of a license by requesting in writing, within 30 days of receipt of the notice of denial or nonrenewal, a hearing. The hearing shall be conducted in accordance with Chapter 22, Title 41, and presided over by a hearing officer designated by the division. When any hearing officer conducts a hearing with respect to the issuance of a license by the division, the hearing officer shall submit his or her recommended order to the division, which shall issue a final order of the division in accordance with Chapter 22, Title 41.
(Acts 1994, No. 94-650, p. 1220, §11.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-12 - Oral Disclosures.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-12 - Oral Disclosures.
|
Section 8-19A-12
Oral disclosures.
(a) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold.
(b) If a sale or an agreement to purchase is completed, the commercial telephone seller shall inform the purchaser of his or her cancellation rights as provided in this chapter, state the license number issued by the division for both the commercial telephone seller and the salesperson, and give the street address of the commercial telephone seller.
(c) All oral disclosures required by this section shall be made in a clear and intelligible manner.
(Acts 1994, No. 94-650, p. 1220, §12.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-13/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-13 - Gifts, Premiums, Bonuses, or Prizes; Disclosures.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-13 - Gifts, Premiums, Bonuses, or Prizes; Disclosures.
|
Section 8-19A-13
Gifts, premiums, bonuses, or prizes; disclosures.
If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the division a statement setting forth, for each item mentioned:
(1) A description of the item.
(2) The value or worth of the item and the basis for the valuation.
(3) All terms and conditions a purchaser is required to satisfy in order to receive the item. The statement shall be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to this chapter.
(4) If they are ascertainable, the odds, for a given purchaser, of receiving the item.
(5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
c. The name and address of each person who has, during the preceding 12 months or any portion thereof in which the commercial telephone seller has done business, received each gift, premium, bonus, or prize. The provisions of this section shall not apply if the item is unconditionally offered to a purchaser as part of a sale and the buyer has seven days to return the goods or cancel the services and the right to receive a full refund in 30 days and the right to keep the item in that case without cost.
(Acts 1994, No. 94-650, p. 1220, §13.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-14/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-14 - Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser's...
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-14 - Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser's Rights.
|
Section 8-19A-14
Contract requirements; credit cards; notice of cancellation; returns; purchaser's rights.
(a) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation shall:
(1) Be reduced to writing and be signed by the purchaser.
(2) Match the description of the goods or services as that principally used in the telephone solicitation.
(3) Contain the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, the total price of the contract, and a detailed description of the goods or services being sold.
(4) Contain the value or worth of any item, good, or service specified in Section 8-19A-13, and the basis for the valuation.
(5) Contain all terms and conditions a purchaser is required to satisfy in order to receive any item, good, or service specified in Section 8-19A-13.
(6) Contain, if they are ascertainable, the odds, for a given purchaser, of receiving any item specified in Section 8-19A-13.
(7) Contain, if a purchaser is to receive fewer than all the items specified in Section 8-19A-13 described by the seller:
a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
(8) Contain, in at least 12-point type, immediately preceding the signature, the following statement: "You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller."
(9) Not exclude from its terms any oral or written representations made by the commercial telephone seller or salesperson to the purchaser in connection with the transaction.
(b) A commercial telephone seller who engages a salesperson to make, or cause to be made, a telephone sales call shall not make or submit any charge to the purchaser's credit card account until after the commercial telephone seller receives from the purchaser a copy of the contract which complies with this section. The commercial telephone seller shall then send the purchaser a written confirmation of the sale.
(c) The written contract shall contain an explanation of the purchaser's rights under this section and a statement indicating when notice of cancellation is required to be sent. The purchaser may give notice of cancellation to the commercial telephone seller in writing within three business days after receipt of the confirmation. If the commercial telephone seller has not provided an address for receipt of the notice, cancellation is effective by mailing the notice to the division.
(d) Notice of cancellation by the commercial telephone seller shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates, by any form of written expression, the name and address of the purchaser and the purchaser's stated intention not to be bound by the sale.
(e) If a commercial telephone seller violates this act in making a sale, or fails to deliver an item within 30 calendar days, the contract is voidable by giving notice to the commercial telephone seller, and the purchaser is entitled to a return from the seller, within 14 days, of all consideration paid. Notice of cancellation given by the purchaser need not take a particular form and is sufficient given orally or in writing. Upon receipt by the purchaser of the consideration paid to the commercial telephone seller, the purchaser shall return to the commercial telephone seller the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the commercial telephone seller, by providing or guaranteeing payment for return shipping. If the payment is not provided or guaranteed, the purchaser may keep, without further obligation, the items received.
(f) A person who purchases goods or services pursuant to a solicitation governed by this chapter shall be given a refund, credit, or replacement, at his or her option, if:
(1) The goods or services are defective, are not as represented, or if any item described pursuant to this chapter is not received as promised.
(2) He or she returns the goods or makes a written request for the refund, credit, or replacement within seven days after he or she receives the goods or services. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this section.
(g) If a purchaser of goods returns only a portion of the goods, the refund, credit, or replacement required by this section may be prorated accordingly.
(h) The refund, credit, or replacement required by this section shall be guaranteed by the commercial telephone seller who made the sale, regardless of whether payment for the goods or services is made to that person.
(i) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser's rights under this chapter is against public policy and shall be unenforceable, provided that an agreement between a purchaser and commercial telephone seller to extend the delivery time of an item to more than 30 days shall be enforceable if the commercial telephone seller has a reasonable basis to expect that he or she will be unable to ship the item within 30 days and if the agreement is included in the terms of the written confirmation.
(j) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this chapter, the contract shall be enforceable and not in violation of this chapter, provided that all rights under a contract or agreement to purchase shall be specifically stated in a written confirmation sent pursuant to this section.
(k) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers.
(l) Any sale in which the consumer is given a full refund or credit for the return of undamaged and unused goods, or a cancellation of services notice is given to the seller, within seven days after receipt of the goods or services by the consumer, is exempt from the requirements of subsections (a) to (e), inclusive, and the seller shall process the refund or credit to the consumer's credit card account within 30 days after receipt of the returned merchandise by the consumer or within 30 days after receipt of the cancellation notice from the consumer, process the refund or credit to the consumer's credit card account for any services not yet performed or a pro rata refund or credit to the consumer's credit card for any services not yet performed for the consumer.
(Acts 1994, No. 94-650, p. 1220, §14.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-15/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-15 - Violations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-15 - Violations.
|
Section 8-19A-15
Violations.
(a) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment.
(b) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson.
(c) It shall be unlawful for any salesperson to be employed by, or affiliated with, an unlicensed commercial telephone seller.
(d) It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed.
(e) It shall be unlawful for any salesperson or commercial telephone seller to otherwise violate this chapter.
(Acts 1994, No. 94-650, p. 1220, §15.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-16/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-16 - Enforcement Procedures.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-16 - Enforcement Procedures.
|
Section 8-19A-16
Enforcement procedures.
(a) If, by his or her own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in a practice that violates this chapter, he or she may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which he or she resides or in which he or she transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this chapter or upon service of the subpoena in a civil action. The subpoena shall inform the party served of his or her rights under this subsection.
(b) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or his or her representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf, and he or she may respond to similar requests from officials of other states.
(c) Upon failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance.
(Acts 1994, No. 94-650, p. 1220, §16.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-17/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-17 - Actions by Enforcing Authority.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-17 - Actions by Enforcing Authority.
|
Section 8-19A-17
Actions by enforcing authority.
The division may bring:
(1) An action to obtain a declaratory judgment that an act or practice violates this chapter.
(2) An action to enjoin any person who has violated or is violating this chapter.
(3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of this chapter. This action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter. Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer's reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a master or receiver against a commercial telephone seller. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.
(Acts 1994, No. 94-650, p. 1220, §17.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-18/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-18 - Civil Penalties; Recovery of Penalties.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-18 - Civil Penalties; Recovery of Penalties.
|
Section 8-19A-18
Civil penalties; recovery of penalties.
(a) Any person who engages in any act or practices that violate this chapter is liable for a civil penalty of up to ten thousand dollars ($10,000) for each violation.
(b) The civil penalty may be recovered by any of the following:
(1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person engaging in the violative act or practice and the director of the division by authority of the Attorney General, and by payment of any agreed upon amount by the person against whom the claim was filed.
(3) The settlement of a claim against a person for violation of this chapter before civil action is filed by agreement upon terms and by the payment of any settlement amount agreed upon by the person and the director of the division by authority of the Attorney General.
(c) Upon ceasing the violative act or practice and agreeing to desist therefrom, and upon the payment of the settlement or stipulated amount to the office of the Attorney General by the person in violation, the director of the division may terminate the investigation or prosecution of any civil action or proposed action.
(d) The division or the court may waive any civil penalty or other claims, or costs if the person has previously made full restitution or reimbursement or has paid actual damages to the purchasers who have been injured by the act or practice in violation of this chapter.
(e) All amounts recovered and all monies paid under this chapter shall be deposited into the State General Fund and are appropriated as received hereby to the Attorney General's Special Revenue Account for implementing and enforcing this chapter.
Notwithstanding the provisions of this subsection (e), one half of the licensing fee collected under subdivision (2) of subsection (b) of Section 8-19A-7 shall be remitted to the treasury of the county within the State of Alabama in which the business is licensed.
(Acts 1994, No. 94-650, p. 1220, §18.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-19/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-19 - Attorney's Fees and Costs.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-19 - Attorney's Fees and Costs.
|
Section 8-19A-19
Attorney's fees and costs.
(a) In any civil action or investigation resulting from a transaction involving a violation of this chapter, except as provided in subsection (c), the division shall receive reasonable attorney's fees and costs from the nonprevailing party. The amounts appropriated for those purposes in this chapter are in addition to all monies heretofore and hereafter appropriated in any special or general appropriation act to the Attorney General's Special Revenue Account which is a revolving fund in which the Attorney General is authorized to make deposits and withdrawals from time to time so that the account operates on a revolving basis for expenditure for administration and future civil and criminal investigation and prosecution, and all balances of revenue, income, and receipts remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund under Section 41-4-93.
(b) Any award of attorney's fees or costs shall become a part of the judgment and subject to execution as the law allows.
(c) In any civil litigation initiated by the division resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney's fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(d) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred.
(Acts 1994, No. 94-650, p. 1220, §19.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-20/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-20 - Criminal Prosecuting Authority.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-20 - Criminal Prosecuting Authority.
|
Section 8-19A-20
Criminal prosecuting authority.
The division or other enforcing authority shall have criminal prosecuting authority concerning the violations of this chapter or of any rule or order hereunder. In addition to any other action, the division or other enforcing authority may bring an action against any person to enjoin, restrain, and prevent the doing of any act or practice herein prohibited or declared unlawful.
(Acts 1994, No. 94-650, p. 1220, §20.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-21/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-21 - Criminal Penalties.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-21 - Criminal Penalties.
|
Section 8-19A-21
Criminal penalties.
(a) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(b) No commercial telephone seller shall employ or be affiliated with a salesman who is soliciting purchasers and who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(c) No commercial telephone seller or salesperson shall solicit without a license. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(d) Any commercial telephone seller or salesperson who falsifies information on an application commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(e) Except as provided in subsections (a), (b), (c), or (d), any person who otherwise violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any commercial telephone seller commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(f) Any person who is convicted of a second or subsequent violation of this chapter commits a Class B felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. A conviction shall include a finding of guilt where adjudication has been withheld.
(g) Any person who violates this chapter shall also be guilty of a violation of Sections 8-19-1 to 8-19-15, inclusive.
(Acts 1994, No. 94-650, p. 1220, §21.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-22/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-22 - Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidenc...
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-22 - Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidence.
|
Section 8-19A-22
Civil proceeding burden of proof; criminal proceeding burden of producing evidence.
In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption specified in Section 8-19A-4 or that the person or entity is not otherwise subject to this chapter is upon the person or entity claiming the exemption. In any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption specified in Section 8-19A-4 or that the person or entity is not subject to this chapter is upon the person or entity claiming the defense.
(Acts 1994, No. 94-650, p. 1220, §22.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-23/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-23 - Injured Person's Right of Recovery; Deceptive Trade Practices Act.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-23 - Injured Person's Right of Recovery; Deceptive Trade Practices Act.
|
Section 8-19A-23
Injured person's right of recovery; Deceptive Trade Practices Act.
In addition to any other penalties or remedies provided under law, a person who is injured by a violation of this chapter may bring a civil action for recovery of actual damages and any damages that would be available at common law or by statute, including actual costs, court costs, and attorney's fees. No provision in this chapter shall be construed to limit any right or remedy provided under law. Any violation of this chapter shall also be considered a violation of the Deceptive Trade Practices Act, Section 8-19-1, et seq.
(Acts 1994, No. 94-650, p. 1220, §23.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19a/section-8-19a-24/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19A - Alabama Telemarketing Act.›Section 8-19A-24 - Rules.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-24 - Rules.
|
Section 8-19A-24
Rules.
The division shall promulgate rules to implement and administer this chapter.
(Acts 1994, No. 94-650, p. 1220, §24.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19b/section-8-19b-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19B - Unauthorized Changing of Provider of Telecommunication Services.›Section 8-19B-1 - Change in Telecommunication Service.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19B - Unauthorized Changing of Provider of Telecommunication Services. › Section 8-19B-1 - Change in Telecommunication Service.
|
Section 8-19B-1
Change in telecommunication service.
(a) It shall be unlawful for any person or provider of telecommunication service to knowingly designate or change the provider of telecommunication service to a subscriber without the permission or authorization of such subscriber. An affirmative order for designation or change in such service provider shall be confirmed by any of the following methods:
(1) Obtaining the consumer's written authorization.
(2) Obtaining the consumer's electronic authorization by use of an 800 number.
(3) Having the consumer's oral authorization verified by an independent third party.
(4) Sending an information package, including a prepaid, returnable postcard, within three days of the consumer's request for a PIC change, and waiting 14 days before submitting the consumer's order to the LEC, so that the consumer has sufficient time to return the postcard denying, cancelling, or confirming the change order.
(b) Any person or provider of telecommunication service knowingly designating or changing the subscriber's telecommunication service provider in violation of subsection (a) shall credit or refund to the subscriber any amounts billed or paid for charges associated with such service and the unauthorized change, shall pay to other telecommunication providers any and all fees set by the Public Service Commission for such designation or change, and may be penalized up to five hundred dollars ($500) per unauthorized change by the Public Service Commission to be deposited to the State General Fund.
(c) The use of contest or sweepstake entries of any kind which results in changing the provider of a subscriber's telecommunication service is prohibited and subject to penalties as described above.
(d) This section shall be enforced by the Public Service Commission. The commission may promulgate rules and regulations pursuant to this section.
(Acts 1997, No. 97-412, p. 678 §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-1 - Legislative Findings.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-1 - Legislative Findings.
|
Section 8-19C-1
Legislative findings.
The Legislature of Alabama finds all of the following:
(1) The use of the telephone to market goods and services to the home is pervasive now due to the increased use of cost-effective telemarketing techniques.
(2) Over 30,000 businesses actively telemarket goods and services to business and residential customers.
(3) Everyday, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state.
(4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of the home.
(5) Many citizens of this state are outraged over the proliferation of nuisance calls to their homes from telemarketers.
(6) Privacy rights and commercial freedom of speech of individuals can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices.
(7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls in their homes.
(Act 99-450, p. 1043, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-2 - Database of Subscribers Objecting to Telephone Solicitations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-2 - Database of Subscribers Objecting to Telephone Solicitations.
|
Section 8-19C-2
Database of subscribers objecting to telephone solicitations.
(a) No person or entity may make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission of his or her objection to receiving telephone solicitations.
(b)(1) The commission shall establish and operate a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. The commission shall have the database in operation before July 1, 2000.
(2) The database may be operated by the commission or by another entity under contract with the commission.
(3) Before July 1, 2000, the commission shall promulgate regulations which shall include all of the following:
a. A requirement that each local exchange company and each competing local exchange carrier shall inform on an annual basis its residential subscribers of the opportunity to provide notification to the commission or its contractor that the subscriber objects to receiving telephone solicitations.
The information shall be disseminated at the option of the carrier by television, radio, or newspaper advertisements; written correspondence; bill insert or messages; telephone book subscription forms; or any other method not expressly prohibited.
b. Methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving solicitations or revocation of the notice.
c. Methods by which a notice of objection becomes effective and the effect of a change of telephone number on the notice.
d. Methods by which objections and revocations are collected and added to the database.
e. Methods by which a person or entity desiring to make telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database.
f. All other matters relating to the database that the commission deems necessary.
(4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of the single national database that relates to Alabama in the database established under this section.
(Act 99-450, p. 1043, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-3 - Database Fees.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-3 - Database Fees.
|
Section 8-19C-3
Database fees.
(a) The commission shall have the authority to charge a residential subscriber a fee every two years payable to the commission for each notice for inclusion on the database established pursuant to this chapter. The commission shall also have the authority to charge a person or entity desiring to make telephone solicitations a fee per year payable to the commission for access to, or for paper or electronic copies of the database established pursuant to this chapter. Any fee established by the commission shall be subject to the approval of the Legislative Council.
(b) The commission shall update its "no sales solicitation calls" listing upon receipt of initial consumer subscriptions or renewals and provide this listing for a fee, pursuant to subsection (a).
(c) All fees collected under this chapter shall be deposited into a separate fund in the State Treasury to be expended by the commission for the implementation and administration of this chapter. At the end of each fiscal year, unexpended monies remaining in the fund shall not revert to any other fund of the state, but shall remain available for appropriation. The Legislature shall annually appropriate from the fund the amount necessary for the administration of this chapter to the commission subject to the provisions, terms, conditions, and limitations of the Budget and Financial Control Act, Sections 41-4-80 et seq., Sections 41-19-1 et seq., and any other provisions of this chapter.
(Act 99-450, p. 1043, §4.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-4 - Disclosure of Information.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-4 - Disclosure of Information.
|
Section 8-19C-4
Disclosure of information.
Information contained in the database established pursuant to this chapter may be used only for the purpose of compliance with this chapter or in a proceeding or action pursuant to Section 8-19C-6 or 8-19C-7. The information shall not be subject to public inspection or disclosure.
(Act 99-450, p. 1043, §5.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-5 - Identification by Telephone Solicitors Required.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-5 - Identification by Telephone Solicitors Required.
|
Section 8-19C-5
Identification by telephone solicitors required.
(a) Any person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall identify himself or herself as provided under Section 8-19A-12.
(b) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may knowingly utilize a method to block or otherwise circumvent the use of a caller identification service by the subscriber.
(Act 99-450, p. 1043, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-6 - Violations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-6 - Violations.
|
Section 8-19C-6
Violations.
The commission may commence proceedings in the circuit court in the county relating to a knowing violation or threatened knowing violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5. Proceedings which the commission may commence, include, without limitation, issuance of a cease and desist order or issuance of an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation. The proceedings shall be brought in the name of the state. The commission may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5.
(Act 99-450, p. 1043, §7.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-7 - Action to Enjoin Violations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-7 - Action to Enjoin Violations.
|
Section 8-19C-7
Action to enjoin violations.
A person who has received more than one telephone solicitation within a 12-month period by or on behalf of the same person or entity in violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5 may bring an action to enjoin the violation; bring an action to recover for actual monetary loss from the knowing violation or to receive up to two thousand dollars ($2,000) in damages for each knowing violation, whichever is greater; or bring both actions.
(Act 99-450, p. 1043, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-8 - Defenses.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-8 - Defenses.
|
Section 8-19C-8
Defenses.
It shall be a defense in any action or proceeding brought under Section 8-19C-6 or Section 8-19C-7 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter.
(Act 99-450, p. 1043, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-9 - Limitations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-9 - Limitations.
|
Section 8-19C-9
Limitations.
No action or proceeding may be brought under Section 8-19C-6 or Section 8-19C-7 more than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or more than two years after the termination of any proceeding or action by the state, whichever is later.
(Act 99-450, p. 1043, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-10 - Jurisdiction.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-10 - Jurisdiction.
|
Section 8-19C-10
Jurisdiction.
A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this chapter.
(Act 99-450, p. 1043, §11.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-11 - Remedies Not Exclusive.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-11 - Remedies Not Exclusive.
|
Section 8-19C-11
Remedies not exclusive.
The remedies, duties, prohibitions, and penalties of Sections 8-19C-2 to 8-19C-10, inclusive, of this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies, and penalties provided by law.
(Act 99-450, p. 1043, §12.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19c/section-8-19c-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19C - Telephone Solicitations.›Section 8-19C-12 - Liability.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-12 - Liability.
|
Section 8-19C-12
Liability.
No provider of telephone caller identification service, local exchange telephone company, or long distance telephone company may be held liable for violations of this chapter committed by other persons or entities.
(Act 99-450, p. 1043, §13.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19d/section-8-19d-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation.›Section 8-19D-1 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation. › Section 8-19D-1 - Definitions.
|
Section 8-19D-1
Definitions.
For purposes of this chapter, the following words shall have the following meanings:
(1) PERSON. An individual, corporation, company, partnership, estate, trust, association, foundation, cooperative, or any other legal entity.
(2) PRIZE. Any item of value given to a winner in a sweepstakes who has been selected on the basis of lot or chance.
(3) QUALIFYING LANGUAGE. The language in the solicitation that accompanies the representation that the person being solicited has won or has been selected to receive a prize and that indicates the circumstances or provisions under which the person being solicited will be eligible to receive the prize. The term includes, but is not limited to, language which requires the person to perform some act, to submit information, to hold the winning number, or for the person's assigned numbers to be drawn by the sponsor of the sweepstakes.
(4) SWEEPSTAKES. A legal contest or game where anything of value is distributed by lot or chance.
(Act 99-445, p. 1012, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19d/section-8-19d-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation.›Section 8-19D-2 - Deceptive Solicitations; Action for Damages.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation. › Section 8-19D-2 - Deceptive Solicitations; Action for Damages.
|
Section 8-19D-2
Deceptive solicitations; action for damages.
(a) It shall be unlawful for any person to solicit or sell a product or service through the mail by implying or expressly representing in the solicitation that the person being solicited has won or has been selected to receive a prize or purported prize unless the qualifying language appears in print that is clear, easily read, and conspicuous.
(b) A person who suffers damage as a result of a violation of subsection (a) may bring a civil action against the sponsor or promoter of the solicitation, or both. Damages shall not exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.
(Act 99-445, p. 1012, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19e/section-8-19e-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19E - Sale of Admission Tickets.›Section 8-19E-1 - Purchase Price Printed on Face of Ticket.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-1 - Purchase Price Printed on Face of Ticket.
|
Section 8-19E-1
Purchase price printed on face of ticket.
Admission tickets to any athletic contest, dance, theater, concert, circus, or other amusement shall have the price paid for the ticket, excluding order processing and delivery charges, printed on the face of the ticket.
(Act 2009-568, p. 1670, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19e/section-8-19e-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19E - Sale of Admission Tickets.›Section 8-19E-2 - Resale of Admission Ticket.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-2 - Resale of Admission Ticket.
|
Section 8-19E-2
Resale of admission ticket.
An admission ticket that was originally issued, sold, or authorized by the organizer or venue to any athletic contest, dance, theater, concert, circus, or other amusement may be resold for an amount in excess of the price printed on the face of the ticket.
(Act 2009-568, p. 1670, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19e/section-8-19e-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19E - Sale of Admission Tickets.›Section 8-19E-3 - Sale of Counterfeit Admission Ticket.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-3 - Sale of Counterfeit Admission Ticket.
|
Section 8-19E-3
Sale of counterfeit admission ticket.
(a) Any person who sells a counterfeit admission ticket, upon conviction, shall be guilty of forgery in the third degree which is a Class A misdemeanor.
(b) A license inspector may issue citations and otherwise enforce this chapter under the authority granted pursuant to Section 40-12-10.
(Act 2009-568, p. 1670, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19e/section-8-19e-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19E - Sale of Admission Tickets.›Section 8-19E-4 - License Not Required for Internet or Electronic Sales.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-4 - License Not Required for Internet or Electronic Sales.
|
Section 8-19E-4
License not required for Internet or electronic sales.
An individual reselling admission tickets through an Internet website or other electronic means shall not be required to obtain a business license under Section 40-12-167.
(Act 2009-568, p. 1670, §4.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-1 - Short Title.
|
Section 8-19F-1
Short title.
This chapter shall be known and may be cited as the Fantasy Contests Act.
(Act 2019-343, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-2 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-2 - Definitions.
|
Section 8-19F-2
Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) CONFIDENTIAL INFORMATION. Information related to the play of a fantasy contest by fantasy contest players obtained as a result of, or by virtue of, a person's employment.
(2) ENTRY FEE. Cash or cash equivalent that is required to be paid by a fantasy contest player to a fantasy contest operator in order to participate in a fantasy contest.
(3) FANTASY CONTEST. A simulated game of skill in which both of the following are true:
a. Winning outcomes are determined predominately by accumulated statistical results of performance of individual athletes in actual sporting events.
b. Winning outcomes are not based on the score, point spread, or any performance of any single actual sports team or combination of teams or solely on any single performance of an individual athlete in any single sporting event.
(4) FANTASY CONTEST OPERATOR. A person or entity that offers fantasy contests with an entry fee for a cash prize to the general public.
(5) FANTASY CONTEST PLAYER. A person who participates in a fantasy contest offered by a fantasy contest operator.
(6) GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players, less the total of all sums paid out as winning to all fantasy contest players multiplied by the location percentage for this state.
(7) LOCATION PERCENTAGE. The percentage, rounded to the nearest tenth of a percent, of the total of all entry fees collected from fantasy contest players located in this state, divided by the total entry fees collected from all fantasy contest players in fantasy contests.
(8) NATIONAL GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players located in the United States, less the total of all sums paid out as winnings to all fantasy contest players.
(9) REGULATOR. The Office of the Attorney General.
(Act 2019-343, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-3 - Registration of Operators; Fees; Taxes.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-3 - Registration of Operators; Fees; Taxes.
|
Section 8-19F-3
Registration of operators; fees; taxes.
(a)(1) No fantasy contest operator shall offer any fantasy contest with an entry fee in this state without first being registered with the regulator. Applications for registration and renewal shall be under oath, in the form prescribed by the Attorney General. The regulator shall make applications for operators available by November 27, 2019.
(2) A fantasy contest operator that offered fantasy contests in this state prior to May 1, 2016, may operate fantasy contests in this state on May 31, 2019, provided the operator files an application for registration with the regulator within 60 days of availability of the application.
(b) The regulator may not adopt rules limiting or regulating the rules or administration of an individual fantasy contest, the statistical makeup of a fantasy contest, or the digital platform of a fantasy contest operator.
(c) At the time of initial registration to offer fantasy contests with an entry fee in this state, a fantasy contest operator shall pay to the regulator an initial registration fee as follows:
(1) A fantasy contest operator that has national gross fantasy contest revenues in excess of ten million dollars ($10,000,000) shall pay an initial registration fee of eighty-five thousand dollars ($85,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of eighty-five thousand dollars ($85,000).
(2) All other fantasy contest operators shall pay an initial registration fee of one thousand dollars ($1,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of one thousand dollars ($1,000).
(d) On the anniversary date of the fantasy contest operator's registration, the fantasy contest operator shall annually pay a tax equal to ten and one-half percent of the fantasy contest operator's gross fantasy contest revenues from the immediately preceding 12-month period. The revenues shall be deposited to the credit of the state General Fund.
(e) Any operator applying for registration, renewal, or transfer of a registration may operate during the application period unless the regulator has reasonable cause to believe that the operator is or may be in violation of this chapter, and the regulator requires the operator to suspend the operation of any fantasy contest until registration, transfer, or renewal of registration is approved.
(Act 2019-343, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-4 - Fantasy Constest Procedure Requirements.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-4 - Fantasy Constest Procedure Requirements.
|
Section 8-19F-4
Fantasy constest procedure requirements.
A fantasy contest operator who operates fantasy contests with an entry fee shall implement commercially reasonable procedures that are intended to accomplish all of the following:
(1) Prevent the fantasy contest operator, employees of the fantasy contest operator, and relatives living in the same household as the employees, from competing in any public fantasy contest offered by any fantasy contest operator in which the operator offers a cash prize to the general public.
(2) Prevent sharing of confidential information that could affect fantasy contest play with third parties until information is made publicly available.
(3) Verify that a fantasy contest player in a fantasy contest is 19 years of age or older.
(4) Prevent the fantasy contest operator from offering contests based on the performances of participants in high school or youth athletic events.
(5) Prevent the fantasy contest operator from offering a fantasy contest open to the general public that does not establish and make known all prizes and awards offered to winning participants in advance of the game or contest.
(6) Provide that no winning outcome is based on the score, point spread, or any performance of any single actual sports team or combination of teams or solely on any single performance of an individual athlete or participant in any single actual event.
(7) Ensure that an individual who is a player in a real-world game or sporting event is restricted from participating in a fantasy contest that is determined, in whole or in part, on the accumulated statistical results of that player, the player's real-world team, or the sport or competition for which he or she is a player.
(8) Allow individuals to restrict themselves from entering a fantasy contest upon request and provide reasonable steps to prevent the person from entering fantasy contests offered by the fantasy contest operator.
(9) Disclose the number of entries that a fantasy contest player may submit to each fantasy contest and provide reasonable steps to prevent players from submitting more than the allowable number.
(10) Segregate fantasy contest player funds from operational funds or maintain a reserve that equals or exceeds the amount of player funds on deposit, which reserve may not be used for operational activities. These reserve funds may take the form of cash, cash equivalents, an irrevocable letter of credit, a bond, payment processor reserves and receivables, or a combination thereof, in the amount that shall exceed the total balances of the fantasy contest players' accounts.
(11) A fantasy contest operator offering fantasy contests with an entry fee in this state shall contract with a third party to annually perform an independent audit, consistent with the standards established by the American Institute of Certified Public Accountants, to ensure compliance with this chapter and shall submit the results of the audit to the regulator within 270 days of the end of the operator's fiscal year.
(12) A fantasy contest operator offering fantasy contests with an entry fee in this state shall not target minors or other excluded players in any advertising.
(Act 2019-343, §4.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-5 - Deceptive Trade Practices.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-5 - Deceptive Trade Practices.
|
Section 8-19F-5
Deceptive trade practices.
A violation of this chapter is a deceptive trade practice under the Deceptive Trade Practices Act, Chapter 19 of this title.
(Act 2019-343, §5.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-6 - Construction of Chapter.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-6 - Construction of Chapter.
|
Section 8-19F-6
Construction of chapter.
The provisions of this chapter shall be construed liberally to promote the general welfare of the public and integrity of the fantasy sports industry.
(Act 2019-343, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-7 - Rulemaking Authority.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-7 - Rulemaking Authority.
|
Section 8-19F-7
Rulemaking authority.
The Office of the Attorney General may adopt rules to implement and administer this chapter.
(Act 2019-343, §7.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-8 - Applicability of Gambling Statutes.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-8 - Applicability of Gambling Statutes.
|
Section 8-19F-8
Applicability of gambling statutes.
Article 2 of Chapter 12 of Title 13A does not apply to a fantasy contest.
(Act 2019-343, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-9 - Exclusion From Lottery or Gift Enterprise Provisions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-9 - Exclusion From Lottery or Gift Enterprise Provisions.
|
Section 8-19F-9
Exclusion from lottery or gift enterprise provisions.
A fantasy contest offered pursuant to this chapter does not constitute a lottery or gift enterprise pursuant to Section 65 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(Act 2019-343, §9.)
|
https://law.justia.com/codes/alabama/title-8/chapter-19f/section-8-19f-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 19F - Fantasy Contests Act.›Section 8-19F-10 - Relation to Other Laws.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-10 - Relation to Other Laws.
|
Section 8-19F-10
Relation to other laws.
Nothing in this chapter shall be construed to alter the existing authority of the state or any state official with respect to any matter other than fantasy contests as defined in this chapter.
(Act 2019-343, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-1 - Short Title.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-1 - Short Title.
|
Section 8-20-1
Short title.
This chapter may be cited as "The Motor Vehicle Franchise Act."
(Acts 1981, No. 81-390, p. 596, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-2 - Declaration of Purpose.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-2 - Declaration of Purpose.
|
Section 8-20-2
Declaration of purpose.
(a) The Legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affect the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate the dealings between manufacturers and distributors or wholesalers and their dealers in order to prevent fraud and other abuses upon the citizens of this state and to protect and preserve the investments and properties of the citizens of this state.
(b) This chapter shall not apply to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this title applies.
(Acts 1981, No. 81-390, p. 596, §2; Act 2011-636, p. 1529, §12.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-3 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-3 - Definitions.
|
Section 8-20-3
Definitions.
For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) COERCE. The failure to act in good faith in performing or complying with any term or provision of the franchise or dealer agreement, except that recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of good faith.
(2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises.
(3) DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer, who sells or distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives within the state.
(4) DISTRIBUTOR BRANCH. A branch office maintained by a distributor or wholesaler.
(5) DISTRIBUTOR REPRESENTATIVE. A representative employed by a distributor or wholesaler for the purpose of making or promoting the sale of the distributor's or wholesaler's new motor vehicles to motor vehicle dealers or for supervising or contracting the motor vehicle dealers or prospective motor vehicle dealers.
(6) FACTORY BRANCH. A branch office maintained by a manufacturer in order to direct and supervise the representatives of the manufacturer.
(7) FACTORY REPRESENTATIVE. A person employed by a manufacturer for the purpose of making or promoting the sale of the manufacturer's new motor vehicles to motor vehicle dealers or distributors or for supervising or contacting the motor vehicle dealers or prospective motor vehicle dealers.
(8) GOOD FAITH. Honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and interpreted in paragraph (1)(b) of Section 7-2-103.
(9) LINE MAKE. A collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer offered for sale, lease, or distribution pursuant to a common brand name or mark; provided, however:
1. Multiple brand names or marks may constitute a single line make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and
2. Motor vehicles bearing a common brand name or mark may constitute separate line makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use.
(10) MANUFACTURER. Any person engaged in the manufacturing or assembling of new motor vehicles as a regular business or any person who is controlled by the manufacturer.
(11) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled.
(12) MOTOR VEHICLE DEALER. A person operating under a dealer agreement from a manufacturer or distributor and who is engaged regularly in the business of buying, selling, or exchanging motor vehicles in this state and who has in this state an established place of business.
(13) NET COST. The price the dealer pays for new motor vehicles, supplies, parts, equipment, signs, furnishings, and special tools, including the freight costs to the dealer's location, minus any applicable discounts obtained by the dealer.
(14) NEW MOTOR VEHICLE. A vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. A new motor vehicle shall also mean an engine, transmission, or rear axle manufactured for installation in a vehicle having as its primary purpose the transport of a person or persons or property on a public highway and having a gross vehicle weight rating of more than 16,000 pounds, whether or not attached to a vehicle chassis.
(15) PERSON. An individual, firm, partnership, association, joint stock company, corporation, or other legal entity or a combination of legal entities.
(16) RELEVANT MARKET AREA. The area within a radius of 20 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except that, where a manufacturer is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line make within a 10-mile radius of the proposed dealer site, the relevant market area shall in all instances be the area within a radius of 10 miles around an existing dealer.
(Acts 1981, No. 81-390, p. 596, §3; Acts 1981, No. 81-776, p. 1338, §16; Act 2010-198, p. 300, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-4 - Unfair and Deceptive Trade Practices.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-4 - Unfair and Deceptive Trade Practices.
|
Section 8-20-4
Unfair and deceptive trade practices.
Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise, the following acts or conduct shall constitute unfair and deceptive trade practices:
(1) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer to do any of the following:
a. To accept, buy, or order any motor vehicle or vehicles, appliances, equipment, parts, or accessories therefor, or any other commodity or commodities or service or services which such motor vehicle dealer has not voluntarily ordered or requested except items required by applicable local, state, or federal law; or to require a motor vehicle dealer to accept, buy, order, or purchase such items in order to obtain any motor vehicle or vehicles or any other commodity or commodities which have been ordered or requested by such motor vehicle dealer.
b. To order or accept delivery of any motor vehicle with special features, appliances, accessories, or equipment not included in the list price of the motor vehicles as publicly advertised by the manufacturer thereof, except items required by applicable law.
c. To enter into any agreement with such manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to do any other act prejudicial to the dealer, the effect of which is to reduce the motor vehicle dealer's allocation of motor vehicles or cancel or fail to renew any franchise or any dealer agreement existing between the parties other than as hereinafter provided; provided, however, that this subsection is not intended to preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise, and notice in good faith to any motor vehicle dealer of the dealer's violation of any reasonable terms or provisions of such franchise or dealer agreement or of any law or regulation applicable to the conduct of a motor vehicle dealer shall not constitute a violation of this chapter.
d. To participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, training materials, showroom, or other display decorations or materials at the expense of the new motor vehicle dealer. This paragraph is not intended to modify any reasonable and uniformly applied provision of the franchise which requires the new motor vehicle dealer to advertise and promote the sale of vehicles and does not apply to campaigns, contests, advertising, and other promotional programs in which the new motor vehicle dealer voluntarily elects to participate.
e. To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products; provided that the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicle, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the franchise.
f. To change the location of the new motor vehicle dealership or, during the course of the agreement, to make any substantial alterations to the dealership premises when to do so would be unreasonable.
1. For the purposes of this paragraph, both of the following would be unreasonable:
(i) To require the construction of or substantial alteration to a facility or premises if the same item or design component, consisting of interior or exterior elements of the sales, service, administrative, or parts components, was constructed or substantially altered within the prior 10 years and that construction or alteration was required and approved by the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative. A substantial alteration shall mean an alteration that has a major impact on the architectural features, characteristics, appearance, or integrity of a structure or lot. The term does not include routine maintenance, such as interior painting reasonably necessary to maintain a dealership facility in attractive condition, nor any changes to items protected by federal intellectual property rights.
(ii) To require the use of a vendor of goods or services selected by the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative for construction or substantial alterations if the dealer, with approval of the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative selects an alternative vendor of goods and services that are of the same design, quality, and kind. This section shall not be construed to eliminate, impair, damage, or otherwise limit a manufacturer's intellectual property, trademark, or trade dress rights in any way. This paragraph shall not apply to goods or services paid for entirely by a manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative nor to their initial design or architectural review service.
2. This paragraph does not apply to routine facility maintenance or to construction or alterations necessary to comply with a health or safety law or technology requirements necessary to sell or service a vehicle that the dealer is authorized to sell and service.
3. This paragraph is not intended to prohibit a manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative from continuing a facility improvement program that is in effect as of March 12, 2018, with more than one new vehicle dealer in the state nor to any modification or renewal of the program or providing program payments to assist a new vehicle dealer in making agreed upon facility improvements, construction, or substantial alterations, including signage or an image element, or from enforcing a voluntary agreement between a new vehicle dealer and manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative where separate and valuable consideration has been offered and accepted.
g. To establish or maintain exclusive sales facilities or sales display space for a new motor vehicle line make unless such exclusive sales facilities or sales display space are reasonable and are otherwise justified by reasonable business considerations. The burden of proving that reasonable business considerations justify exclusive sales facilities or sales display space is on the manufacturer. Provided, however, a manufacturer or distributor may not coerce, attempt to coerce, or require a motor vehicle dealer to establish or maintain exclusive personnel or exclusive service, parts, or administrative facilities for a line make.
h. To adhere to performance standards that are not fair, reasonable, and equitable or that are not applied uniformly to other similarly situated dealers. A performance standard, sales objective, or program for measuring dealership performance that may have a material effect on a dealer, including the dealer's right to payment under any incentive or reimbursement program shall be fair, reasonable, equitable, and based on accurate information.
i. To engage in any acts which constitute fraud, deceit, or suppression under Sections 6-5-100 to 6-5-104, inclusive.
j. To offer to sell or to sell any extended service contract or extended maintenance plan offered, sold, backed by, or sponsored by the manufacturer or to sell, assign, or transfer any retail installment sales contract or lease obtained by the dealer in connection with the sale or lease of a new motor vehicle manufactured by the manufacturer to a specified finance company, class of finance companies, leasing company, or class of leasing companies, or to any other specified persons.
(2) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or motor vehicle dealer to engage in any action with respect to a franchise which is arbitrary, unconscionable, unreasonable, or is not in good faith and which causes damage to any of the parties.
(3) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to do any of the following:
a. To adopt, change, establish, or implement a plan or system for the allocation and distribution of new or used motor vehicles to motor vehicle dealers which is arbitrary, capricious, or unreasonably discriminatory or to modify an existing plan so as to cause the same to be arbitrary, capricious, or unreasonably discriminatory.
b. To fail or refuse to advise or disclose to any motor vehicle dealer having a franchise or dealer agreement, upon written request therefor, the basis upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the state and the basis upon which the current allocation or distribution is being made or will be made to such motor vehicle dealer.
c. To refuse to deliver to a motor vehicle dealer in reasonable quantities and within a reasonable time after receipt of the motor vehicle dealer's order any such motor vehicles as are covered by a franchise or dealer agreement and specifically publicly advertised in the state by such manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to be available for immediate delivery; provided, however, that the failure to deliver any motor vehicle shall not be considered a violation of this chapter if such failure is due to an act of God, a work stoppage or delay due to a strike or labor difficulty, a shortage of materials, a lack of available manufacturing capacity, a freight embargo, or other cause over which the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative shall have no control.
d. To cancel or terminate the franchise or dealer agreement of a motor vehicle dealer other than as hereinafter provided.
e. To fail or refuse to extend the franchise or dealer agreement of a motor vehicle dealer upon its expiration other than as hereinafter provided.
f. To offer a renewal, replacement, or succeeding franchise or dealer agreement containing terms and provisions the effect of which is to substantially change or modify the sales and service obligations or capital requirements of the motor vehicle dealer other than as hereinafter provided.
g. To offer to sell or lease, or to sell or lease, any new motor vehicle to any motor vehicle dealer at a lower actual price therefor than the actual price offered to any other motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price and which are not offered to dealers of vehicles of the same line make; provided, however, that the provisions of this paragraph shall not apply to sale to a motor vehicle dealer for resale to any unit of the United States government, the state, or any of its political subdivisions.
h. To offer to sell or lease, or to sell or lease, any new motor vehicle to any person, except a wholesaler's or distributor's or manufacturer's employees, at a lower actual price therefor than the actual price offered and charged to a motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device which results in such lesser actual price and which are not offered to dealers of vehicles of the same line make; provided, however, that the provisions of this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of the United States government, the state, or any of its political subdivisions.
i. To prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from changing the executive management control of the motor vehicle dealer unless such change of executive management control will result in executive management control by a person or persons who are not of good moral character or who do not meet the manufacturer's or wholesaler's or distributor's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the new motor vehicle dealer, uniformly applied minimum business experience standards in the market area; provided, however, that where the manufacturer, or distributor, or wholesaler rejects a proposed change in executive management control, the manufacturer, or distributor, or wholesaler shall give written notice of his or her reasons to the motor vehicle dealer within 45 days of notice to the manufacturer, or wholesaler, or distributor by the motor vehicle dealer of the proposed change accompanied by information reflecting the identity, business experience and affiliations, and source of investment funds of the proposed new management.
j. To prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from establishing or changing the capital structure of his or her dealership or the means by or through which he or she finances the operation thereof; provided, the dealer meets any reasonable capital standards agreed to between the motor vehicle dealer and the manufacturer, distributor, or wholesaler, who may require that the sources, method, and manner by which the motor vehicle dealer finances or intends to finance its operation, equipment, or facilities be fully disclosed.
k. To refuse to give effect to or prevent or attempt to prevent by contract or otherwise any motor vehicle dealer or any officer, partner, or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person unless such sale or transfer is to a transferee who would not otherwise qualify for a new motor vehicle dealer's license issued by the State of Alabama or a political subdivision thereof or unless such sale or transfer is to a person who is not of good moral character or who does not meet the manufacturer's or wholesaler's or distributor's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area; provided, however, that where such a rejection of a transfer is made, the manufacturer or distributor or wholesaler shall give written notice of his or her reasons to the motor vehicle dealer within 60 days of notice to the manufacturer or wholesaler or distributor by the dealer of the proposed transfer, accompanied by information reflecting the identity of the new owner or owners, their business experience and affiliations, and the pro forma balance sheet and source of investment funds of the proposed new dealership. A manufacturer or distributor may exercise a contractual right of first refusal with respect to the sale or transfer of the interest of the dealer only if each of the following requirements are met:
1. The sale or transfer is not to a family member of an owner of the dealership, nor a managerial employee of the dealership owning 15 percent or more of the dealership, nor a corporation, partnership, or other legal entity owned by the existing owners of the dealership. For purposes of this subparagraph, a "family member" means the spouse of an owner of the dealership, the child, grandchild, brother, sister, or parent of an owner, or a spouse of one of those family members.
2. The manufacturer or distributor notifies the dealer in writing within 60 days after receipt of the completed application forms and related information generally used by a manufacturer or distributor to conduct its review and a copy of all agreements regarding the proposed transfer of its intent to exercise its right of first refusal or its rejection of the proposed transfer. If the manufacturer or distributor fails to notify the dealer of its exercise of the right of first refusal or its rejection of the proposed transferee within the 60-day period, the effect of such failure shall constitute approval of the proposed sale or transfer. If the manufacturer or distributor exercises a right of first refusal under this section, the transfer shall be deemed to be rejected.
3. The exercise of the right of first refusal provides to the dealer the same compensation as, or greater compensation than, the dealer had negotiated to receive from the proposed buyer or transferee.
4. The manufacturer or distributor agrees to pay the reasonable expenses, including reasonable attorneys' and accountants' fees that do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients incurred by the proposed buyer or transferee before the manufacturer's or distributor's exercise of its right of first refusal in negotiating and implementing the contract for the sale or transfer. The proposed buyer or transferee shall provide to the manufacturer or distributor a written itemization of the expenses incurred within 30 days of the receipt by the proposed buyer or transferee of a written request from the manufacturer or distributor for an accounting of the expenses. The manufacturer or distributor shall make payment of these expenses within 30 days of exercising the right of first refusal.
l. To unreasonably and without notice to existing motor vehicle dealers, as hereinafter provided, enter into a franchise with an additional motor vehicle dealer who intends to conduct its dealership operations from a place of business situated within the relevant market area of an existing motor vehicle dealer or motor vehicle dealers representing the same line make. The appointment of a successor motor vehicle dealer at the same location as its predecessor or within a two-mile radius therefrom within two years from the date on which its predecessor ceased operations or was terminated, whichever occurred later, shall not be construed as the entering into of an additional franchise. Any manufacturer, distributor, or wholesaler, factory branch, factory representative, distributor branch, or distributor representative which intends to enter into an additional franchise shall, at least 60 days prior to granting such franchise, give written notice of its intention to do so to each motor vehicle dealer of the same line make within the relevant market area. Such notice shall state the date on or after which such proposed franchise shall be granted or entered into. Prior to the date set forth in the notice on or after which such franchise will be entered into, any such motor vehicle dealer may petition a court of competent jurisdiction to determine whether such appointment or proposed appointment is unreasonable in which action the manufacturer, wholesaler, or distributor shall have the burden of proof that such action is not unreasonable. No bond shall be required as a precondition to entry of an injunction enjoining appointment of an additional franchise. Such petition shall be entitled to a speedy trial. In determining whether such proposed appointment is unreasonable, the court shall consider all pertinent circumstances. These may include but are not limited to:
1. Whether the establishment of such additional franchise is warranted by economic and marketing conditions including anticipated future changes.
2. The past, present, and anticipated retail sales and service business transacted by the objecting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area.
3. The investment made and obligations incurred by the objecting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area.
4. Whether it is beneficial or injurious to the public welfare for an additional franchise to be established.
m. To prospectively assent to a release, assignment, novation, agreement, waiver, or estoppel that does any of the following:
1. Relieves any person from any liability or obligation under this chapter.
2. Requires any controversy between a new motor vehicle dealer and a manufacturer to be referred to any person other than the duly constituted courts of this state or the United States, if the referral would be binding on the new motor vehicle dealer.
3. Limits the entitlement to recover damages under this chapter or other Alabama law.
4. Specifies the jurisdiction or venues in which disputes arising with respect to the franchise shall or shall not be submitted for resolution or otherwise prohibits a dealer from bringing an action in the courts of Alabama.
5. Waives the right to trial by jury.
n. To prevent or refuse to give effect to the succession to the ownership or management control of a dealership upon the death or incapacity of a motor vehicle dealer to any legatee or devisee under the will of a dealer or to an heir under the laws of descent and distribution of this state unless the successor is a person who is not of good moral character or who does not meet the manufacturer's or distributor's or wholesaler's existing and reasonable capital standards and, with consideration given to the volume of the sales and service of the dealership, uniformly applied minimum business experience standards in the market area; provided, however, that where such a rejection of succession is made, the manufacturer or distributor or wholesaler shall give written notice of his or her reasons to the proposed successor within 60 days of notice to the manufacturer or wholesaler or distributor by the proposed successor of his or her intent to succeed to the ownership or management of the dealership, accompanied by information reflecting the identity of the new owner or owners, their business experience and affiliation, and the pro forma balance sheet and source of investment funds of the proposed new dealership. This section does not preclude the owner of a new motor vehicle dealer from designating any person as his or her successor by written instrument filed with the manufacturer or distributor and, in the event there is a conflict between such written instrument and the provisions of this section, the written instrument shall govern.
o. To fail to indemnify and hold harmless its motor vehicle dealers against any losses, including, but not limited to, court costs and reasonable attorneys' fees, or damages arising out of complaints, claims, or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale where the complaint, claim, or lawsuit relates to any of the following:
1. The manufacture, assembly, or design of new motor vehicles, parts, or accessories.
2. A defect in any forms furnished to the dealer or in the written instructions for the completion of such forms by the manufacturer, an affiliate of the manufacturer, or person controlled by the manufacturer used in connection with the sale, lease, or financing of a vehicle and associated products, unless the dealer improperly completes the forms or makes misrepresentations contrary either to the terms of the forms or the written instructions for their completion.
3. Other functions by the manufacturer, beyond the control of the dealer, including, without limitation, the selection by the manufacturer of parts or components for the vehicle, or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the manufacturer.
p. To increase prices of new motor vehicles which the new motor vehicle dealer had ordered for retail consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a retail consumer shall constitute evidence of each such order; provided that the vehicle is in fact delivered to that customer. In the event of manufacturer price reductions or cash rebates, the amount of any such reduction or rebate received by a dealer shall be passed on to the retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reductions shall apply to all vehicles in the dealer's inventory which were subject to the price reduction. Price differences applicable to new model or series motor vehicles at the time of the introduction of new models or series shall not be considered a price increase or price decrease. Price changes caused by any of the following shall not be subject to the provisions of this paragraph:
1. The addition to a motor vehicle of required or optional equipment pursuant to state or federal law.
2. Revaluation of the United States dollar, in the case of foreign-made vehicles or components.
3. An increase in transportation charges due to increased rates imposed by common or contract carriers.
q. To offer any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line make to be sold to the state or any political subdivision thereof without making the same offer to all other new motor vehicle dealers in the same line make within the state.
r. To release to any outside party, except under subpoena, or as otherwise required by law or in an administrative, judicial, or arbitration proceeding, any business, financial, or personal information which may be from time to time provided by the dealer to the manufacturer, without the express written consent of the dealer.
s. To own an interest in a new motor vehicle dealership, to operate or control a dealership, to make direct sales or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating a new motor vehicle dealership or a warranty repair facility for a temporary period of not more than 24 months, as long as the new motor vehicle dealership or warranty repair center is for sale at a reasonable price and on reasonable terms and conditions; or
2. The manufacturer's or distributor's participation is in a bona fide relationship with an independent person who satisfies both of the following:
(i) Is required to make significant investment in the new motor vehicle dealership or warranty repair center subject to loss.
(ii) Operates the dealership or warranty repair center and may reasonably be expected to acquire full ownership of the dealership or warranty repair center within a reasonable time and under reasonable terms and conditions.
3. The manufacturer or distributor is selling or leasing new motor vehicles in Alabama to its qualified vendors, not-for-profit organizations, fleets, or the federal, state, or local government if sold or leased and delivered through new motor vehicle dealers in this state. The manufacturer or distributor is selling or leasing new motor vehicles in Alabama to its employees and employees' families if delivered through new motor vehicle dealers in this state. The manufacturer or distributor is implementing a program to sell or lease or offer to sell or lease new motor vehicles through new motor vehicle dealers in this state.
4. The manufacturer or distributor owns a passive interest of not more than 10 percent in a publicly traded corporation held exclusively for investment purposes.
5. A manufacturer of recreational vehicles which as of December 31, 1999, owns, operates, or controls a facility in this state for performance of motor vehicle warranty repair or service work on recreational vehicles manufactured by that manufacturer.
6. The manufacturer or distributor is owning, operating, or controlling an entity primarily engaged in the business of renting passenger and commercial motor vehicles and industrial and construction equipment, as well as activities incidental to the businesses, including warranty and repair work on vehicles that it owns, previously owned, or takes in trade.
7. A manufacturer or distributor that meets all of the following requirements:
(i) Manufactures or distributes engines for installation in a vehicle having as its primary purpose the transport of a person or persons or property on a public highway and having a gross vehicle weight rating of more than 16,000 pounds, provided that the manufacturer does not otherwise manufacture motor vehicles.
(ii) Owned, operated, or controlled a new motor vehicle dealership or a warranty repair facility in this state prior to January 1, 2016.
(iii) Does not own or operate more than three new motor vehicle dealership or warranty repair facilities in this state.
(iv) Does not regularly provide motor vehicle warranty or repair service work in this state to noncommercial single-family passenger motor vehicles having a gross vehicle weight rating of less than 16,000 pounds unless the repair is not reasonably available at a motor vehicle dealer that sells new motor vehicles with a gross vehicle weight rating of less than 16,000 pounds or at the request of such motor vehicle dealer.
(v) Avoids any acts or practices the effect of which may be to lessen or eliminate competition that provided to dealers on materially equal terms access to all support for completing repairs, including, but not limited to, parts and assembles, training, and technical service bulletins and other information concerning repairs that the manufacturer provides to facilities owned, operated, or controlled by the manufacturer.
t. To make any material change in any franchise agreement without giving the dealer written notice by certified mail of such change at least 60 days prior to the effective date of such change.
u. To fail to pay or otherwise compensate its new motor vehicle dealers for sales incentives, service incentives, rebates, or other forms of incentive compensation earned by the dealer as a consequence of incentive programs of the manufacturer. The manufacturer shall have the right to audit any such incentive payments made to the dealer and to charge back the dealer for any fraudulent claims for incentive payments made to the dealer for a period not to exceed 12 months from the date the claim was paid. A manufacturer shall not disapprove claims for which the dealer has received preauthorization from the manufacturer or its representative nor shall the manufacturer unreasonably disapprove a claim solely based on the dealer's incidental failure to comply with a specific claim processing requirement that results only in a clerical error or administrative error; rather, a claim denial must be based upon a material defect and deviation from the reasonable written claim submission requirements of the manufacturer. In the event of neglect, oversight, or mistake by the dealer, a dealer may submit an amended claim, or may submit a claim not submitted within the time required by the manufacturer, for sales incentives, service incentives, rebates, or other forms of incentive compensation up to 120 days from the date on which such claim was first submitted or could have been submitted.
v. To fail or refuse to offer its same line make franchised dealers all models of new motor vehicles manufactured for that line make and offered to any dealer in this state. No unreasonable additional requirements, over the requirements originally required to obtain a franchise from the manufacturer, may be required of existing franchised dealers to receive any model by that line make. The provisions in this paragraph shall not apply to recreational vehicles and reasonable requirements of a manufacturer that its dealers obtain tools or diagnostic equipment to properly service its line make of motor vehicles. The failure to deliver any such new motor vehicle shall not be considered a violation of this section if the failure is due to a lack of manufacturing capacity or to a strike or labor difficulty, a shortage of materials, a freight embargo, or any other cause over which the manufacturer has no control.
w. To prohibit a motor vehicle dealer from changing the location of the new motor vehicle dealership to another location within the dealer's assigned area of responsibility if the refusal to approve the relocation is not reasonable under the circumstances.
x. To charge back, deny vehicle allocation, withhold payments, or take any other adverse actions against a dealer because of a sale of a new motor vehicle which is exported from the United States unless the manufacturer can prove that the dealer knew or reasonably should have known on the date of the sale that the new motor vehicle was to be exported. A dealer is rebuttably presumed to have no knowledge of the intended export if the vehicle is sold by the dealer to a United States resident who titles and registers the vehicle in any state in the United States.
y. To condition the sale, transfer, relocation, or renewal of a franchise or dealer agreement or to condition sales, service, parts, or finance incentives upon site control or an agreement to renovate or make substantial improvements to a facility; provided, however, that voluntary and non-coerced acceptance of such conditions by the dealer in writing, including, but not limited to, a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.
z. To assign or change a dealer's area of responsibility under the franchise or dealer agreement arbitrarily or without due regard to the present or projected future pattern of motor vehicle sales and registrations within the dealer's market area and without first having provided the dealer with written notice of the change in the dealer's area of responsibility and a detailed description of the change and reasons therefor.
(Acts 1981, No. 81-390, p. 596, §4; Acts 1991, No. 91-212, p. 398, §1; Act 2000-267, p. 415, §1; Act 2010-198, p. 300, §1; Act 2016-357, p. 879, §1; Act 2018-188, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-4-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-4.1 - Obligation to Act in Good Faith and Deal Fairly.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-4.1 - Obligation to Act in Good Faith and Deal Fairly.
|
Section 8-20-4.1
Obligation to act in good faith and deal fairly.
Every dealer agreement entered into under Act 2010-198 shall impose on the parties the obligation to act in good faith and to deal fairly.
(Act 2010-198, p. 300, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-5 - Limitations on Cancellations, Modifications, Terminations, and Nonrenewals of Franc...
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-5 - Limitations on Cancellations, Modifications, Terminations, and Nonrenewals of Franchise Relationships.
|
Section 8-20-5
Limitations on cancellations, modifications, terminations, and nonrenewals of franchise relationships.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship with a licensed new motor vehicle dealer unless the manufacturer has:
(1) Satisfied the notice requirement of this section.
(2) Acted in good faith as defined in this chapter.
(3) Has good cause for the cancellation, termination, modification, nonrenewal, or noncontinuance.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, modification, nonrenewal, or noncontinuance when:
(1) There is a failure by the new motor vehicle dealer to comply with a provision of the franchise which provision is both reasonable and of material significance to the franchise relationship, provided that the manufacturer first acquired actual or constructive knowledge of such failure not more than 180 days prior to the date on which notification is given by the manufacturer pursuant to the requirements of this section.
(2) If the failure by the new motor vehicle dealer to comply with a provision of the franchise relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to substantially comply with the reasonable performance provisions of the franchise if:
a. The new motor vehicle dealer was apprised by the manufacturer in writing of such failure and each of the following occur:
1. The notification stated that notice was provided of failure of performance pursuant to this chapter.
2. The new motor vehicle dealer was afforded a reasonable opportunity, for a period of not less than six months, to exert good faith efforts to carry out such provisions.
3. The new motor vehicle dealer did not demonstrate substantial compliance with the manufacturer's performance standards during such period and that the failure to demonstrate such compliance was not due to factors which were beyond the control of such dealer.
b. Such failure thereafter continued within the period which began not more than 180 days before the date notification of termination, cancellation, modification, or nonrenewal was given pursuant to this section.
(c) The manufacturer shall have the burden of proof for showing that it has acted in good faith, that the notice requirements have been complied with, and that there was good cause for the franchise termination, cancellation, modification, nonrenewal, or noncontinuance.
(d) If a dealer brings an action in a court of competent jurisdiction to challenge the cancellation, termination, or nonrenewal of a franchise or dealer agreement by a manufacturer under this section, such franchise or dealer agreement shall remain in full force and effect and such dealer shall retain all rights and remedies pursuant to the terms and conditions of such franchise or dealer agreement, including, but not limited to, the right to sell or transfer the dealer's ownership interest, until a final determination by a court of competent jurisdiction, including appeal, unless extended by the court for good cause. This subsection shall not apply to a cancellation, termination, or nonrenewal of a franchise or dealer agreement based upon any of the reasons set forth in subsection (e)(2).
(e) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, modification, or nonrenewal of any franchise or dealer agreement, the manufacturer shall furnish notification of such termination, cancellation, modification, or nonrenewal to the new motor vehicle dealer as follows:
(1) In the manner described in subsection (f).
(2) Not less than 90 days prior to the effective date of such termination, cancellation, modification, or nonrenewal or not less than 30 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following:
a. Filing of any petition by or against the new motor vehicle dealer under any bankruptcy or receivership law.
b. Willful or intentional misrepresentation made by the new motor vehicle dealer with the express intent to defraud the manufacturer or distributor.
c. Failure of the new motor vehicle dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days.
d. Final conviction (including appeal) of the new motor vehicle dealer, principal owner, or principal executive manager of any felony.
(f) Notification under this section shall be in writing; shall be by certified mail or personally delivered to the new motor vehicle dealer; and shall contain:
(1) A statement of intention to terminate the franchise, cancel the franchise, modify the franchise, or not to renew the franchise.
(2) A statement of the reasons for the termination, cancellation, modification, or nonrenewal.
(3) The date on which such termination, cancellation, modification, or nonrenewal takes effect.
(g) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise or dealer agreement for good cause, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the:
(1) New motor vehicle inventory of the current and previous model year which has been acquired from the manufacturer. Any new and unused motor vehicle repurchased by the manufacturer shall be repurchased at the net cost to the dealer.
(2) Supplies and parts acquired by the new motor vehicle dealer from the manufacturer, its approved sources, or original manufacturer supplies and parts acquired from other dealers in the ordinary course of business, within seven years prior to the effective date of the termination, cancellation, or nonrenewal. Supplies and parts shall be repurchased by the manufacturer at the net cost to the dealer without any restocking fees or other fees.
(3) Equipment, signs, and furnishings acquired by the new motor vehicle dealer from the manufacturer or its approved sources. The dealer shall be paid either the fair market value of the equipment, signs, and furnishings as of the date of termination or the value of the equipment, signs, and furnishings based on a six-year straight line schedule of depreciation, whichever is greater.
(4) Special tools and automotive service equipment that were required and designated as special tools or equipment by the manufacturer. The dealer shall be paid either the fair market value of the special tools and automotive service equipment as of the date of termination or the value of the special tools and automotive service equipment based on a six-year straight line schedule of depreciation, whichever is greater.
(5) The net cost of any upgrades or alterations made by the dealer to the dealership facilities which were recommended in writing by the manufacturer and made within two years prior to the effective date of termination.
(6) Dealership facilities, if the facilities were required to be purchased or constructed as a precondition to obtaining the franchise or to its renewal by the manufacturer. The manufacturer shall use its best efforts to locate a purchaser who will offer to purchase the facilities at a reasonable price. If the manufacturer does not locate a purchaser within a reasonable time, the manufacturer will pay the dealer an amount equivalent to the reasonable rental value of such facilities for three years during which time the manufacturer shall be entitled to possession of the facilities. If the facilities were leased from a lessor other than the manufacturer and the facilities were required as a precondition to obtaining the franchise or to its renewal by the manufacturer, then the manufacturer shall use its best efforts to locate a lessee who will offer to lease the premises for a reasonable term at a reasonable rent. If the manufacturer does not locate a lessee within a reasonable time, the manufacturer shall pay such rent for three years or the remainder of the term of the lease, whichever is less and the manufacturer shall have the option to succeed to the rights of the dealer under the lease. If the dealership facility is used for more than one line make, the rental payment by the manufacturer shall be prorated for each line make based on the floor space allocated to each line make.
(h) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise without good cause, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6) and for the dealership facilities, if the facilities were required to be purchased or constructed as a precondition to obtain the franchise or to its renewal by the manufacturer. If the facilities were leased and the lease was required as a precondition to obtaining the franchise or to its renewal by the manufacturer, then the manufacturer shall be liable for payment of the rent for the remainder of the term of the lease during which time the manufacturer shall be entitled to possession of the facilities. If the dealership facility is used for more than one line make, the rental payment by the manufacturer shall be prorated based on the floor space allocated to each line make. The manufacturer shall also pay the dealer fair and reasonable compensation for the value of the dealership within six months after the date of termination, cancellation, or nonrenewal.
(i) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise as a result of willful or intentional misrepresentations made by the new motor vehicle dealer with the express intent to defraud the manufacturer or distributor or upon the termination, cancellation, or nonrenewal by the motor vehicle dealer, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6).
(j)(1) Upon the termination, cancellation, or nonrenewal by the manufacturer occurring as a result of the cessation of a line make or as a result of the manufacturer's selling or otherwise transferring some or all of the assets essential to the manufacture or distribution of the line make, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6). The manufacturer shall also compensate the dealer in an amount equal to the greater of:
a. The actual pecuniary loss that the dealer suffered as a result of the termination, cancellation, or nonrenewal.
b. The fair market value of the franchise determined as of:
1. The date the manufacturer announces the action that results in termination, cancellation, or nonrenewal.
2. The date the action that resulted in the termination, cancellation, or nonrenewal first became general knowledge.
3. The day 12 months prior to the date on which the notice of termination, cancellation, or nonrenewal is issued, whichever is greater.
(2) If, as a result of the circumstances described above, an entity other than the original manufacturer of a line make becomes the manufacturer of the line make and intends to distribute motor vehicles of that line make in Alabama, the entity shall honor the franchise agreements of the original manufacturer and its dealers or offer those dealers a new franchise agreement for the line make on substantially similar terms and conditions. A dealer which elects to remain a dealer with the new entity or which enters into a new franchise agreement with this entity shall not be entitled to the compensation set forth in subdivision (1).
(3) This subsection shall not apply in the event of a termination or cessation of a line make by a recreational vehicle manufacturer.
(k) The fair and reasonable compensation to the dealer shall be paid by the manufacturer within 90 days after tender by the dealer of the items in subdivisions (g)(1) through (g)(4) at the dealership premises, provided the new motor vehicle dealer has clear title to the inventory and other items and is in a position to convey that title to the manufacturer.
(l) Subsections (g) through (k) shall not apply upon the termination, cancellation, or nonrenewal of a franchise by a motor home or motorcycle dealer.
(Acts 1981, No. 81-390, p. 596, §5; Acts 1991, No. 91-212, p. 398, §1; Act 2010-198, p. 300, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-6 - Predelivery Obligations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-6 - Predelivery Obligations.
|
Section 8-20-6
Predelivery obligations.
Every manufacturer or wholesaler or distributor, factory branch, factory representative, distributor branch or distributor representative shall specify to the motor vehicle dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be presented to the dealer and the obligations specified therein shall constitute any such dealer's only predelivery obligations as between such dealer and such manufacturer or wholesaler or distributor. The compensation as set forth on said schedule shall be reasonable.
(Acts 1981, No. 81-390, p. 596, §6.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-7 - Warranty Obligations to Dealers.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-7 - Warranty Obligations to Dealers.
|
Section 8-20-7
Warranty obligations to dealers.
THIS SECTION WAS AMENDED BY ACT 2022-104 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) For purposes of this section, the following words have the following meanings:
(1) PRE-DELIVERY SERVICE. All work and services, except warranty work, performed on a new motor vehicle by a motor vehicle dealer at the direction of the warrantor prior to the delivery of the vehicle to the first retail consumer.
(2) REPAIR ORDER. An invoice, paid by a retail customer, and closed as of the time of submission, encompassing one or more repairs to a motor vehicle, and reflecting, in the case of a parts markup submission, the cost of each part and the sale price thereof, and in the case of a labor rate submission, the total charges for labor and the total number of hours that produced the charges, which invoice may be submitted in electronic form.
(3) QUALIFIED REPAIR. A repair to a motor vehicle paid by a retail customer, which would have come within the warrantor's new motor vehicle warranty, but for the motor vehicle having exceeded the chronological or mileage limit of such warranty, and which does not constitute any of the work encompassed by subdivision (f)(5).
(4) QUALIFIED REPAIR ORDER. A repair order which encompasses, in whole or in part, a qualified repair or repairs.
(5) WARRANTOR. A manufacturer, distributor, or wholesaler, factory branch, factory representative, distributor branch, or distributor representative.
(6) WARRANTY WORK. All labor, including that of a diagnostic character, performed, and all parts, including original or replacement parts, and components, including engine, transmission, and other parts assemblies, installed by motor vehicle dealers on motor vehicles which are reasonably incurred by motor vehicle dealers, other than the incidental expenses incurred in performing labor and installing parts on motor vehicles, in fulfilling a warrantor's obligations under a new motor vehicle warranty, a recall, or a certified pre-owned warranty, to consumers, including, but not limited to, the expense of shipping or returning defective parts to the warrantor, when required by the warrantor.
(b) Every warrantor shall specify in writing to each of its motor vehicle dealers the dealer's obligation for pre-delivery service and warranty service on its products, shall compensate the motor vehicle dealer for the service required of the dealer by the warrantor, and shall provide the dealer the schedule of compensation to be paid the dealer for parts, work, and service in connection with the services, and the time allowance for the performance of such work and service.
(c) In no event shall the schedule of compensation fail to include reasonable compensation for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In no event shall such compensation of a dealer for warranty services including labor and parts, be less than the rates or prices charged by the dealer for like service to retail customers for nonwarranty service, repairs, and parts, provided that such prices and rates are not unreasonable. This subsection does not apply to compensation for parts, systems, fixtures, appliances, furnishings, accessories, and features of a motor home that are designed, used, and maintained primarily for non-vehicular residential purposes, or parts related to motorcycle repairs.
(d) It is a violation of this section for any warrantor to fail to perform any warranty obligations under the motor vehicle manufacturer's warranty, or to fail to include in written notices of factory recalls to dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects, or to fail to compensate any of the motor vehicle dealers for repairs effected by the recall.
(e) All claims made by new motor vehicle dealers pursuant to this section for such labor and parts shall be paid within 30 days following their approval; provided, however, that the warrantor retains the right to audit such claims and to charge back the dealer for any fraudulent claims for a period not to exceed 12 months from the date the claim was paid. All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days. A warrantor shall not disapprove claims for which the dealer has received preauthorization from the warrantor or its representative nor shall the warrantor unreasonably disapprove a claim solely based on the dealer's incidental failure to comply with a specific claim processing requirement that results only in a clerical error or administrative error; rather a claim denial must be based upon a material defect and deviation from the reasonable written claim submission requirements of the manufacturer. In the event of neglect, oversight, or mistake by the dealer, a dealer may submit an amended claim, or may submit a claim not submitted within the time required by the warrantor, for labor and parts up to 120 days from the date on which the claim was first submitted or could have been submitted.
(f)(1) For the purposes of this section, reasonable compensation shall be determined as provided in this subsection.
(2) The markup customarily charged by the dealer for parts or its labor rate may be established at the election of the dealer by the dealer submitting to the warrantor, either by electronic transmission or tangible delivery, all consecutive repair orders that include 100 sequential repair orders reflecting qualified repairs, or all repair orders closed during any period of 90 consecutive days, whichever produces the fewer number of repair orders, covering repairs made no more than 180 days before the submission and declaring the parts markup or labor rate.
(3) The dealer shall calculate its labor rate by determining the total charges for labor from the qualified repairs submitted and dividing that amount by the total number of hours that produced the charges. The dealer shall calculate its parts markup by determining the total charges for parts from the qualified repairs submitted, dividing that amount by its total cost of the purchase of the parts, subtracting one from that amount, and multiplying by 100 to produce a percentage.
(4) A motor vehicle dealer seeking to establish or modify its warranty reimbursement labor rate, parts markup, or both, not more frequently than once per 12-month period, shall submit to the warrantor one of the following:
a. A single set of repair orders for purposes of calculating both its labor rate and parts markup.
b. A set of repair orders for purposes of calculating only its labor rate or for purposes of calculating only its parts markup.
(5) In calculating the rate customarily charged by the dealer for parts and labor for purposes of this subsection, the following shall not be included in the calculation of the rate:
a. Repairs that are the subject of manufacturer or distributor discounts, such as special events, specials, promotions, coupons, or service campaigns.
b. Repairs of motor vehicles owned by the dealer.
c. Routine maintenance, including, but not limited to, replacements of fluids, filters, batteries, bulbs, belts, nuts, bolts, or fasteners, unless provided in the course of, and related to, an otherwise qualified repair.
d. Installations of accessories.
e. Replacements of or work on tires, wheels, including alignments, wheel or tire rotations, or replacements of brake drums, rotors, shoes, or pads.
f. Vehicle reconditioning.
g. Safety or emission inspections required by law.
h. Repairs for which volume discounts have been negotiated with government agencies.
i. Body shop repairs, including repairs covered by insurance, for conditions caused by collision, road hazard, the force of the elements, vandalism, theft, or the negligence or deliberate act of the owner, operator, or a third party.
j. Parts that do not have individual part numbers.
k. Warrantor approved and reimbursed goodwill repairs or reimbursements.
l. Window replacement, window etching, window tint, protective film, or other masking products.
(6) a. The submitted parts markup or labor rate shall go into effect 45 days after the warrantor's receipt of its submission, unless, within that period, the warrantor reasonably substantiates that the submission is materially incomplete, materially inaccurate, or is materially unreasonable and provides a full explanation of any reasons that the submitted markup or rate is materially incomplete, materially inaccurate, or materially unreasonable, evidence validating each reason, a copy of all calculations used by the warrantor demonstrating any material inaccuracy, and a proposed adjusted markup or rate provided that the dealer's submission is materially accurate based upon the qualified repair orders submitted by the dealer. In that event, the warrantor may submit only one rebuttal to the dealer, and may not thereafter add to, expand, supplement, or otherwise modify any element thereof, including, but not limited to, the warrantor's grounds for contesting the parts markup or labor rate, unless the warrantor did not possess the information at the time of its rebuttal, or if the information is used for the purpose of rebutting the dealer's response to the warrantor's rebuttal.
b. If a warrantor determines from any set of repair orders submitted under this subsection that the labor rate or parts markup calculated under this subsection is substantially higher or lower than the rate currently on record with the warrantor for labor or parts, or both, the warrantor, in accordance with this subsection, may request additional repair orders for a period of 60 days prior to or 60 days subsequent to the time period for which the repair orders were submitted for purposes of an alteration, and shall have 45 days from receiving the additional repair orders to rebut the presumption that the dealer's proposed markup and labor rates are reasonable.
(7) If the dealer and the warrantor do not agree on the parts markup or labor rate, the dealer may file an action in a court having jurisdiction in this state within 120 days of receiving the warrantor's written rejection of the dealer's proposed parts markup or labor rate. In that action, the warrantor shall have the burden of proving by a preponderance of the evidence that the dealer's submitted parts markup or labor rate, or both, was materially incomplete, materially inaccurate, or materially unreasonable. Upon a court decision in favor of the dealer finding that the labor or parts rate shall be more than proposed by the warrantor, any increase in the dealer's parts markup or labor rate arising from the proceeding shall be effective retroactively to the date 45 days following the warrantor's receipt of the original submission to the dealer or to the warrantor.
(8) In the determination of what constitutes materially unreasonable compensation under this section, relevant factors include, but are not limited to, the prevailing wage rates paid by similarly situated dealers in the state.
(Acts 1981, No. 81-390, p. 596, §7; Acts 1991, No. 91-212, p. 398, §1; Act 2000-267, p. 415, §1; Act 2010-198, p. 300, §1; Act 2022-104, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-7-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-7.1 - Compensation of Dealers for Recall Repairs.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-7.1 - Compensation of Dealers for Recall Repairs.
|
Section 8-20-7.1
Compensation of dealers for recall repairs.
(a) For the purposes of this section, the following words have the following meanings:
(1) MANUFACTURER. A manufacturer, distributor or wholesaler, factory branch, or distributor branch.
(2) STOP-SALE ORDER. A notification issued by a manufacturer to its franchised new motor vehicle dealers stating that certain used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles of the same line-make within 30 days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a Stop-Sale or Do-Not-Drive order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one percent of the value of the vehicle per month beginning on the date that is 30 days after the date on which the Stop-Sale or Do-Not-Drive order was provided to the dealer until the earlier of either of the following:
(1) The date the recall or remedy parts are made available.
(2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle.
(c) The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent third party guide for the year, make, and model of the recalled vehicle.
(d) This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a Stop-Sale or Do-Not-Drive order has been issued and repair parts or remedy remain unavailable for 30 days or longer. This section further shall apply only to new motor vehicle dealers holding an affected used vehicle for sale:
(1) In inventory at the time the Stop-Sale or Do-Not-Drive order was issued; or
(2) Which was taken in the used vehicle inventory of the dealer as a consumer trade-in incident to the purchase of a new vehicle from the dealer after the Stop-Sale or Do-Not-Drive order was issued; and
(3) That is a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs.
(e) Subject to the audit provisions of subsection (d) of Section 8-20-7, it shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to an individual new motor vehicle dealer, whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program solely because the new motor vehicle dealer has submitted a claim for reimbursement under this section. This subsection shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line-make in the state.
(f) All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a Stop-Sale or Do-Not-Drive order, shall be subject to the same limitations and requirements as a warranty reimbursement claim made under subsection (d) of Section 8-20-7. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program, provided the compensation under the program is equal to or greater than that provided under subsection (b) or as the manufacturer and dealer otherwise agree.
(g) A manufacturer may direct the manner and method in which a dealer must demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this section, provided that the manner and method may not be unduly burdensome and may not require information that is unduly burdensome to provide.
(h) Nothing in this section shall require a manufacturer to provide total compensation to a dealer which would exceed the total average trade-in value of the affected used motor vehicle as originally determined under subsection (c).
(i) Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.
(Act 2017-148, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-8 - Warranty Obligations of Manufacturers and Dealers to Consumers.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-8 - Warranty Obligations of Manufacturers and Dealers to Consumers.
|
Section 8-20-8
Warranty obligations of manufacturers and dealers to consumers.
Every manufacturer and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning the sale of a new motor vehicle to the public of the line make which is the subject of a contract or franchise agreement between the parties. If it is determined by a court of competent jurisdiction that either the manufacturer or new motor vehicle dealer, or both, have violated an express or implied warranty, the court shall add to any award or relief granted an additional award for reasonable attorney's fees.
(Acts 1981, No. 81-390, p. 596, §8.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-9 - Transportation Damages.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-9 - Transportation Damages.
|
Section 8-20-9
Transportation damages.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and before delivery to the ultimate purchaser.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer to a new motor vehicle dealer, the manufacturer shall notify in writing the new motor vehicle dealer of all damage and repairs made to such vehicle which is known to the manufacturer.
(Acts 1981, No. 81-390, p. 596, §9; Acts 1991, No. 91-212, p. 398, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-10 - Dealer's Right of Free Association With Other Dealers.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-10 - Dealer's Right of Free Association With Other Dealers.
|
Section 8-20-10
Dealer's right of free association with other dealers.
Every motor vehicle dealer shall have the right of free association with other motor vehicle dealers for any lawful purpose.
(Acts 1981, No. 81-390, p. 596, §10.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-11 - Remedies.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-11 - Remedies.
|
Section 8-20-11
Remedies.
Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.
(Acts 1981, No. 81-390, p. 596, §11.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-12 - Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-12 - Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action.
|
Section 8-20-12
Time limitation on bringing of civil actions; time of accrual of cause of action.
Except as otherwise provided in paragraph l. of subdivision (3) of Section 8-20-4, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of the provisions of this chapter.
(Acts 1981, No. 81-390, p. 596, §12.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-13/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-13 - Procedure, Protection, and Remedies Available to Motor Vehicle Distributors.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-13 - Procedure, Protection, and Remedies Available to Motor Vehicle Distributors.
|
Section 8-20-13
Procedure, protection, and remedies available to motor vehicle distributors.
All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections 8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer or an importer.
(Acts 1991, No. 91-567, p. 1048, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20/section-8-20-14/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers.›Section 8-20-14 - Applicability of Chapter.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-14 - Applicability of Chapter.
|
Section 8-20-14
Applicability of chapter.
This chapter shall apply to all franchise or dealer agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements, amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act 2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice of law clause in any franchise or dealer agreement, waiver, or other written instrument. These provisions shall apply to all written agreements between a manufacturer and dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and other agreements between a dealer and a manufacturer.
(Act 2010-198, p. 300, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-1 - Definitions.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-1 - Definitions.
|
Section 8-20A-1
Definitions.
As used in this chapter, the following terms shall have the respective meanings as indicated:
(1) CONSUMER. The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(2) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.
(3) MANUFACTURER. The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.
(5) EXPRESS WARRANTY. A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(6) NONCONFORMING CONDITION. Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.
(7) NOTICE OF A NONCONFORMING CONDITION. A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.
(8) LEMON LAW RIGHTS PERIOD. The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.
(Acts 1990, No. 90-479, p. 701, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-2 - Obligations of Manufacturer.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-2 - Obligations of Manufacturer.
|
Section 8-20A-2
Obligations of manufacturer.
(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.
(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;
(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and
(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.
(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
(Acts 1990, No. 90-479, p. 701, §2.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-3 - Cause of Action Against Manufacturer.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-3 - Cause of Action Against Manufacturer.
|
Section 8-20A-3
Cause of action against manufacturer.
(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.
(Acts 1990, No. 90-479, p. 701, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-4 - Resale of Returned Motor Vehicle.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-4 - Resale of Returned Motor Vehicle.
|
Section 8-20A-4
Resale of returned motor vehicle.
If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.
(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
(Acts 1990, No. 90-479, p. 701, §4.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-5 - No Dealership Liability.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-5 - No Dealership Liability.
|
Section 8-20A-5
No dealership liability.
Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
(Acts 1990, No. 90-479, p. 701, §5.)
|
https://law.justia.com/codes/alabama/title-8/chapter-20a/section-8-20a-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 20A - Motor Vehicle Lemon Law Rights.›Section 8-20A-6 - Statute of Limitations.
|
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20A - Motor Vehicle Lemon Law Rights. › Section 8-20A-6 - Statute of Limitations.
|
Section 8-20A-6
Statute of limitations.
Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
(Acts 1990, No. 90-479, p. 701, §6.)
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.