Ala. Code § 8-17-6 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-6
Section 8-17-6 Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirements
Status: in_force

(a) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to adopt and promulgate by rule or regulation the minimum standards and specifications for brake fluid. Such standards and specifications as adopted under this section shall not be below the minimum standards and specifications established by the Society of Automotive Engineers for heavy-duty type brake fluids No. 70-R-1.

(b) Brake fluid shall not be registered for sale or distribution unless such product meets the standards and other requirements adopted under this section.

(c) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is also authorized to promulgate and adopt reasonable rules and regulations necessary to carry out the evident intent and purpose of this article.
Ala. Code § 8-26B-57 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-57
Section 8-26B-57 Inducements Prohibited to Attend, Enroll, Etc., in Specific Postsecondary Educational Institution
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-17-45 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-45
Section 8-17-45 Penalty for Violation of Article
Status: in_force

Any person violating any provision of this article or the standards established hereunder shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
Ala. Code § 8-9B-1 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-1
Section 8-9B-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Voidable Transactions Act.
Ala. Code § 8-21B-5 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-5
Section 8-21B-5 Amendment, Termination, Etc., of Dealer Agreement - Notice
Status: in_force

(a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days’ prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, or nonrenewal.

(b) Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition or conditions which may be rectified by action of the dealer, the dealer shall have 90 days from the date of notice from the supplier in which to take such action and, within such 90-day period, shall give written notice to the supplier if and when such action is taken. If the condition or conditions have been rectified by the dealer, then the proposed amendment, termination, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the dealer has not rectified one or more of such conditions, the supplier must give written notice of such claimed deficiency to the dealer within 15 days after the dealer gave notice to the supplier of the action taken.

(c) During the 120-day notice period provided for in subsection (a), the dealer shall have the right to contract for a transfer of the dealership business or dealer agreement to another person who meets the material and reasonable qualifications and standards required by the supplier for its dealers. The dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120-day notice period.

(d) A dealer agreement may be immediately terminated, amended, or nonrenewed and no notice shall be required if the reason for the amendment, termination, or nonrenewal is any of the following:

(1) The bankruptcy or receivership of the dealer.

(2) An assignment by the dealer for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a dealer for the purpose of securing financing in the ordinary course of business.

(3) Willful or intentional misrepresentation made by the dealer to the supplier with the express intent to defraud the supplier.

(4) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the dealer’s reasonable control.

(5) A final conviction of the dealer principal of a felony.
Ala. Code § 8-29-7 — Alabama Code / Title 8 / Chapter 29 / Section 8-29-7
Section 8-29-7 Exemptions from Chapter
Status: in_force

This chapter does not apply to the following:

(1) Residential homebuilders.

(2) Improvements to real property intended for residential purposes which consist of 16 or fewer residential units.

(3) Contracts, subcontracts, or sub-subcontracts in the amount of ten thousand dollars ($10,000) or less.

(4) Contracts with the state or local governments of the State of Alabama.
Ala. Code § 8-17-84 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-84
Section 8-17-84 Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keeping of Records
Status: in_force

(a) Each person required to be licensed under Section 40-17-332(a), (b), or (f) for gasoline, or permitted under Section 8-17-96 for dyed diesel fuel, dyed kerosene, or lubricating oil, and each bulk user and retailer shall keep and maintain all records pertaining to the petroleum products received, produced, manufactured, refined, compounded, used, sold, imported, or delivered, together with delivery tickets, invoices, bills of lading, and other pertinent records and papers required by the Department of Revenue for the reasonable administration of this article, for a period of no less than three years.

(b) All such records shall be preserved for a period of three years and shall at all times during the business hours of the day be subject to inspection by the Revenue Commissioner or his or her agents or representatives.

(c) The Revenue Commissioner may prescribe regulations respecting the keeping of the records required in this section and the forms thereof.
Ala. Code § 8-38-10 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-10
Section 8-38-10 Disposal of Records Containing Sensitive Personally Identifying Information
Status: in_force

A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any reasonable means consistent with industry standards.
Ala. Code § 8-33-4 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-4
Section 8-33-4 Registration Requirements
Status: in_force

(a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the commissioner.

(b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:

(1) The warrantor’s name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number.

(2) The name and address of the warrantor’s agent for service of process in the state if other than the warrantor.

(3) The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s vehicle protection product business.

(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.

(5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section 8-33-5.

(6) A copy of each warranty the warrantor proposes to use in this state.

(7) A statement indicating under which provision of Section 8-33-5 the warrantor qualifies to do business in this state as a warrantor.

(c) The commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed two hundred fifty dollars ($250) annually. The information in subdivisions (1) and (2) of subsection (b) shall be made available to the public.

(d) If a registrant fails to register by the renewal deadline, the commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.

(e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
Ala. Code § 8-1-229 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-229
Section 8-1-229 Remedies
Status: in_force

Upon a finding of whether there has been a breach of a contract governed by this article, the court may order and award any of the following:

(1) Injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach.

(2) The actual damages recoverable under existing law that are suffered as a result of the breach of contract.

(3) Liquidated damages, but only if provided for in the covered contract.

(4) Reasonable attorney’s fees and costs, but only if provided for in the covered contract.
Ala. Code § 8-43-4 — Alabama Code / Title 8 / Chapter 43 / Section 8-43-4
Section 8-43-4 Confidentiality of Consumers’ Genetic Information
Status: in_force

(a) A contract between the genetic testing company and a contractor shall prohibit the contractor from using, retaining, or disclosing any biological sample, extracted genetic material, genetic data, or information identifying the consumer for any purpose other than performing the service specified in the contract.

(b) A contractor shall be subject to the same confidentiality obligation as the company, consistent with each express consent given or withheld by a consumer with respect to using, retaining, or disclosing the consumer’s biological sample, extracted genetic material, genetic data, or information identifying the consumer.
Ala. Code § 8-19F-2 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-2
Section 8-19F-2 Definitions
Status: in_force

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.
Ala. Code § 8-17-171 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-171
Section 8-17-171 Labeling Requirements Generally
Status: in_force

No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and place of business of the manufacturer thereof, in ordinary bold-faced capital letters not less than 60 points in size.
Ala. Code § 8-27-2 — Alabama Code / Title 8 / Chapter 27 / Section 8-27-2
Section 8-27-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) TRADE SECRET. A “trade secret” is information that:

a. Is used or intended for use in a trade or business;

b. Is included or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process;

c. Is not publicly known and is not generally known in the trade or business of the person asserting that it is a trade secret;

d. Cannot be readily ascertained or derived from publicly available information;

e. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and

f. Has significant economic value.

(2) IMPROPER MEANS. “Improper means” are means such as:

a. Theft;

b. Bribery;

c. Misrepresentation;

d. Inducement of a breach of confidence;

e. Trespass; or

f. Other deliberate acts taken for the specific purpose of gaining access to the information of another by means such as electronic, photographic, telescopic or other aids to enhance normal human perception, where the trade secret owner reasonably should be able to expect privacy.

(3) PERSON. A “person” is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
Ala. Code § 8-19I-3 — Alabama Code / Title 8 / Chapter 19I / Section 8-19I-3
Section 8-19I-3 Memorialization of Payment Terms; Disclosure
Status: in_force

A person seeking to receive compensation for advising or assisting any individual with any veterans benefits matter, before rendering any services, shall do both of the following:

(1) Memorialize all terms regarding the individual’s payment of fees for services rendered in a written agreement, signed by both parties.

(2)a. Provide the following disclosure, both orally and in writing:

“This business is not sponsored by, or affiliated with, the United States Department of Veterans Affairs or the Alabama Department of Veterans Affairs, or any other federally chartered veterans service organization. Other organizations, including, but not limited to, the Alabama Department of Veterans Affairs, your local county veterans service agency, and other federally chartered veterans service organizations, may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans benefits beyond the benefits for which you are receiving services here.”

b. The written disclosure shall appear in at least 12-point font and shall appear in a readily noticeable and identifiable place in the person’s agreement with the individual seeking services.

c. The individual must verbally acknowledge understanding of the oral disclosure and must sign the document in which the written disclosure appears.

d. The person offering services shall retain a copy of the written disclosure while providing veterans benefits services for compensation to the individual and for at least one year after the date on which the service relationship terminates.
Ala. Code § 8-19E-1 — Alabama Code / Title 8 / Chapter 19E / Section 8-19E-1
Section 8-19E-1 Purchase Price Printed on Face of Ticket
Status: in_force

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.
Ala. Code § 8-41-1 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-1
Section 8-41-1 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) CONSUMER PRODUCT. Any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes, including, but not limited to, any property intended to be attached to or installed in any real property without regard to whether it is attached or installed.

(2) HIGH-VOLUME THIRD-PARTY SELLER. A participant in an online marketplace that is a third-party seller and, in any continuous 12-month period during the previous 24 months, that has entered into 200 or more discrete sales or transactions of new or unused consumer products of an aggregate total of five thousand dollars ($5,000) or more in gross revenue in this state made through the online marketplace and for which payment was processed by the online marketplace or through a third party.

(3) ONLINE MARKETPLACE. Any person or entity that operates a consumer-directed electronically based or accessed platform that does all of the following:

a. Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product within this state.

b. Is used by one or more third-party sellers.

c. Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.

(4) SELLER. A person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform.

(5) THIRD-PARTY SELLER. Any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. The term does not include, with respect to an online marketplace, any of the following:

a. A seller that operates the online marketplace’s platform.

b. A business entity that has all of the following:

1. Made available to the general public the entity’s name, business address, and working contact information.

2. An ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.

3. Provided to the online marketplace the identity information required under Section 8-41-2(a) that has been verified in accordance with Section 8-41-2(d).

(6) VERIFY. To confirm information and documents provided to an online marketplace, pursuant to this chapter, through the use of one or more methods that enable an online marketplace to reliably determine that any information and documents provided are valid, correspond to the seller or an individual acting on the seller’s behalf, are not misappropriated, and are not falsified.
Ala. Code § 8-23-6 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-6
Section 8-23-6 Applicability of Chapter
Status: in_force

The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts.
Ala. Code § 8-1-127 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-127
Section 8-1-127 Futures Contracts Made in Another State
Status: in_force

If any person shall consent while in this state to become a party to any futures contract contrary to Section 8-1-126, made in another state, or if any person shall become, as agent of any person or corporation, a party to any such contract made in another state or in this state do any act or in any way aid in the making or furthering such contract so made in another state, he shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $50 nor more than $200 and may be sentenced to hard labor for not less than one month nor more than six months.
Ala. Code § 8-16-101 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-101
Section 8-16-101 Fruit, Nuts, Vegetables and Grain to Be Sold by Avoirdupois Weight or Numerical Count
Status: in_force

(a) Except as otherwise provided in this article or when sold in the original standard container, all fruit, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count.

(b) The words “original standard container,” as used in this section, shall mean and include only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which are established by regulations of the State Board of Agriculture and Industries, the contents of which have not been removed or repacked by the retailer and upon which is plainly and conspicuously marked the net quantity of the contents thereof in terms of weight, measure or numerical count.

(c) This section shall not apply to the sale by the bunch of fresh beets, onions, turnips, carrots and other similar vegetables usually and customarily sold by the bunch.
Ala. Code § 8-7A-5 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-5
Section 8-7A-5 License Required
Status: in_force

(a) A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission unless the person meets one of the following requirements:

(1) Is licensed under this chapter.

(2) Is an authorized delegate of a person licensed under this chapter.

(b) A license under this chapter is not transferable or assignable.

(c) Persons licensed and in good standing pursuant to Chapter 7 of this title, on August 1, 2017, shall retain the license issued pursuant to that chapter without interruption until their next licensing renewal date.
Ala. Code § 8-9A-10 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-10
Section 8-9A-10 Supplementary Provisions
Status: in_force

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
Ala. Code § 8-19C-6 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-6
Section 8-19C-6 Violations
Status: in_force

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.
Ala. Code § 8-1-2 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-2
Section 8-1-2 Written Contract Not Expressing Parties’ Intent May Be Revised
Status: in_force

When, through fraud, a mutual mistake of the parties or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, so far as it can be done without prejudice to the rights acquired by third persons in good faith and for value.
Ala. Code § 8-7A-7 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-7
Section 8-7A-7 Security
Status: in_force

(a) A licensee shall maintain a surety bond, letter of credit, or other similar security in an amount, determined by rule or order of the commission, sufficient to secure faithful performance of the obligations of the licensee with respect to money transmission in Alabama.

(b) Security must be in a form satisfactory to the commission and payable to the commission for the benefit of any claimant against the licensee.

(c) A claimant against a licensee may maintain an action on the bond, or the commission may maintain an action on behalf of the claimant.

(d) A surety bond must cover claims for a minimum of five years after the licensee ceases to provide money transmission services in this state. The surety bond may be reduced or eliminated, at the discretion of the commission, to the extent the amount of the licensee’s outstanding payment instruments and stored-value obligations are less than the surety bond coverage.

(e) The commission has discretion to accept other forms of security in lieu of the bond.

(f) In no event shall the bond be set at an amount less than one hundred thousand dollars ($100,000), or the average daily outstanding obligations for money received for transmission in Alabama plus 50 percent of the average daily outstanding payment instrument and stored value obligations in Alabama, whichever is greater.

(g) The commission may increase the amount of security required to a maximum of five million dollars ($5,000,000) if the financial condition of a licensee so requires, as evidenced by reduction of net worth, financial losses, or other relevant criteria.
Ala. Code § 8-3-6 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-6
Section 8-3-6 Suretyship May Be Proved by Parol
Status: in_force

If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after the judgment.
Ala. Code § 8-13-9 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-9
Section 8-13-9 License - When Probate Judge to Issue License
Status: in_force

A license shall be issued to an applicant when the probate judge to whom the application for a going out of business sale or distress merchandise sale is made is satisfied after investigation and public hearing that:

(1) The applicant intends to discontinue his business at the location designated in the application on the date specified therein if such sale is a going out of business sale;

(2) The applicant’s inventory, on hand and on order, is not out of proportion to the stock normally carried by such applicant;

(3) The applicant has not purchased or otherwise acquired goods, wares, or merchandise for the purpose of conducting a going out of business sale or distress merchandise sale;

(4) The goods, wares, or merchandise to be offered for sale are those of a bona fide merchant of the State of Alabama;

(5) No misrepresentation of the goods to be sold has been made or will be practiced; and

(6) The applicant has complied with the provisions of this chapter in all other respects not specifically set forth in this section.
Ala. Code § 8-26A-3 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-3
Section 8-26A-3 Administration; Service of Process; Subpoenas
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-9-4 — Alabama Code / Title 8 / Chapter 9 / Section 8-9-4
Section 8-9-4 Sufficiency of Note of Contract - Return or Report of Officer Making Judicial Sale
Status: in_force

When lands, tenements, or hereditaments are sold at judicial sale, the return or report of the officer making the sale, showing the names of the parties to the action or proceeding, a description of the property, the price at which it was sold, and the name of the purchaser is a note of the contract within the meaning of Section 8-9-2.
Ala. Code § 8-20-11 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-11
Section 8-20-11 Remedies
Status: in_force

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.
Ala. Code § 8-26A-10 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-10
Section 8-26A-10 Required Form of Contract
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-19J-4 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-4
Section 8-19J-4
Status: in_force

An app store provider shall do both of the following after receiving notice of a significant change from a developer:

(1) Notify the user of the significant change.

(2) For a minor account, do both of the following:

a. Notify the holder of the affiliated parent account.

b. Obtain renewed verifiable parental consent before providing access to the significantly changed version of the app.
Ala. Code § 8-7-12 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-12
Section 8-7-12 Procedure for Denial or Revocation of License; Judicial Review
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-19F-9 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-9
Section 8-19F-9 Exclusion from Lottery or Gift Enterprise Provisions
Status: in_force

A fantasy contest offered pursuant to this chapter does not constitute a lottery or gift enterprise pursuant to Section 65 of the Constitution of Alabama of 2022.
Ala. Code § 8-26A-15 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-15
Section 8-26A-15 Criminal Penalties
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-17-272 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-272
Section 8-17-272 Testing and Certification of Cigarettes
Status: in_force

(a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with Section 8-17-273, and the cigarettes have been marked in accordance with Section 8-17-274.

(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes.

(2) Testing shall be conducted on 10 layers of filter paper.

(3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this section shall only be applied to a complete test trial.

(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the State Fire Marshal.

(6) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.

(7) This section does not require additional testing if cigarettes are tested consistent with this article for any other purpose.

(8) Testing performed or sponsored by the State Fire Marshal to determine a cigarette’s compliance with the performance standard required shall be conducted in accordance with this section.

(b) Each cigarette listed in a certification submitted pursuant to Section 8-17-273 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.

(c) A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in subdivision (1) of subsection (a) shall propose a test method and performance standard for the cigarette to the State Fire Marshal. Upon approval of the proposed test method and a determination by the State Fire Marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subdivision (3) of subsection (a), the manufacturer may employ the test method and performance standard to certify the cigarette pursuant to Section 8-17-273. If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this article, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that state’s law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this article. All other applicable requirements of this section shall apply to the manufacturer.

(d) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the 60th day that the manufacturer does not make the copies available.

(e) The State Fire Marshal may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in subdivision (3) of subsection (a).

(f) The State Fire Marshal shall review the effectiveness of this section and report every three years to the Legislature the State Fire Marshal’s findings and, if appropriate, recommendations for legislation to improve the effectiveness of this article. The report and legislative recommendations shall be submitted no later than June 30th following the conclusion of each three-year period.

(g) The requirements of subsection (a) shall not prohibit any of the following:

(1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2010, and the wholesale or retail dealer can establish that the inventory was purchased prior to January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year.

(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term consumer testing shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment.

(h) This article shall be so interpreted and construed as to effectuate its general purpose to make uniform this article with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010.
Ala. Code § 8-24-3 — Alabama Code / Title 8 / Chapter 24 / Section 8-24-3
Section 8-24-3 Failure to Pay Commission
Status: in_force

A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney’s fees and court costs.
Ala. Code § 8-1A-1 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-1
Section 8-1A-1 Short Title
Status: in_force

This chapter may be cited as the Uniform Electronic Transactions Act.
Ala. Code § 8-7B-12 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-12
Section 8-7B-12
Status: in_force

The commission may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person’s authorized representative, and must indicate agreement with the terms contained in the order.
Ala. Code § 8-6-150 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-150
Section 8-6-150 Short Title; Construction
Status: in_force

(a) This article shall be known as and may be cited as the Uniform TOD Security Registration Act.

(b) This article shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this article among states enacting it.

(c) Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions.
Ala. Code § 8-26-1.1 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-1.1
Section 8-26-1.1 Legislative Findings
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19C-11 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-11
Section 8-19C-11 Remedies Not Exclusive
Status: in_force

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.
Ala. Code § 8-19C-12 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-12
Section 8-19C-12 Liability
Status: in_force

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.
Ala. Code § 8-19F-7 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-7
Section 8-19F-7 Rulemaking Authority
Status: in_force

The Office of the Attorney General may adopt rules to implement and administer this chapter.
Ala. Code § 8-7A-27 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-27
Section 8-7A-27 Interpretive Opinions by the Commission
Status: in_force

(a) The commission may issue interpretative opinions and no-action letters upon request from interested persons. Such opinions or no-action letters shall be limited in scope and may not be requested to provide legal advice to any person. No opinion or no-action letter shall be issued on a hypothetical basis.

(b) Any person who makes application to the commission for an interpretative opinion or no-action letter shall be assessed a nonrefundable filing fee of five hundred dollars ($500) upon application for such opinion or no-action letter.
Ala. Code § 8-26-7 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-7
Section 8-26-7 Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for Hearing; Hearing Procedure; Determination of Commission; Appeals; Effective Date of Orders and Judgments
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-22-9 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-9
Section 8-22-9 Unlawful Acts Generally
Status: in_force

It shall be unlawful under this section:

(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.

(2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel.

(3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter.
Ala. Code § 8-17-135 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-135
Section 8-17-135 Selling, Etc., Product Other Than That Indicated
Status: in_force

It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device or equipment any liquid motor fuel, lubricating oil, grease or other similar petroleum products other than those indicated by the brand, name, trademark, trade name, symbol, or sign of the manufacturer or distributor appearing upon the tank, pump, container, or other distributing equipment from which the same are sold, offered for sale or distributed.
Ala. Code § 8-1A-9 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-9
Section 8-1A-9 Attribution and Effect of Electronic Record and Electronic Signature
Status: in_force

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
Ala. Code § 8-26-22 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-22
Section 8-26-22 Contracts - Approved Form and Content; Agent to Register Presence on Campus, Etc.; Notice of Negotiations, Etc.; Contract Requirements; Rescission; Penalties
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-1-100 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-100
Section 8-1-100 Consideration for Bidding or Not Bidding at Public Sale Prohibited
Status: in_force

No person shall receive, directly or indirectly, any money or thing of value in consideration of bidding or not bidding at any public sale within this state.
Ala. Code § 8-15-34 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-34
Section 8-15-34 Satisfaction of Owner’s Lien
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-6-54 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-54
Section 8-6-54 Compensation of Members
Status: in_force

(a) Each appointed member of the Securities Commission shall be paid $50 per day, for a period not to exceed a total of 60 days in any one calendar year, while engaged in the performance of his duties, and shall receive mileage and per diem as provided by Article 2 of Chapter 7 of Title 36.

(b) Ex officio members shall not be entitled to any extra compensation for performing their duties under this chapter.
Ala. Code § 8-21A-2 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-2
Section 8-21A-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the ascribed meanings unless the context indicates a different meaning:

(1) CONTINUING COMMERCIAL RELATIONSHIP. Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manufactured by the supplier.

(2) COST or NET COST. The actual price paid by the dealer to the manufacturer, distributor, or wholesaler, plus freight costs paid by or charged to the dealer.

(3) CURRENT NET PRICE. The dealer’s price as listed in the supplier’s effective price list and/or catalog.

(4) DEALER CONTRACT, DEALER AGREEMENT, or FRANCHISE. An agreement or contract, expressed or implied, oral or written, by and between a supplier and a dealer by which the dealer is granted the right to purchase, sell, distribute, and/or service the supplier’s equipment, and in which there is a community of interest in the marketing of farm tractors, lawn and garden equipment, light industrial equipment, or services related thereto.

(5) EQUIPMENT. Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes.

(6) EQUIPMENT DEALER, TRACTOR DEALER, DEALER, LIGHT INDUSTRIAL DEALER, DEALERSHIP, EQUIPMENT DEALERSHIP. Any person, partnership, corporation, association, or other business entity engaged primarily in the business of selling, retailing, and/or leasing and servicing farm tractors, machines, implements, lawn and garden tractors and equipment, and light industrial tractors and equipment, along with attachments and related repair parts. This includes lawn and garden dealers or light industrial dealers that are not primarily engaged in the farm equipment business. This does not include persons or companies primarily engaged in the sales of heavy duty industrial tractors and equipment used in road construction or maintenance, or forestry equipment. This does not include persons primarily engaged in the auction sale of tractors and farm equipment and light industrial equipment nor dealers in exclusively used tractors, farm equipment, and light industrial equipment.

(7) GOOD CAUSE. Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers.

(8) INVENTORY. Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer.

(9) MANUFACTURER, DISTRIBUTOR, or WHOLESALER. Any person, company, or corporation who sells or distributes new tractors, lawn and garden equipment, and light industrial equipment to dealers or any branch or division, or any officer, agent, or representative thereof.

(10) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise.

(11) SUPPLIER. The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer.

(12) TERMINATION. The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement.

(13) WRITTEN NOTICE. In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by “electronic mail” or its equivalent.
Ala. Code § 8-16-120 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-120
Section 8-16-120 Registration Authorized; Purpose
Status: in_force

For the benefit of users, manufacturers and distributors of commercial weighing and measuring devices used in selling commodities, things or service by weight or measure, the Commissioner of Agriculture and Industries is empowered to register certain persons skilled in repairing, servicing or installing said devices. Service persons or scale mechanics that become registered may remove condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, for the purpose of repair. The removal of condemnation tags by registered service persons or scale mechanics for the specific purpose of repairing devices shall not constitute a violation of Section 8-16-90, but the removal of said tags by registered service persons or scale mechanics for purposes other than repair shall constitute a violation of Section 8-16-90.
Ala. Code § 8-9-2 — Alabama Code / Title 8 / Chapter 9 / Section 8-9-2
Section 8-9-2 Certain Agreements Void Unless in Writing
Status: in_force

In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing:

(1) Every agreement which, by its terms, is not to be performed within one year from the making thereof;

(2) Every special promise by an executor or administrator to answer damages out of his own estate;

(3) Every special promise to answer for the debt, default or miscarriage of another;

(4) Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry;

(5) Every contract for the sale of lands, tenements or hereditaments, or of any interest therein, except leases for a term not longer than one year, unless the purchase money, or a portion thereof is paid and the purchaser is put in possession of the land by the seller;

(6) Every agreement, contract or promise to make a will or to devise or bequeath any real or personal property or right, title or interest therein;

(7) Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except for consumer loans with a principal amount financed less than $25,000;

(8) Notwithstanding Section 7-8-113, every agreement for the sale or purchase of securities other than through the facilities of a national stock exchange or of the over-the-counter securities market.
Ala. Code § 8-26-23 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-23
Section 8-26-23 Contracts — Statement That Amateur Standing May Be Jeopardized
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-26-11 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-11
Section 8-26-11 Disclosure of Names and Addresses of Financially Interested Persons
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-9A-6 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-6
Section 8-9A-6 When Transfer Is Made
Status: in_force

For the purposes of this chapter:

(1) A transfer is made:

a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

b. With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in subdivision (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in subdivision (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4) Except with respect to personal property and fixtures where a lender has perfected its security interest in such property in which event paragraph (1)a shall apply, a transfer is not made until the debtor has acquired rights in the asset transferred.
Ala. Code § 8-16-54 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-54
Section 8-16-54 Seal
Status: in_force

(a) It shall be the duty of every weighmaster in this state to provide himself with a seal at his own expense which shall have inscribed on the outer margin thereof his name and the word “Alabama,” with the words “Public Weigher” inscribed in the center of such seal.

(b) Such seal shall be impressed upon each and every weight certificate issued by such weighmaster, and such seal, when applied to weight certificates, shall be a recognized authority of accuracy.
Ala. Code § 8-6-9 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-9
Section 8-6-9 Registration of Securities - Denial, Suspension and Revocation of Registration
Status: in_force

The Securities Commission shall issue an order denying effectiveness to, or suspending or revoking the effectiveness of, any registration statement in the sale of securities if it finds that the order is in the public interest and that:

(1) The registration statement, as of its effective date or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact.

(2) Any provision of this article or any rule, order, or condition lawfully imposed under this article has been willfully violated in connection with the offering by:

a. Any person filing the registration statement;

b. The issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or

c. Any underwriter.

(3) The issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the issuer, or any underwriter has:

a. Willfully violated or willfully failed to comply with any provision of this article or any rule or order under this article, or any predecessor act; or

b. Has been convicted of a felony or any misdemeanor involving moral turpitude, a security, or any aspect of the securities business.

(4) The security registered or sought to be registered is the subject of a permanent injunction or temporary restraining order of any court of competent jurisdiction entered under any other federal or state act applicable to the offering, but:

a. The commission may not institute a proceeding against an effective registration statement under this subdivision more than one year from the date of the injunction relied on; and

b. It may not enter an order under this subdivision on the basis of an injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this section.

(5) The issuer’s enterprise or method of business includes or would include activities which are illegal where performed.

(6) The offering has worked or tended to work a fraud upon purchasers or would so operate.

(7) The offering is being made on terms that are unfair, unjust, or inequitable.

(8) When a security is sought to be registered by notification, it is not eligible for such registration.

(9) When a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by subdivision (b) (6) of Section 8-6-6.

(10) The offering has been or would be made with unreasonable amounts of underwriters’ and sellers’ discounts, commissions or other compensation, promoters’ profits or participation, or unreasonable amounts or kinds of options.

(11) The applicant or registrant has failed to pay the proper registration fee, but the commission may enter only a denial order under this subdivision, and it shall vacate any such order when the deficiency has been corrected.
Ala. Code § 8-16-17 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-17
Section 8-16-17 Standards for Containers of Farm Products - Adoption of Federal Standards
Status: in_force

The State Board of Agriculture and Industries is authorized to fix and promulgate as the official standards for this state, for any container for any agricultural product, the standard for such product which may have been promulgated or announced therefor under the authority of the Congress of the United States. In carrying out the provisions of this section the Commissioner of Agriculture and Industries is authorized to cooperate with the United States government, or any department thereof, in accomplishing the matters and things referred to in this section.
Ala. Code § 8-1A-8 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-8
Section 8-1A-8 Provision of Information in Writing; Presentation of Records
Status: in_force

(a) Subject to subsection (e), if parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:

(1) The record shall be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subdivision (2) of subsection (d), the record shall be sent, communicated, or transmitted by the method specified in the other law.

(3) The record shall contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but both of the following apply:

(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement.

(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.

(e)(1) If a statute, regulation, or other rule of law requires that information relating to a transaction or transactions be provided or made available to a consumer in writing, the use of an electronic record to provide or make available, whichever is required, such information satisfies the requirement that such information be in writing if each of the following is met:

a. The consumer has affirmatively consented to such use and has not withdrawn such consent.

b. The consumer, prior to consenting, is provided with a clear and conspicuous statement that does all of the following:

1. Informs the consumer of both of the following:

(i) Any right or option of the consumer to have the record provided or made available on paper or in nonelectronic form.

(ii) The right of the consumer to withdraw the consent to have the record provided or made available in an electronic form and of any conditions, consequences (which may include termination of the parties’ relationship), or fees in the event of such withdrawal.

2. Informs the consumer of whether the consent applies:

(i) Only to the particular transaction which gave rise to the obligation to provide the record.

(ii) To identified categories of records that may be provided or made available during the course of the parties’ relationship.

3. Describes the procedures the consumer shall use to withdraw consent as provided in subparagraph 1. of paragraph b. of subdivision (1) of this subsection and to update information needed to contact the consumer electronically.

4. Informs the consumer:

(i) How, after the consent, the consumer, upon request, may obtain a paper copy of an electronic record.

(ii) Whether any fee will be charged for such copy.

c. If, with respect to the consumer, both of the following occur:

1. Prior to consenting, the consumer is provided with a statement of the hardware and software requirements for access to and retention of the electronic records.

2. The consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent.

d. After the consent of a consumer in accordance with paragraph a. of subdivision (1) of this subsection, if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record:

1. Provides the consumer with a statement of (i) the revised hardware and software requirements for access to and retention of the electronic records, and (ii) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph 1. of paragraph b. of subdivision (1) of this subsection.

2. Again complies with paragraph c. of subdivision (1) of this subsection.

(2) a. Nothing in this chapter affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, regulation, or other rule of law.

b. If a law that was enacted prior to this chapter expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt, whichever is required.

(3) The legal effectiveness, validity, or enforceability of any contract executed by a consumer shall not be denied solely because of the failure to obtain electronic consent or confirmation of consent by that consumer in accordance with subparagraph 2. of paragraph c. of subdivision (1) of this subsection.

(4) Withdrawal of consent by a consumer shall not affect the legal effectiveness, validity, or enforceability of electronic records provided or made available to that consumer in accordance with subdivision (1) prior to implementation of the consumer’s withdrawal of consent. A consumer’s withdrawal of consent shall be effective within a reasonable period of time after receipt of the withdrawal by the provider of the record. Failure to comply with paragraph d. of subdivision (1) of this subsection may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this subdivision.

(5) This subsection does not apply to any records that are provided or made available to a consumer who has consented prior to January 1, 2002, to receive such records in electronic form as permitted by any statute, regulation, or other rule of law.

(6) An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this subsection except as otherwise provided under applicable law.
Ala. Code § 8-3-2 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-2
Section 8-3-2 Rights of Surety Who Has Paid Debt
Status: in_force

A surety who has paid his principal’s debt is entitled to a transfer of the original and collateral security which the creditor holds; he has all the rights to realize thereon and to reimburse himself to the same extent as the creditor might have done before the surety paid him, whether paid before or after judgment; and he shall be substituted for the creditor and subrogated to all his rights and remedies; in effect, he shall be a purchaser of the debt and all its incidents.
Ala. Code § 8-27-6 — Alabama Code / Title 8 / Chapter 27 / Section 8-27-6
Section 8-27-6 Effect on Other Law
Status: in_force

Those provisions of this chapter that are inconsistent with the common law of trade secrets supersede the common law; otherwise, this chapter should be construed to be consistent with the common law of trade secrets.
Ala. Code § 8-38-11 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-11
Section 8-38-11 Exemptions - Federal
Status: in_force

An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following:

(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.

(2) Provides notice to affected individuals pursuant to those laws, rules, regulations, procedures, or guidance.

(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
Ala. Code § 8-12-14 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-14
Section 8-12-14 Classification of Goods, Services and Businesses
Status: in_force

(a) The following general classes of goods, services, and business are established for convenience of administration of this article, but not to limit or extend the applicant’s or registrant’s rights , and a single application for registration of a mark may include any or all goods upon which, or services or business with which, the mark is actually being used indicating the appropriate class or classes of goods, services, or business. When a single application includes goods, services, or business which fall within multiple classes, the Secretary of State may require payment of a fee for each class.

(b) The classification of goods and services shall be the classification of goods and services adopted by the United States Patent and Trademark Office, as amended from time to time, except that nothing in this subsection shall prevent the registration of a trade name.

(c) The classification of businesses is as follows:

(1) Agriculture, forestry, and fisheries.

(2) Mining.

(3) Construction.

(4) Manufacturing, nondurable goods.

(5) Manufacturing, durable goods.

(6) Transportation, communications, and other public utilities.

(7) Wholesale trade, nondurable goods.

(8) Wholesale trade, durable goods.

(9) Retail trade - lumber and building materials, hardware, nurseries and garden stores, and mobile home dealers.

(10) Retail trade - department, variety, miscellaneous general merchandise, grocery, dairy products, retail bakery, and food stores.

(11) Retail trade - motor vehicle dealers, auto and home supply stores, gasoline service stations, and miscellaneous vehicle dealers.

(12) Retail trade - apparel, accessory, and shoe stores.

(13) Retail trade - furniture, home furnishings, household appliances, T.V. and radio stores.

(14) Retail trade - eating and drinking places, drugstores, and liquor stores.

(15) Retail trade - sporting goods, bicycles, and hobby stores.

(16) Retail trade - book, stationery, jewelry, sewing, needlework, and piece-goods stores.

(17) Retail trade - mail-order houses, vending machine operators, and direct selling establishments, fuel and ice dealers, and retail florists.

(18) Retail trade - miscellaneous.

(19) Finance, insurance, and real estate.

(20) Business and repair services.

(21) Personal services.

(22) Entertainment and recreation services.

(23) Professional and related services.

(24) Public administration.

(25) Miscellaneous.
Ala. Code § 8-6-179 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-179
Section 8-6-179 Rulemaking Authority
Status: in_force

The commission, from time to time, may make, amend, and rescind such rules pursuant to the Alabama Administrative Procedure Act and prescribe such forms as are necessary and desirable to carry out the provisions of this article. No rules or forms may be made or prescribed unless the commission finds that the action is necessary or appropriate in the public interest or for the protection of vulnerable adults and those protected under the article and consistent with the purposes fairly intended by the policy and provisions of this article. In prescribing rules and forms, the commission may cooperate with the securities administrators and adult protective services agencies of the other states and the United States Securities and Exchange Commission and the Financial Industry Regulatory Authority with a view to effectuating the policy of this article to achieve general uniformity in the application of the article wherever practicable.
Ala. Code § 8-26B-50 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-50
Section 8-26B-50 Definitions
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-16-121 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-121
Section 8-16-121 Registration Requirements; Fees
Status: in_force

Only those natural persons who demonstrate to the satisfaction of the Commissioner of Agriculture and Industries their skill in repairing, servicing, or installing, weighing and measuring devices may be registered. The commissioner, under the provisions of Section 2-2-16, may promulgate rules and regulations and establish fees not to exceed one hundred dollars ($100) for the reimbursement of costs and expenses of registration which are reasonable and necessary to include necessary skills, standards, procedures, and equipment which a registrant must meet and follow to accomplish the evident purpose and intent of this law.
Ala. Code § 8-26B-7 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-7
Section 8-26B-7 Suspension, Revocation, or Refusal to Renew Registration
Status: in_force

(a) The Secretary of State may limit, suspend, revoke, or refuse to renew a registration of an individual registered under Section 8-26B-6(a) for conduct that would have justified refusal to issue a certificate of registration under Section 8-26B-6(b).

(b) The Secretary of State may suspend or revoke the registration of an individual registered under Section 8-26B-5(c) or renewed under Section 8-26B-6(e) for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Section 8-26B-6(b).
Ala. Code § 8-6-93 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-93
Section 8-6-93 Minor May Not Disaffirm Security Transaction Unless Prior Written Notice of Minority Given
Status: in_force

A minor who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy or made an election or exercised rights relating to the security has no right thereafter, as against a bank, broker, issuer, third-party or transfer agent, to disaffirm or avoid the transaction unless, prior to acting in the transaction, the bank, broker, issuer, third-party or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received written notice in the office acting in the transaction that the specific security is held by a minor.
Ala. Code § 8-21B-3 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-3
Section 8-21B-3 Definitions
Status: in_force

The following words shall have the following meanings:

(1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business in this state. If a dealer’s retail sales volume of heavy equipment and heavy equipment parts purchased from a single supplier is greater than 70 percent of such dealer’s total retail sales volume of heavy equipment and heavy equipment parts during the 12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier shall not be subject to this chapter with respect to the dealer agreement and transactions between them, but the dealer shall otherwise be subject to this chapter with respect to dealer agreements and transactions with other suppliers.

(2) DEALER AGREEMENT. The agreement or contract, expressed or implied, oral or written, by and between a dealer and supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of heavy equipment.

(3) EQUIPMENT or HEAVY EQUIPMENT. Self-propelled, self-powered, or pull-type equipment and machinery, primarily employed for construction, industrial, maritime, mining, or forestry usage. The term shall not include:

a. Motor vehicles requiring registration and certificates of title.

b. Equipment used for agriculture, horticulture, livestock, grazing, lawn and garden, or light industrial purposes which are subject to Chapter 21A.

(4) NET COST. The price the dealer pays to the supplier for heavy equipment and parts, including the freight costs from the supplier’s location to the dealer’s location, minus all applicable discounts allowed by the supplier.

(5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased from the supplier for use on heavy equipment.

(6) PERSON. A natural person, partnership, association, corporation, or other legal entity or a combination of legal entities. The term also includes heirs, assigns, personal representatives, guardians, and successors in interest.

(7) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale or lease of heavy equipment under the terms of a dealer agreement.

(8) SUPPLIER. A person, partnership, corporation, association, or other form of business enterprise engaged in the manufacture, assembly, or wholesale distribution of heavy equipment and parts related thereto or any officer or agent thereof. The term also includes any successor in interest including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original supplier.
Ala. Code § 8-15-16 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-16
Section 8-15-16 When Receipt to Be Endorsed “Stored in the Open”
Status: in_force

Whenever any public warehouseman accepts for storage any cotton or other article of value and keeps or stores the same where it is exposed to weather conditions or in any place except within the warehouse, there shall be endorsed on the warehouse receipt given for such cotton or other article the words “Stored In The Open” in such manner as may be prescribed by the rules and regulations promulgated by the State Board of Agriculture and Industries.
Ala. Code § 8-19F-4 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-4
Section 8-19F-4 Fantasy Constest Procedure Requirements
Status: in_force

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.
Ala. Code § 8-4-1 — Alabama Code / Title 8 / Chapter 4 / Section 8-4-1
Section 8-4-1 Damages on Protested Bills of Exchange
Status: in_force

The damages on bills of exchange, inland or foreign, protested for nonacceptance or nonpayment are five percent on the sum drawn for.
Ala. Code § 8-1A-4 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-4
Section 8-1A-4 Prospective Application
Status: in_force

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002.
Ala. Code § 8-19H-5 — Alabama Code / Title 8 / Chapter 19H / Section 8-19H-5
Section 8-19H-5 Violations; Penalties
Status: in_force

(a) Whenever the Attorney General has reason to believe that a person has violated or is violating this chapter, the Attorney General, acting in the public interest, may bring an action in the name of the state against the person as follows:

(1) To enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or preliminary or permanent injunction.

(2) To recover from the alleged violator a civil penalty not to exceed five thousand dollars ($5,000) per violation, and not to exceed a total of fifty thousand dollars ($50,000) in aggregate, as determined by the court.

(3) To recover from the alleged violator the Attorney General’s reasonable expenses, investigative costs, and attorney fees.

(4) To obtain other appropriate relief as provided for under this chapter.

(b) The Attorney General, in addition to other powers conferred by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry.

(c) The Attorney General may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state if, after the manufacturer is found to have violated this chapter, the manufacturer demonstrates a repeated pattern of violations of this chapter.

(d) For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after October 1, 2025, which violates Section 8-19H-2.
Ala. Code § 8-1A-10 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-10
Section 8-1A-10 Effect of Change or Error
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual meets the following requirements:

a. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.

b. Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.

c. Has not used or received any benefit or value from the consideration, if any, received from the other person.

(3) If neither subdivision (1) nor subdivision (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.

(4) Subdivisions (2) and (3) may not be varied by agreement.
Ala. Code § 8-1A-16 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-16
Section 8-1A-16 Transferable Records
Status: in_force

(a) In this section, “transferable record” means an electronic record that meets the following criteria:

(1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing.

(2) The issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that all of the following occur:

(1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable.

(2) The authoritative copy identifies the person asserting control as:

a. The person to which the transferable record was issued; or

b. If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred.

(3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian.

(4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control.

(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy.

(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision (20) of Section 7-1-201 of the Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under subsection (a) of Section 7-3-302, Section 7-7-501, or Section 7-9-308 of the Uniform Commercial Code or Section 5-19-5 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Ala. Code § 8-16-16 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-16
Section 8-16-16 Standards for Containers of Farm Products - Duty to Establish
Status: in_force

It shall be the duty of the State Board of Agriculture and Industries to fix and promulgate official standards for containers of farm products and to change any of them from time to time as may be found necessary.
Ala. Code § 8-26B-54 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-54
Section 8-26B-54 Financial Literacy and Life Skills Programming for Student Athletes
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-17-235 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-235
Section 8-17-235 Use of Hazardous Explosive Materials for Entertainment Purposes
Status: in_force

The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior to use.
Ala. Code § 8-9A-11 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-11
Section 8-9A-11 Uniformity of Application and Construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Ala. Code § 8-1-120 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-120
Section 8-1-120 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) CONTRACT OF SALE. Such term shall include sales, agreements of sale, and agreements to sell.

(2) PERSON. Such term shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships, and corporations.
Ala. Code § 8-6-191 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-191
Section 8-6-191 Legislative Findings
Status: in_force

The Legislature finds that instances of financial exploitation are on the rise in Alabama and elsewhere, particularly among elderly and vulnerable adults. The Legislature recognizes that while financial institutions are uniquely positioned to potentially uncover instances of financial exploitation, they are also subject to duties imposed by contract and law to conduct financial transactions in accordance with their customers’ instructions. While all instances of financial exploitation cannot be exposed, delayed, or thwarted, it is the intent of the Legislature that this article furnish financial institutions with additional tools to protect elderly and vulnerable adults from financial exploitation.
Ala. Code § 8-15-47 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-47
Section 8-15-47 Risk of Loss or Damage to Personal Property
Status: in_force

Unless the rental agreement specifically provides otherwise and until a lien sale is conducted under Section 8-15-46, the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant, and the occupant shall bear all risks of loss or damage to that personal property.
Ala. Code § 8-17-153 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-153
Section 8-17-153 Jurisdiction in Enforcement of Division
Status: in_force

District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division.
Ala. Code § 8-16-123 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-123
Section 8-16-123 Revocation, Suspension, Etc., of Registration; Grounds; Notice; Appeal
Status: in_force

The commissioner may revoke, suspend or refuse to renew the registration of service persons or scale mechanics if he determines that the person has failed to abide by the rules and regulations promulgated under this law or has removed a condemnation tag, for purpose other than that of repair, or no longer qualifies under the above rules and regulations. The taking of unfair advantage of an owner of a weighing or measuring device or unsatisfactory work in repairing said devices shall also constitute grounds for refusing to register, revocation, suspension or nonrenewal of the registration.

The Commissioner of Agriculture and Industries shall give at least 10-days’ written notice by certified mail to the concerned person prior to refusing to register, revocation, suspension or nonrenewal of the registration. The notice shall set out the specific grounds under which the action was taken. The registrant or proposed registrant, after receiving notification as set out above, may request a hearing before the commissioner. This request must be in writing and be received by the commissioner within 10 days after receiving notice of the commissioner’s intended action. If the written request for a hearing is received within the 10-day period, the commissioner shall stay his intended action pending the outcome of the hearing. Any adverse ruling at this hearing is appealable to the State Board of Agriculture and Industries provided notice of appeal to the board is given in writing to the commissioner within 10 days after receiving written notice of an adverse ruling. The hearing before the State Board of Agriculture and Industries shall follow the proceedings affecting licensees under the Alabama Administrative Procedures Act (§41-22-1 et seq.).
Ala. Code § 8-6-193 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-193
Section 8-6-193 Authority to Refuse or Delay Execution of a Financial Transaction
Status: in_force

(a)(1) If a financial service provider has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, the financial service provider may, but is not required to, refuse or delay the execution of a financial transaction on an account of an elderly or vulnerable adult; on an account on which the elderly or vulnerable adult is a beneficiary, including a trust, guardianship, or conservatorship account; or on an account of a person suspected of perpetrating the financial exploitation.

(2) A financial service provider may also refuse or delay the execution of a financial transaction under this section if the Department of Human Resources or a law enforcement agency provides information to the financial service provider demonstrating that it is reasonable to believe that financial exploitation may have occurred, may have been attempted, or is being attempted.

(b) Except as ordered by a court, a financial service provider is not required to refuse or delay the execution of a financial transaction under this section and may use its discretion to determine whether to refuse or delay the execution of a financial transaction based on the information available to the financial service provider.

(c) A financial service provider that refuses to execute a financial transaction or places a hold on a financial transaction based on reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted shall do both of the following:

(1) Except with regard to an account administered by a bank or trust company in a fiduciary capacity, make a reasonable effort to notify one or more parties authorized to transact business on the account orally or in writing.

(2) If the incident involves financial exploitation, report the incident to the Department of Human Resources and the appropriate law enforcement agency.

(d) Notwithstanding subsection (c), notice to any party authorized to conduct business on the account is not required if the party is the suspected perpetrator of financial exploitation.

(e) A refusal by a financial service provider to execute a financial transaction or place a hold on a financial transaction as authorized by this section, based on the financial service provider’s reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, expires when the financial service provider reasonably believes that the financial transaction will not result in financial exploitation unless earlier terminated by an order of a court of competent jurisdiction.

(f) A financial service provider or an officer or employee of a financial service provider, acting in a reasonable manner, is immune from all criminal, civil, and administrative liability for the following:

(1) Refusing or not refusing to execute a financial transaction, or holding or not holding a financial transaction under this section.

(2) Actions taken in furtherance of the determination made under subdivision (1) if the determination was based upon a reasonable belief.
Ala. Code § 8-3-13 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-13
Section 8-3-13 Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action
Status: in_force

(a) A surety upon any contract for the payment of money or for the delivery or payment of personal property may require the creditor or anyone having the beneficial interest in the contract, by notice in writing, to bring an action thereon against the principal debtor or against any cosurety to such contract.

(b) If an action is not brought thereon in three months after the receipt of such notice and prosecuted with diligence according to the ordinary course of law, the surety giving such notice is discharged from all liability as surety or his aliquot proportion of the debt, as the case may be.

(c) One surety may give the notice in behalf of his cosureties.

(d) The remedy secured by this section does not apply to bonds or other contracts with collateral conditions, nor to the bonds of executors, administrators, guardians, or public officers.
Ala. Code § 8-19A-20 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-20
Section 8-19A-20 Criminal Prosecuting Authority
Status: in_force

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.
Ala. Code § 8-20-1 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-1
Section 8-20-1 Short Title
Status: in_force

This chapter may be cited as “The Motor Vehicle Franchise Act.”
Ala. Code § 8-33-9 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-9
Section 8-33-9 Prohibited Acts
Status: in_force

(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words “insurance,” “casualty,” “surety,” “mutual,” or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation, or any other vehicle protection product warrantor. A warrantor may use the term “guaranty” or similar word in the warrantor’s name.

(b) A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
Ala. Code § 8-1-41 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-41
Section 8-1-41 Obligations Which Cannot Be Specifically Enforced
Status: in_force

The following obligations cannot be specifically enforced:

(1) An obligation to render personal service;

(2) An obligation to employ another in personal service;

(3) An agreement to submit a controversy to arbitration;

(4) An agreement to perform an act which the party has not power lawfully to perform when required to do so;

(5) An agreement to procure the act or consent of the wife of the contracting party or of any other third persons; or

(6) An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
Ala. Code § 8-7B-15 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-15
Section 8-7B-15
Status: in_force

(a) Except as otherwise provided in subsection (b), all information or reports obtained by the commission from the applicant, licensee, or authorized delegate and all information contained in or related to examination, investigation, operation, or condition reports prepared by, or on behalf of, or for the use of the commission, are confidential and are not subject to disclosure under Article 3 of Chapter 12, Title 36.

(b) The commission may disclose information not otherwise subject to disclosure under subsection (a) to representatives of state and federal agencies, provided the agencies submit an undertaking to maintain the confidentiality of the information in a record.

(c) This section shall not prohibit the commission from disclosing to the public a list of persons licensed under this chapter or the aggregated financial data concerning those licensees.
Ala. Code § 8-26B-53 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-53
Section 8-26B-53 Revocation or Reduction of Scholarships
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-26-29 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-29
Section 8-26-29 Sale or Transfer of Athlete Agent’s Interest in Profits of the Athlete Agent
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-26-33 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-33
Section 8-26-33 Publication of False, Fraudulent, Etc., Information; Advertisements of Athlete Agent; False Information or Promises Concerning Employment
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-16-51 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-51
Section 8-16-51 Rules and Regulations; Fees
Status: in_force

(a) The term of appointment for weighmasters shall be for one year.

(b) A fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), which shall accrue to the Agricultural Fund, shall be paid to the Commissioner of Agriculture and Industries by each person appointed or designated as weighmaster.

(c) Provided, however, any weighmaster whose term of appointment has not expired on or after July 30, 1979, shall not be required to pay the increased permit fee during such term.
Ala. Code § 8-38-2 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-2
Section 8-38-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms have the following meanings:

(1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time committed by the same entity constitutes one breach. The term does not include any of the following:

a. Good faith acquisition of sensitive personally identifying information by an employee or agent of a covered entity, unless the information is used for a purpose unrelated to the business or subject to further unauthorized use.

b. The release of a public record not otherwise subject to confidentiality or nondisclosure requirements.

c. Any lawful investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the state, or a political subdivision of the state.

(2) COVERED ENTITY. A person, sole proprietorship, partnership, government entity, corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information.

(3) DATA IN ELECTRONIC FORM. Any data stored electronically or digitally on any computer system or other database, including, but not limited to, recordable tapes and other mass storage devices.

(4) GOVERNMENT ENTITY. The state, a county, or a municipality or any instrumentality of the state, a county, or a municipality.

(5) INDIVIDUAL. Any Alabama resident whose sensitive personally identifying information was, or the covered entity reasonably believes to have been, accessed as a result of the breach.

(6) SENSITIVE PERSONALLY IDENTIFYING INFORMATION.

a. Except as provided in paragraph b., an Alabama resident’s first name or first initial and last name in combination with one or more of the following with respect to the same Alabama resident:

1. A non-truncated Social Security number or tax identification number.

2. A non-truncated driver’s license number, state-issued identification card number, passport number, military identification number, or other unique identification number issued on a government document used to verify the identity of a specific individual.

3. A financial account number, including a bank account number, credit card number, or debit card number, in combination with any security code, access code, password, expiration date, or PIN, that is necessary to access the financial account or to conduct a transaction that will credit or debit the financial account.

4. Any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.

5. An individual’s health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual.

6. A user name or email address, in combination with a password or security question and answer that would permit access to an online account affiliated with the covered entity that is reasonably likely to contain or is used to obtain sensitive personally identifying information.

b. The term does not include either of the following:

1. Information about an individual which has been lawfully made public by a federal, state, or local government record or a widely distributed media.

2. Information that is truncated, encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable, including encryption of the data, document, or device containing the sensitive personally identifying information, unless the covered entity knows or has reason to know that the encryption key or security credential that could render the personally identifying information readable or useable has been breached together with the information.

(7) THIRD-PARTY AGENT. An entity that has been contracted to maintain, store, process, or is otherwise permitted to access sensitive personally identifying information in connection with providing services to a covered entity.
Ala. Code § 8-7B-10 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-10
Section 8-7B-10
Status: in_force

(a) If the commission determines that any person has engaged in or is about to engage in any act or practice constituting a violation of this chapter or a rule adopted or an order issued under this chapter, the commission may do any of the following:

(1) Issue an order, with or without a prior hearing or notice, against the person or persons engaged in the act or practice, directing them to cease and desist from engaging in the act or practice.

(2) Issue an order appointing a receiver or conservator over a respondent or the respondent’s assets.

(3) Order restitution or disgorgement against any person who has violated this chapter or any rule adopted or order issued pursuant to this chapter.

(4) Bring an action in the Circuit Court of Montgomery County to enjoin an action or practice and to enforce compliance with this chapter or any rule adopted or order issued pursuant to this chapter. Upon a proper showing, the court may issue a temporary restraining order or permanently enjoin any unlawful act or practice.

(b) The commission shall not be required to post a bond for any actions taken pursuant to subsection (a).
Ala. Code § 8-32-6 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-6
Section 8-32-6 Prohibited Acts
Status: in_force

(a) A provider shall not use in its name the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word “guaranty” or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 1, 1997. However, a company using the prohibited language in its name shall include in its service contracts a statement in substantially the following form: “This agreement is not an insurance contract.”

(b) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
Ala. Code § 8-7A-19 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-19
Section 8-7A-19 Civil Penalties
Status: in_force

(a) The commission may assess a civil penalty against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed one thousand dollars ($1,000) per day for each day the violation is outstanding.

(b) In addition to the assessment in subsection (a), the commission may assess a charge for the actual cost of any investigation resulting from any violation of this chapter, a violation of any rule or order issued under this chapter, or the cost of any examination made by the commission pursuant to this chapter, to the person or persons subject to such investigation or examination. All assessments collected under this subsection shall be deposited in the Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission for its use in administration of this chapter.
Ala. Code § 8-16-96 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-96
Section 8-16-96 Milk and Cream Bottles and Containers - Penalty for Selling or Using Noncomplying Containers
Status: in_force

(a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles or containers to be used in the state that do not comply as to size and marking with the provisions of this article shall suffer a penalty of $500, to be recovered by the Attorney General in an action against the offender’s bondsman, to be brought in the name of the state in the Circuit Court of Montgomery County, Alabama.

(b) Any dealer who offers for sale, or who uses for the purpose of selling, milk or cream jars, bottles or containers that do not comply with the requirements of this article as to markings and capacity shall be guilty of offering for sale or using a false or insufficient measure.
Ala. Code § 8-32-1 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-1
Section 8-32-1 Purpose. (Amended by Act 2026-395)
Status: in_force

AMENDED BY ACT 2026-395, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state.

(b) The following are exempt from Sections 8-32-2 to 8-32-12, inclusive, of this chapter:

(1) Warranties.

(2) Maintenance agreements.

(3) Warranties, service contracts, or maintenance agreements offered by electric, gas, water, or telephone utilities on their transmission devices.

(4) Service contracts sold or offered for sale in commercial transactions.

(5) Service contracts sold or offered for sale to persons other than consumers.

(6) Service contracts sold at the point of sale, or within 60 days of the original purchase date of the property, which cover tangible property where the tangible property for which the service contract is sold, has a purchase price of two hundred and fifty dollars ($250) or less, exclusive of sales tax.

(c) Manufacturer’s service contracts on the manufacturer’s products and service contracts sold or offered for sale by Alabama electric cooperatives, and their subsidiaries and affiliates, including without limitation, affiliates managed or controlled by electric cooperatives, are required to comply only with Section 8-32-3(a), Section 8-32-3(g), Section 8-32-5(a), Section 8-32-5(d) to (n), inclusive, Section 8-32-6, Section 8-32-10(a), and Section 8-32-10(c) to (f), inclusive, as applicable, of this chapter.

(d) The types of agreements referred to in subsections (b) and (c) are not insurance for any purpose including, without limitation, compliance with the Alabama Insurance Code.
Ala. Code § 8-20-10 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-10
Section 8-20-10 Dealer’s Right of Free Association with Other Dealers
Status: in_force

Every motor vehicle dealer shall have the right of free association with other motor vehicle dealers for any lawful purpose.
Ala. Code § 8-13-15 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-15
Section 8-13-15 Sales to Be Held Only at Regular Store Hours; Exceptions
Status: in_force

No going out of business sale or distress merchandise sale shall be held at times other than regular store hours of the applicant, except that the probate judge issuing the license may make reasonable provision for extra evening hours upon good cause shown by the applicant.
Ala. Code § 8-6-4 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-4
Section 8-6-4 Registration of Securities - Required; Exceptions
Status: in_force

It is unlawful for any person to offer or sell any security in this state unless:

(1) It is registered under this article;

(2) The security is exempt from registration under Section 8-6-10; or

(3) The transaction is exempt under Section 8-6-11.
Ala. Code § 8-6-30 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-30
Section 8-6-30 Burden of Proving Exemption or Exception from Definition
Status: in_force

In any proceeding under this article, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Ala. Code § 8-31-5 — Alabama Code / Title 8 / Chapter 31 / Section 8-31-5
Section 8-31-5 Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate
Status: in_force

(a) Upon an entry of judgement or decree for a violation of this chapter, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000) per violation with an aggregate total not to exceed twenty-five thousand dollars ($25,000) for any 24-hour period.

(b) All penalties collected under this chapter 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 resulting in the imposition of such penalties.

(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 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.
Ala. Code § 8-7A-25 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-25
Section 8-7A-25 Burden of Proving an Exemption or an Exception from a Definition
Status: in_force

In any proceeding under this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Ala. Code § 8-10-2 — Alabama Code / Title 8 / Chapter 10 / Section 8-10-2
Section 8-10-2 Entering Combination to Control Management of Corporation with Intent to Fix Price, Diminish Production, Etc
Status: in_force

Any corporation chartered under the laws of this state or any officer, stockholder, agent, or employee of any such corporation which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person and thereby limit or fix the price, restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce must be fined, on conviction, not less than $500 nor more than $2,000.
Ala. Code § 8-9A-5 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-5
Section 8-9A-5 Transfers Fraudulent as to Present Creditors
Status: in_force

(a) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer.

(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt and the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.
Ala. Code § 8-39-1 — Alabama Code / Title 8 / Chapter 39 / Section 8-39-1
Section 8-39-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the New Assistive Devices Warranty Act.
Ala. Code § 8-6-118 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-118
Section 8-6-118 Proceedings Before Securities Commission
Status: in_force

When the matter of any proposed industrial revenue bond issue has been appealed by the issuer to the commission or referred to the commission by the director with the request that the commission issue a permanent stop order, the director shall convene the commission. The commission shall conduct a hearing on the matter within 14 days after receipt by the director of the notice of appeal or service upon the issuer of the referral. At the request of the issuer, the date of the hearing may be postponed. Notice of the time, place, and purpose of the hearing shall be served upon the issuer at least three days before the date of the hearing. The issuer and other interested parties shall have the right to appear and be heard in person or by counsel. The commission shall render a decision within three days after the hearing. Pending the determination by the commission of any appeal or referral, the stop order previously issued by the director shall remain in effect until the commission renders a decision, or three days after the hearing, whichever is earlier. If, upon a hearing of the matter, the commission concludes that the proposed issue of industrial revenue bonds is improvident, the stop order previously issued by the director shall be made permanent and neither the proposed industrial revenue bonds nor any industrial revenue bonds in lieu of the bonds shall be issued until approved by judicial validation in proceedings instituted by the proposed issuer after the issuance of the stop order. If the commission concludes that the issue is not improvident, the commission shall lift the stop order and the issuer may proceed to issue the proposed industrial revenue bonds.
Ala. Code § 8-1-3 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-3
Section 8-1-3 Receipt or Acknowledgment for Collateral Required
Status: in_force

(a) All banking, insurance and other corporations, private bankers, brokers and other persons engaged in the business of making discounts or lending money, or taking or receiving a collateral for a loan or discount, must give to the borrower, or to his agent or attorney, if demanded, a receipt or acknowledgment in writing designating or describing the collateral taken or received and stating the character of the debt, the time of its maturity and amount for the payment of which such collateral is intended as security.

(b) If negotiable bonds are taken or received as collateral, the receipt or acknowledgment must state the series number thereof if such bonds are numbered.
Ala. Code § 8-15-32 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-32
Section 8-15-32 Vesting of Care, Control, Etc., of Stored Property in Occupant; Determination of Risk of Loss
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-7A-23 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-23
Section 8-7A-23 Investigation and Subpoenas by Commission
Status: in_force

(a) The commission may do any of the following:

(1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether: Any license under this chapter should be granted, denied, suspended, or revoked; any person has violated or is about to violate any provision of this chapter or any rule or order hereunder; or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder.

(2) Require or permit any person to file a statement in writing, under oath, or otherwise as the commission may determine, as to all the facts and circumstances concerning the matter to be investigated.

(3) Publish information concerning any violation of this chapter or any rule or order hereunder.

(b) In relation to any investigation or proceeding under this chapter, the commission, or any officer designated, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commission deems relevant to the inquiry.

(c) In case of refusal to obey a subpoena, upon application by the commission, any court of competent jurisdiction may issue an order to the person failing to obey the subpoena requiring that person to appear before the commission or the officer designated by it, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. The court may hold any person who fails to obey an order of the court in contempt of court.

(d) No person is excused from attending and testifying or from producing any document or record before the commission or any officer designated by it, in any proceeding instituted by the commission, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate him or her or subject him or her to a penalty or forfeiture. No individual may be prosecuted or subjected to any penalty or forfeiture using or based on information he or she offered after asserting such privilege, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Nothing in this section shall prohibit the commission from prosecuting any person compelled to testify or provide evidence, if the commission has sufficient evidence, derived from other sources not discovered, derived, or revealed from such compelled testimony or evidence, to sustain a prosecution for a violation under this chapter.
Ala. Code § 8-1-190 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-190
Section 8-1-190 Void Contracts; Contracts Allowed to Preserve Protectable Interests
Status: in_force

(a) Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise than is provided by this section is to that extent void.

(b) Except as otherwise prohibited by law, the following contracts are allowed to preserve a protectable interest:

(1) A contract between two or more persons or businesses or a person and a business limiting their ability to hire or employ the agent, servant, or employees of a party to the contract where the agent, servant, or employee holds a position uniquely essential to the management, organization, or service of the business.

(2) An agreement between two or more persons or businesses or a person and a business to limit commercial dealings to each other.

(3) One who sells the good will of a business may agree with the buyer to refrain from carrying on or engaging in a similar business and from soliciting customers of such business within a specified geographic area so long as the buyer, or any entity deriving title to the good will from that business, carries on a like business therein, subject to reasonable time and place restraints. Restraints of one year or less are presumed to be reasonable.

(4) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from carrying on or engaging in a similar business within a specified geographic area so long as the commercial entity carries on a like business therein, subject to reasonable restraints of time and place. Restraints of two years or less are presumed to be reasonable.

(5) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from soliciting current customers, so long as the commercial entity carries on a like business, subject to reasonable time restraints. Restraints of 18 months or for as long as post-separation consideration is paid for such agreement, whichever is greater, are presumed to be reasonable.

(6) Upon or in anticipation of a dissolution of a commercial entity, partners, owners, or members, or any combination thereof, may agree that none of them will carry on a similar commercial activity in the geographic area where the commercial activity has been transacted.
Ala. Code § 8-33-1 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-1
Section 8-33-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Vehicle Protection Product Act.
Ala. Code § 8-39-5 — Alabama Code / Title 8 / Chapter 39 / Section 8-39-5
Section 8-39-5 Applicability of Chapter
Status: in_force

This chapter does not apply to any of the following:

(1) Disposable assistive devices with a useful life of one year or less.

(2) Batteries or nonfunctional accessories.

(3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for the practice of a licensed physician, employer, or other business entity that is primarily engaged in the practice of medicine, whether or not the individual is working in a collaborative practice agreement as an agent, employee, or independent contractor. The exemption provided by this subdivision shall not apply to an assistive device simply because it was prescribed or ordered by a licensed physician or other health care practitioner.
Ala. Code § 8-26A-13 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-13
Section 8-26A-13 Required Records
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-9A-2 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-2
Section 8-9A-2 Insolvency
Status: in_force

(a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.

(b) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

(c) A partnership is insolvent under subsection (a) if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.

(d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.

(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Ala. Code § 8-17-238 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-238
Section 8-17-238 Violations
Status: in_force

Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor.
Ala. Code § 8-17-219 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-219
Section 8-17-219 Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items
Status: in_force

No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature of Section 8-17-217. Items must be identified on the shipping cases and by imprinting on the article or retail sales container or unit “D.O.T. Class C Consumer Fireworks” or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks on related items; such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
Ala. Code § 8-18-4 — Alabama Code / Title 8 / Chapter 18 / Section 8-18-4
Section 8-18-4 Blind Bidding Prohibited; Notice of Trade Screening Required
Status: in_force

(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.
Ala. Code § 8-1A-12 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-12
Section 8-1A-12 Retention of Electronic Records; Originals
Status: in_force

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which meets the following requirements:

(1) Accurately reflects the information set forth in the record as it was first generated in final form as an electronic record or otherwise.

(2) Remains accessible for later reference.

(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.

(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).

(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).

(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude the State Records Commission, Local Government Records Commission, or other governmental agency of this state from specifying additional requirements for the retention by the agency of a record subject to the agency’s jurisdiction. The State Records Commission and the Local Government Records Commission may promulgate records retention standards for state and local government agencies to follow in compliance with this chapter.
Ala. Code § 8-34-6 — Alabama Code / Title 8 / Chapter 34 / Section 8-34-6
Section 8-34-6 Violations
Status: in_force

A person who violates this chapter is guilty of a Class B misdemeanor.
Ala. Code § 8-19A-18 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-18
Section 8-19A-18 Civil Penalties; Recovery of Penalties
Status: in_force

(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.
Ala. Code § 8-1-171 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-171
Section 8-1-171 Conveyance of Real Estate by Insane Person Not Void If Made in Good Faith
Status: in_force

(a) Whenever any person shall purchase in good faith and for a valuable consideration real estate from an insane person without notice of such insanity, such contract and conveyance shall not be void; but such insane person may recover from the vendee, or those claiming under him, the difference between the market value of such real estate at the time of the sale and the price paid therefor, with interest thereon, and shall have a lien on such real estate to secure the same.

(b) Purchasers from such vendee without notice of the insanity of the original vendor shall be protected in like manner and have the benefits of this section.
Ala. Code § 8-22-5 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-5
Section 8-22-5 Oil Transfer Price Disclosure Required
Status: in_force

All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons affected by such transfer prices or in any legal proceedings arising from this chapter.
Ala. Code § 8-21C-5 — Alabama Code / Title 8 / Chapter 21C / Section 8-21C-5
Section 8-21C-5 Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies
Status: in_force

(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer or distributor, at the election of the dealer and within 45 days after termination, cancellation, or nonrenewal, shall do all of the following:

(1) Repurchase all new, untitled recreational vehicles that were acquired and delivered to the dealership from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged at 100 percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this subdivision are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost of repairing the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery does not disqualify repurchase under this subdivision.

(2) Repurchase all undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105 percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts.

(3) Repurchase any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100 percent of the dealer’s net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the dealer within 5 years before termination, cancellation, or nonrenewal, upon the manufacturer’s or distributor’s request, and which the dealer meets the burden of establishing, and can no longer be used in the normal course of the dealer’s ongoing business.

(b) The manufacturer or distributor shall pay the dealer within 30 days after receipt of the repurchased items.
Ala. Code § 8-17-291 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-291
Section 8-17-291 Definitions
Status: in_force

For the purposes of this article, the following terms have the following meanings:

(1) AMUSEMENT RIDE. A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment, including, but not limited to, amusement railway rides, circular rides, concession go karts, flat rides, high rides, inflatable amusement devices, and kiddie rides as defined in ASTM F747-22. Amusement rides shall not include aerial trekking courses, canopy tours, challenge courses, fun karts, race karts, ropes courses, trampoline courts, or zip lines as defined in ASTM F747-22. Further, amusement rides shall not include coin-operated amusement rides, courses or facilities that include whitewater rafting, paddling, climbing, bouldering, or biking, or nonmechanized playground equipment.

(2) COIN-OPERATED AMUSEMENT RIDE. A single passenger coin-operated ride that is manually, mechanically, or electrically operated, customarily placed in a public location, and does not normally require the supervision of an operator.

(3) INFLATABLE AMUSEMENT DEVICE. An amusement ride or device designed for uses including, but not limited to, bouncing, climbing, sliding, or interactive play, made of flexible fabric, kept inflated by continuous air flow provided by one or more blowers, and reliant upon air pressure to maintain its shape. The term does not include mobile devices that are offered for rent or sale to the general public.

(4) NONMECHANIZED PLAYGROUND EQUIPMENT. Swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, playground slides, physical fitness devices, and other similar items.

(5) OPERATOR. An individual in direct control of the starting, stopping, or speed of an amusement ride.

(6) OWNER. The individual, organization, or business entity responsible for the maintenance and operation of an amusement ride or water slide.

(7) QUALIFIED INSPECTOR. A professional engineer or inspector who is not employed by the owner and holds at a minimum a level 1 inspector certification from Amusement Industry Manufacturers and Suppliers International (AIMS International) or the National Association of Amusement Ride Safety Officials.

(8) WATER SLIDE. A ride intended for use by riders in bathing attire where the action of the ride involves possible or purposeful immersion of the rider’s body in water, either in whole or in part, and which uses circulating water to mobilize or lubricate the rider’s transportation along a pre-built path. A water slide includes slides used with or without vehicles, but does not include water slides installed at private residences, water flume amusement rides, log flume rides, lazy river-type attractions operating at a constant elevation and constructed in the ground, courses or facilities that include whitewater rafting or paddling, or slides where the change in elevation from the beginning to the end of the slide is less than fifteen feet.
Ala. Code § 8-32-10 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-10
Section 8-32-10 Enforcement Provisions
Status: in_force

(a) The commissioner may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce this chapter and protect service contract holders in this state. Upon request of the commissioner, the provider shall make all accounts, books, and records concerning service contracts sold in this state by the provider available to the commissioner which are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.

(b) Providers, administrators, or insurers being examined shall pay to the commissioner the travel expense to and from such examination, a living expense allowance at reasonable rates customary for the examination in the state where the examination takes place and as established or adopted by regulation of the commissioner, and the compensation of the examiners making the examination, upon presentation by the commissioner of a detailed account of the allowances and expenses. The account may be presented periodically during the course of the examination or at the termination of the examination, as the commissioner deems proper. All payments collected by the commissioner shall be paid into the special fund provided by Section 8-32-3(c) and used to pay the cost of the examination of providers.

(c) The commissioner may take action which is necessary or appropriate to enforce this chapter and the commissioner’s regulations and orders, and to protect service contract holders in this state.

(d) If a provider has violated this chapter or the commissioner’s regulations or orders, the commissioner may issue an order directed to that provider (i) to cease and desist from committing violations of this chapter or the commissioner’s regulations or orders; (ii) prohibiting that provider from selling or offering for sale service contracts in violation of this chapter; or (iii) imposing a civil penalty on that provider; or (iv) any combination of the foregoing, as applicable.

(1) A person aggrieved by an order issued under this subsection (d) may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days of the date the commissioner’s order is effective.

(2) If a hearing is requested, pending the hearing and the decision by the commissioner, the effective date of the order automatically shall be suspended until completion of the hearing and final decision of the commissioner.

(3) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this subsection is justified. The provisions of Sections 27-2-30, 27-2-31, and 27-2-32 shall apply to a hearing requested under this subsection (d).

(e) The commissioner may bring an action in the Circuit Court of Montgomery County, Alabama, for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner’s orders or regulations. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or regulations of the commissioner.

(f) A person who is found to have violated this chapter may be ordered to pay to the commissioner a civil penalty in an amount determined by the commissioner of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this chapter occurred. All civil penalties collected shall be paid into the special fund provided by Section 8-32-3(c) and used in the supervision and examination of providers and otherwise in the administration of this chapter.
Ala. Code § 8-1-196 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-196
Section 8-1-196 Professional Exemptions
Status: in_force

Nothing in this article shall be construed to eliminate any professional exemption recognized by Alabama law.
Ala. Code § 8-26A-31 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-31
Section 8-26A-31 Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-17-137 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-137
Section 8-17-137 Imitation of Markings, Etc., of Others with Intent to Deceive
Status: in_force

It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any other marketer of petroleum products with the intent to deceive a purchaser as to the nature, source, quality or identity of any petroleum product sold by such person to the purchaser.
Ala. Code § 8-19-1 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-1
Section 8-19-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Deceptive Trade Practices Act.”
Ala. Code § 8-19K-5 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-5
Section 8-19K-5
Status: in_force

An app store provider shall provide developers with real-time access to both of the following:

(1) Age category data for each user located in this state.

(2) The status of verifiable parental consent for each minor located in this state.
Ala. Code § 8-19I-5 — Alabama Code / Title 8 / Chapter 19I / Section 8-19I-5
Section 8-19I-5 Advertising Requirements
Status: in_force

(a) A person may not advertise the person’s services of advising or assisting in veterans benefits matters for compensation without including the following disclosure:

“This business is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Alabama Department of Veterans Affairs, or any other federally chartered veterans service organization. Other organizations, including, but not limited to, the Alabama Department of Veterans Affairs, your local county veterans service agency, and other federally chartered veterans service organizations, may be able to provide you with these services free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans benefits beyond the services that this business offers.”

(b) If the advertisement is printed, including, but not limited to, advertisements visible to Internet users, the disclosure shall appear in a readily visible place on the advertisement. If the advertisement is verbal, the spoken statement of the disclosure shall be clear and intelligible.
Ala. Code § 8-19D-1 — Alabama Code / Title 8 / Chapter 19D / Section 8-19D-1
Section 8-19D-1 Definitions
Status: in_force

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.
Ala. Code § 8-5-28 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-28
Section 8-5-28 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - When Holder of Contract Excused from Bringing Action, Obtaining Judgment, Etc
Status: in_force

The holder of an endorsed or assigned contract which is not governed by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment, and issuing the execution thereon when:

(1) The maker has no known place of residence in the state;

(2) By the use of ordinary diligence such residence cannot be ascertained;

(3) The action has been commenced in the county of the residence of the maker and a summons to the first and next succeeding court returned not found by the proper officer;

(4) A judgment against the maker has been defeated, in whole or in part, by a defense to the merits of such contract or writing or a setoff against any other than the endorsee or assignee;

(5) Any defense, except a setoff to the merits of such contract or writing, exists which would prevent a judgment for all or any portion of the sum due or the value of the thing payable by such contract or writing;

(6) The maker dies before the time expires for bringing an action or, if after an action brought, his estate is declared insolvent; or

(7) By any act or promise of the endorser, the plaintiff is induced to delay bringing such an action.
Ala. Code § 8-41-7 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-7
Section 8-41-7 Relation to Simplified Use Tax Remittance Program
Status: in_force

Nothing in this chapter shall be construed as imposing any requirement, qualification, or condition for an online marketplace to be eligible to participate in the state Simplified Use Tax Remittance Program, as defined under Section 40-23-191.
Ala. Code § 8-19K-14 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-14
Section 8-19K-14
Status: in_force

Nothing in this chapter shall be construed to relieve any person from compliance with any other law of this state that requires age verification.
Ala. Code § 8-26-25 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-25
Section 8-26-25 Trust Fund Where Athlete Agent Is Recipient of Athlete’s Salary
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-8-1.1 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-1.1
Section 8-8-1.1 Maximum Rates of Interest - Permitted Under State or Federal Law
Status: in_force

(a) Individuals, partnerships, banks, corporations, and other legal entities may, on any loans or extensions of credit made by them, charge or impose the same rate of interest or finance charge to the same extent and under the same circumstances and conditions as any federal or state chartered or licensed lending institution having its principal place of business in Alabama; provided, however, that any individual or partnership charging or imposing interest or finance charges in excess of that permitted such lending institutions under other applicable law shall be subject to the same penalties prescribed in such other applicable law or laws for such excessive interest or finance charges.

(b) The provisions of this section are cumulative and nothing herein contained shall diminish rights or powers otherwise existing. The provisions of this section, as amended, shall have retroactive effect to May 14, 1979, when it became law; provided, however, that there shall be no change of interest rates on secured loans in existence as of April 25, 1980. Any actions taken or contracts made in accordance with the provisions of this section since May 14, 1979 are hereby ratified, validated, and confirmed.
Ala. Code § 8-19-14 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-14
Section 8-19-14 Statute of Limitations
Status: in_force

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.
Ala. Code § 8-39-4 — Alabama Code / Title 8 / Chapter 39 / Section 8-39-4
Section 8-39-4 Refund or Replacement for Assistive Device with a Non Comformity
Status: in_force

(a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement of the device, whichever is requested by the consumer or the agency, as follows:

(1) If the consumer or the agency requests a refund for a device that was purchased, the manufacturer shall refund to the consumer and to any holder of a perfected security interest in the assistive device of the consumer, as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and any collateral costs incurred by the consumer, less a reasonable allowance for use. When the manufacturer provides the refund, the consumer or the agency shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.

(2) If the consumer or the agency requests a refund for a device which was leased, the manufacturer shall refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. The manufacturer shall have a cause of action against the dealer or lessor for reimbursement of any amount that it pays to a consumer which exceeds the net price received by the manufacturer for the assistive device. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.

(3) If the consumer elects to receive a comparable new assistive device, the manufacturer shall provide the consumer or the agency with the comparable new assistive device no later than 30 days after the consumer or lessor offers to transfer possession of the assistive device having the nonconformity to the manufacturer.

(b) This section regarding the duty of a manufacturer shall apply for the period of the express warranty of the manufacturer.
Ala. Code § 8-19J-6 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-6
Section 8-19J-6
Status: in_force

An app store provider shall protect personal age verification data by doing both of the following:

(1) Limiting the collection and processing to data necessary to: (i) verify a user’s age; (ii) obtain parental consent; or (iii) maintain compliance records.

(2) Transmitting personal age verification data using industry-standard encryption protocols that ensure data integrity and data confidentiality.
Ala. Code § 8-1-230 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-230
Section 8-1-230 Prospective Application
Status: in_force

Nothing in this article shall affect any agreement executed prior to January 1, 2022.
Ala. Code § 8-17-2 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-2
Section 8-17-2 Registration and Permit for Sale or Distribution
Status: in_force

(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or distributor thereof shall register the product with the Commissioner of Agriculture and Industries and obtain a permit authorizing the sale of the product.

(b) Applications for registration and permits upon forms furnished by the Commissioner of Agriculture and Industries shall contain:

(1) Name, address, and location of the applicant’s brake fluid manufacturing company, packing or distributing establishment and the address of applicant’s sales office, if any, in the State of Alabama.

(2) The brand name of the brake fluid which the applicant proposes to offer for sale or distribution in the State of Alabama.

(3) A copy of the label or brand which will be affixed to or imprinted upon packages in which brake fluid will be sold, offered for sale or distribution.

(4) A copy of the standards or specifications of the brake fluid, together with such other information as may be required by the commissioner which is necessary for the enforcement of the provisions of this article.

(c) Registration of a brake fluid as required hereunder shall be renewable annually on or before January 1 of each year, and the permit authorizing sale thereof shall be renewable annually on or before that date.

(d) The annual registration fee for each brand of brake fluid registered hereunder shall be $10, to be collected by the Commissioner of Agriculture and Industries before the product is registered and the permit is issued authorizing sale thereof.

(e) Amounts collected hereunder as registration fees and any amount levied as a fine under the penalty provisions of this article shall be deposited in the State Treasury to the credit of the Agricultural Fund.

(f) The Commissioner of Agriculture and Industries shall refuse registration of any brake fluid which does not comply with the requirements of this article.

(g) Whenever a person who manufactures, packs, or distributes brake fluid for sale or distribution in the State of Alabama shall have registered his brand of brake fluid and has obtained a permit as required under the provisions of this section, no other person shall be required to register the same brand and obtain a permit for the purpose of selling or offering the same brand of brake fluid for sale, as it is the intent and purpose hereof to require that the requirements of this section shall be complied with only once for the sale of the same brand of brake fluid.
Ala. Code § 8-26B-55 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-55
Section 8-26B-55 Alabama Collegiate Athletics Commission
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-12-12 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-12
Section 8-12-12 Records
Status: in_force

The Secretary of State shall keep for public examination a record of all marks registered or renewed under this article.
Ala. Code § 8-26A-17 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-17
Section 8-26A-17 Administrative Penalty
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-5-29 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-29
Section 8-5-29 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Applicability of Sections 8-5-26 through 8-5-28
Status: in_force

All assignments or endorsements in writing of contracts which are not governed by the Uniform Commercial Code, whether regular or irregular, must be construed as within the meaning of Sections 8-5-26 through 8-5-28, unless the contrary clearly appears from such assignment or endorsement.
Ala. Code § 8-17-113 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-113
Section 8-17-113 Enforcement of Division
Status: in_force

The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division.
Ala. Code § 8-3-41 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-41
Section 8-3-41 Issuance of Execution on Judgment Paid by Surety; Collection of Money from Principal Debtor or Cosureties
Status: in_force

(a) If a judgment is entered by any court against a principal debtor and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy the judgment, the same shall be thereby transferred and assigned by operation of law to the surety or sureties paying and satisfying it, who shall have all the liens and equities of such judgment and of the debt or claim on which the same is founded which the creditor therein had.

(b) The surety, on making affidavit of his suretyship and of his having paid the judgment and filing the affidavit and any evidence of such payment that he may hold with the officer authorized to issue execution on the judgment to whom he may apply for execution, shall be entitled to have execution issued on the judgment in the name of the plaintiff or complainant for his use or in his own name against the other defendants therein, as if the judgment had not been paid and satisfied.

(c) The officer issuing the execution shall endorse thereon that it is issued for the use of the surety who paid the judgment, and the officer serving it shall collect the money for the use of the surety from the principal debtor, if he is a party to the judgment and the money can be made out of him; if not, he shall collect a ratable proportion of the money from each of the cosureties.
Ala. Code § 8-17-256 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-256
Section 8-17-256 Determining Compliance with Article
Status: in_force

In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance notice. Upon entry, the person or persons shall immediately notify the blaster in charge at the blasting operation of his or her presence so that appropriate safety instructions, if any, may be communicated, so that persons may comply with all applicable federal and state safety regulations pertaining to persons in or about a blasting operation.
Ala. Code § 8-40-2 — Alabama Code / Title 8 / Chapter 40 / Section 8-40-2
Section 8-40-2 Applicability of Chapter
Status: in_force

This chapter does not apply to a collectible if purchased based on any of the following:

(1) The collectible was purchased by barter or trade for other items.

(2) The collectible was sold by one dealer to another dealer.
Ala. Code § 8-13-14 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-14
Section 8-13-14 Use of Trade, Business or Firm Name of Licensee After Issuance of License
Status: in_force

It shall be unlawful for any person to use the trade, business, or firm name of a licensee for a period of one year after the expiration of a license issued under this chapter, if such license is issued for a going out of business sale; provided, however, that an applicant may continue the use of such name at a different location if it has been, and is at the time the application is filed, being used at a different location within the State of Alabama by applicant.
Ala. Code § 8-16-99 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-99
Section 8-16-99 Coal, Coke, or Charcoal - Delivery Tickets
Status: in_force

(a) It shall be unlawful for any person to deliver any coal, coke, or charcoal without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be marked clearly and distinctly the gross weight of the load expressed in pounds, the tare of the delivery vehicle and the quantity or quantities of coal, coke, or charcoal contained in the vehicle used in such deliveries, the name of the purchaser and the name of the dealer from whom purchased.

(b) Such ticket shall be surrendered to the Commissioner of Agriculture and Industries or local sealer of weights and measures upon his demand for his inspection, and if he desires to retain this ticket he shall return a duplicate ticket. The original or duplicate ticket shall be delivered to the purchaser of the coal, coke, or charcoal, or his agent, at the time of the delivery of the fuel and the other ticket shall be retained by the seller of the fuel.
Ala. Code § 8-4-4 — Alabama Code / Title 8 / Chapter 4 / Section 8-4-4
Section 8-4-4 Damages and Charges on Protest for Nonacceptance
Status: in_force

When a bill of exchange is protested for nonacceptance, the same rate of damages is allowed as in the case of a protest for nonpayment; and such damages are in the place of all charges, except costs of protest, incurred previous to and at the time of giving notice of nonacceptance; but the holder is entitled to recover legal interest, exclusive of the damages, upon the amount of the principal sum from the time when the same would have become payable, if accepted, interest on the damages from the demand of acceptance and the costs of protest.
Ala. Code § 8-24-2 — Alabama Code / Title 8 / Chapter 24 / Section 8-24-2
Section 8-24-2 When Commission Is Due; Payment
Status: in_force

(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.

(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.

(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
Ala. Code § 8-6-19 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-19
Section 8-6-19 Civil Liabilities of Sellers, Agents, Etc.; Remedies of Purchasers
Status: in_force

(a) Any person who:

(b)(1) Any person who engages in the business of advising others, for compensation, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities in violation of subsection (b), (c), (d), (e), or (f) of Section 8-6-17, subsection (b) or (c) of Section 8-6-3, Section 8-6-14, is liable to that person, who may bring an action to recover the consideration paid for such advice and any loss due to such advice, together with interest at six percent per year from the date of payment of the consideration plus costs and reasonable attorney’s fees, less the amount of any income received from such advice.

No person may maintain an action hereunder pursuant to a violation of subsection (c) of Section 8-6-3 based solely on the fact that an investment adviser representative other than the one from whom the person received advice is unregistered.

(2) Any person who receives, directly or indirectly, any consideration from another person for advice as to the value of securities or their purchase or sale, whether through the issuance of analyses, reports, or otherwise and employs any device, scheme, or artifice to defraud such other person or engages in any act, practice, or course of business which operates or would operate as a fraud or deceit on such other person, is liable to that person, who may bring an action to recover the consideration paid for such advice and any loss due to such advice, together with interest at six percent per year from the date of payment of the consideration plus costs and reasonable attorney’s fees, less the amount of any income received from such advice.

An action based on a violation of subsection (c) of Section 8-6-17 and this section may not prevail where the person accused of the violation sustains the burden of proof that he did not know, and in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the liability is alleged to exist.

(c) Every person who directly or indirectly controls a person liable under subsections (a) or (b) of this section, including every partner, officer, or director of such a person, every person occupying a similar status or performing similar functions, every employee of such a person who materially aids in the conduct giving rise to the liability, and every dealer or agent who materially aids in such conduct is also liable jointly and severally with and to the same extent as the person liable under subsection (a) or (b), unless he is able to sustain the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

(d) Any tender specified in this section may be made at any time before entry of judgment.

(e) Every cause of action under this section survives the death of any person who might have been a plaintiff or defendant.

(f) No person may obtain relief under this section in an action involving the failure to register unless suit is brought within two years from the date of sale. All other actions for relief under this section must be brought within the earlier of two years after discovery of the violation or two years after discovery should have been made by the exercise of reasonable care. No person may bring an action under subsection (a) of this section:

(1) If the buyer received a written offer, before the action and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within 30 days of its receipt, or

(2) If the buyer received such an offer before the action and at a time when he did not own the security, unless he rejected the offer in writing within 30 days of its receipt.

(g) No person who has made or engaged in the performance of any contract in violation of any provision of this article or any rule or order hereunder or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any action on the contract.

(h) Any condition, stipulation, or provision binding any person acquiring any security or receiving any investment advice to waive compliance with any provision of this article or any rule or order hereunder is void.

(i) The rights and remedies provided by this article are in addition to any other rights or remedies that may exist.

(j)(1) The commission may by order, if it finds such order to be in the public interest, impose an administrative assessment upon any person who violates any provision of this article or any rule or order issued under this article.

(2) Any administrative assessment imposed under this section shall not exceed $5,000 for each act or omission that constitutes the basis for an order issued under this section, except that the amount of the administrative assessment may not exceed $50,000 for any person subject to the order.

(3) For the purposes of determining the amount or extent of an administrative assessment, if any, to be imposed under this section, the commission shall consider among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of any provision of this article or any rule or order issued under this article, and the number of persons adversely affected by the conduct.

(4) The administrative assessment under this section is in addition to any other penalty, remedy, or sanction that may be imposed under this article.

(5) All assessments collected under this subsection (j) of Section 8-6-19 shall be deposited in the general fund of the state.

(k)(1) The commission may charge, in addition to any administrative assessment, fine, penalty, remedy, or sanction imposed under this article, the actual cost of any investigation resulting from any violation of any provision of this article or any violation of any rule or order issued under this article or the actual cost of any examination made by the commission pursuant to this article, to the party or parties subject to such investigation or examination. Such charge may include, but is not limited to, a per diem prorated upon the salary cost of any employee of the commission together with actual travel, housing and any and all other reasonable expenses incurred as a result of such investigation or examination.

(2) All charges assessed for costs involved pursuant to subdivision (1) of subsection (k) of Section 8-6-19 shall be deposited in the Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission for its use in the administration of this article.
Ala. Code § 8-13-23 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-23
Section 8-13-23 Chapter Not Applicable to Certain Sales
Status: in_force

In the following cases the provisions of this chapter shall not apply:

(1) Sales for the estate of a decedent by the personal representative, or his agent, according to law or by the provisions of the will.

(2) Sales of property conveyed by deed of trust, mortgage, or judgment or ordered to be sold according to the mortgage, judgment, or order.

(3) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or personal estate and not purchased or sold for speculation.

(4) All sales under legal process.

(5) Sales by a licensed pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law.

(6) Sales made within the incorporated limits or police jurisdiction of any municipality of the State of Alabama under a license granted by such municipality pursuant to the provisions of a valid ordinance of such municipality similar to the provisions of this chapter.

(7) Sales of automobiles by an auctioneer licensed under the laws of the State of Alabama.

(8) Sales of fire, smoke, or water damaged merchandise by a licensed business establishment continuing in business. Such sales shall be limited to 12 regular business days.

(9) Sales of perishable merchandise by a licensed business establishment continuing in business. Such sales shall be limited to seven regular business days.
Ala. Code § 8-33-8 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-8
Section 8-33-8 Cancellation of Warranty
Status: in_force

(a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any.

(b) The warrantor may only cancel the warranty if the warranty holder does any of the following:

(1) Fails to pay for the vehicle protection product.

(2) Makes a material misrepresentation to the seller or warrantor.

(3) Commits fraud related to the purchase of the vehicle protection product, registration of the warranty, or a claim made under the warranty.

(4) Substantially breaches the warranty holder’s duties under the warranty.

(c) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor’s records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for cancellation.
Ala. Code § 8-7-14 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-14
Section 8-7-14 Increase of Surety Bond or Deposit
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-33-7 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-7
Section 8-33-7 Form and Contents of Warranty
Status: in_force

(a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty:

(1) States that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy if the warrantor elects to meet its financial responsibility obligations under subsection (b) of Section 8-33-5 or states that the obligations of the warrantor under the warranty are backed by the full faith and credit of the warrantor if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.

(2) States that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor.

(3) States the name and address of the issuer of the warranty reimbursement insurance policy and this information need not be preprinted on the warranty form, but may be added to or stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.

(4) Identifies the warrantor, the seller, and the warranty holder.

(5) Sets forth the total purchase price and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.

(6) Sets forth the procedure for making a claim, including a telephone number.

(7) States the existence of a deductible amount, if any.

(8) Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions.

(9) Sets forth all of the obligations and duties of the warranty holder including the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any.

(10) Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any.

(11) Contains a disclosure that reads substantially as follows: “This agreement is a product warranty and is not insurance.”

(b) At the time of sale, the seller or warrantor shall provide one of the following to the purchaser:

(1) A copy of the vehicle protection product warranty.

(2) A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
Ala. Code § 8-15-46 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-46
Section 8-15-46 Default by Occupant - Enforcement of Lien; Sale of Personal Property
Status: in_force

(a) If an occupant is in default for a period of more than 30 days, the operator may enforce the lien granted in Section 8-15-44 by selling the stored personal property of the occupant. Sale of the personal property of an occupant may be by public or private proceedings. The personal property may be sold as a unit or in parcels, by way of one or more contracts, at any time or place, with bids or offers sealed or open, and on any terms as long as the sale is a commercially reasonable sale. The operator may otherwise dispose of any property which has no commercial value.

(b) Before conducting a sale under this section, the operator shall do all of the following:

(1) At least 20 days before the sale, send notice of default to the occupant and any lienholder identified by the occupant in the rental agreement by verified mail or electronic mail pursuant to subsection (h). The notice of default shall include:

a. A statement that the contents of the leased space are subject to the operator’s lien.

b. A statement of the operator’s claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date the additional charges shall become due.

c. A demand for payment of the charges due within a specified time, which shall not be less than 10 days after the date of the notice.

d. A statement that unless the claim is paid within the time stated, the contents of the leased space will be sold or otherwise disposed of after a specified time.

e. The name, street address, and telephone number of the operator or a designated agent whom the occupant may contact to respond to the notice.

(2) At least seven days before the sale, an advertisement containing the time, place, and terms of the sale shall be published once in a newspaper of general circulation in the county where the self-service storage facility is located. A single advertisement listing multiple sales in a newspaper of general circulation in the county shall suffice. If no newspaper of general circulation is located in the county, or if the operator determines, based on the previous experience of the operator, that the contents of the leased space have a value of five hundred dollars ($500) or less, then an advertisement in any commercially reasonable manner shall suffice. The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised.

(c) The operator may buy the personal property of the occupant at any public sale held pursuant to this section.

(d) If the personal property subject to the operator’s lien is a vehicle, watercraft, or trailer and rent and other charges remain unpaid for 60 days, the operator may have the vehicle, watercraft, or trailer towed from the self-service storage facility. The operator shall not be liable for any damages to the vehicle, watercraft, or trailer once a licensed and bonded tower takes possession of the property. Removal of any vehicle, watercraft, or trailer from the self-service storage facility shall not release the operator’s lien. The sale of a watercraft shall comply with Section 33-5A-4. Any provision of this article to the contrary notwithstanding, unclaimed motor vehicles shall be reported in accordance with Section 32-8-84 and abandoned motor vehicles shall be sold in accordance with Chapter 13 of Title 32.

(e) At any time before a sale is held under this section or before a vehicle, watercraft, or trailer is towed under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the personal property. The operator shall have no liability to any person with respect to personal property redeemed pursuant to this subsection.

(f) In the event of a sale, the operator may satisfy the lien from the proceeds of the sale. The lien rights of secured lienholders are automatically transferred to the remaining proceeds of the sale, if any. If the sale is a commercially reasonable sale, the operator shall not be subject to any liability for a deficiency if the amount realized at the sale does not satisfy any secured lien, but shall hold the balance, if any, for delivery to the occupant or any secured lienholder, upon demand. If the occupant or secured lienholder, if any, does not claim the balance of the proceeds within one year after the date of sale, the balance shall become the property of the operator without further recourse by the occupant or secured lienholder.

(g) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien granted in Section 8-15-44 takes the property free and clear of any rights of persons against whom the lien was valid, despite noncompliance by the operator with the requirements of this section. If the requirements of this article are not satisfied, if the sale of the personal property is not in conformity with the notice of sale, or if there is a willful violation of this article, nothing in this section affects the rights and liabilities of the owner, occupant, or any other person.

(h) Notices to the occupant under subdivision (b)(1) shall be sent to the last known address of the occupant by verified mail or electronic mail. Notices sent by verified mail shall be deemed delivered when deposited with the United States Postal Service or private delivery service if they are properly addressed with postage prepaid. Notices sent by electronic mail shall be deemed delivered when an electronic message is sent to the last known address provided by the occupant. If the operator sends notice by electronic mail and receives an automated message stating that the electronic mail cannot be delivered, the operator shall send notice by verified mail to the last known address of the occupant with postage prepaid.

(i) If the operator complies with the requirements of this section, the liability of the operator:

(1) To the occupant, shall be limited to the net proceeds received from the sale of the personal property of the occupant less any proceeds paid to the holders of any lien or security interest of record on the personal property being sold.

(2) To the holders of any lien or security interest of record on the personal property being sold, shall be limited to the net proceeds received from the sale of any personal property covered by the lien or security interest of the holder.
Ala. Code § 8-24-1 — Alabama Code / Title 8 / Chapter 24 / Section 8-24-1
Section 8-24-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.

(2) PRINCIPAL. Any person who does all of the following:

a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.

b. Utilizes sales representatives to solicit orders for the product or products.

c. Compensates the sales representatives, in whole or in part, by commission.

(3) SALES REPRESENTATIVE. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.

(4) TERMINATION. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
Ala. Code § 8-1-223 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-223
Section 8-1-223 Contracts to Be in Writing, Signed, and Supported by Adequate Consideration
Status: in_force

In order to be valid and enforceable, a covered contract shall be in writing, signed by all parties, and supported by adequate consideration.
Ala. Code § 8-9B-8 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-8
Section 8-9B-8 Remedies of Creditor
Status: in_force

(a) In an action for relief against a transfer under this chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain:

(1) avoidance of the transfer to the extent necessary to satisfy the creditor’s claim;

(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii) any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Ala. Code § 8-17-230 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-230
Section 8-17-230 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings:

(1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance in the design and use of legal fireworks.

(2) ASSISTANT. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160.

(3) CO-LEAD. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160 and is in training to become a pyrotechnic display operator or pyrotechnic special effects operator, or both.

(4) CONSUMER FIREWORKS. Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission that are not being modified or used in any way other than as originally intended.

(5) DISPLAY FIREWORKS. Large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation as well as consumer fireworks devices that are being modified and used in a way other than as originally intended.

(6) FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by deflagration or detonation, that meets the definition of consumer fireworks or display fireworks as provided in NFPA 1123 or NFPA 1126.

(7) FIREWORKS DISPLAY. A presentation of fireworks for a public or private gathering.

(8) FLAME EFFECT. The combustion of solids, liquids, or gases utilizing atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience as defined by NFPA 160.

(9) LICENSE HOLDER. An individual employed by a company or organization, or self-employed, who holds a distributor permit in the state and whose employee is licensed as a pyrotechnic display operator or pyrotechnic special effects operator under this article and who is holding the license for a company or individual who is not licensed to conduct a fireworks display, proximate audience display, flame effect, or any other special effects.

(10) NATIONAL FIRE PROTECTION ASSOCIATION (NFPA). A United States trade association that creates and maintains private, copyrighted standards and codes for usage and adoption by local governments.

(11) NFPA 160. The National Fire Protection Association publication relating to standards for flame effects before an audience, as adopted by the State Fire Marshal.

(12) NFPA 1123. The National Fire Protection Association publication relating to a code for fireworks display, as adopted by the State Fire Marshal.

(13) NFPA 1126. The National Fire Protection Association publication relating to standards for the use of pyrotechnics before a proximate audience, as adopted by the State Fire Marshal.

(14) PROXIMATE AUDIENCE DISPLAY. A display in which the audience is closer to pyrotechnic devices than permitted by NFPA 1123.

(15) PYROTECHNIC DISPLAY OPERATOR. A person with overall responsibility for the operation and safety of a fireworks display in accordance with NFPA 1123 who is licensed under this article.

(16) PYROTECHNIC SPECIAL EFFECTS OPERATOR. A person who is responsible for pyrotechnic and special effects safety in accordance with NFPA 1126 and NFPA 160, who controls, initiates, or otherwise creates pyrotechnics and special effects, and is responsible for storing, setting up, and removing special effects, pyrotechnic materials, and devices after a performance.

(17) SUPERVISION. The direction and management of the activities of personnel in the safety, setup, handling, and display of an outdoor pyrotechnic display, a proximate audience display, a flame effect display, or any other use of pyrotechnics.
Ala. Code § 8-17-277 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-277
Section 8-17-277 Enforcement
Status: in_force

To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this section.
Ala. Code § 8-19K-4 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-4
Section 8-19K-4
Status: in_force

An app store provider shall do both of the following after receiving notice of a significant change from a developer:

(1) Notify the user of the significant change.

(2) For a minor account, do both of the following:

a. Notify the holder of the affiliated parent account.

b. Obtain renewed verifiable parental consent before providing access to the significantly changed version of the app.
Ala. Code § 8-19J-9 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-9
Section 8-19J-9
Status: in_force

(a) A developer shall do all of the following:

(1) Verify through the app store’s data sharing methods: (i) the age category of users located in this state; and (ii) for a minor account, whether verifiable parental consent has been obtained.

(2) Notify app store providers of any significant change to an app.

(3) Limit use of age category data received from an app store provider to: (i) enforce developer-created age-related restrictions, protections, or defaults; (ii) ensure compliance with applicable laws or regulations; or (iii) implement safety-related features or defaults.

(4) Request age category data or verifiable parental consent in all of the following scenarios:

a. Whenever an account holder does any of the following:

1. Downloads an app.

2. Purchases an app.

3. Launches a pre-installed app for the first time.

b. When implementing a significant change to an app.

c. To comply with applicable law.

(5) When implementing any developer-created age-related restrictions, safety-related features, or defaults, use the lowest age category indicated by either: (i) age category data received through the app store’s data sharing methods; or (ii) age data independently collected by the developer.

(b) A developer may request age category data in any of the following scenarios:

(1) No more than once during each 12-month period to verify either of the following:

a. The accuracy of age category data associated with an account holder.

b. Continued account use within the age category.

(2) When there is reasonable suspicion of either of the following:

a. Account transfer.

b. Misuse outside of the age category.

(3) At the time an account holder creates a new account with the developer.

(c) A developer may not do any of the following:

(1) Enforce a contract or terms of service against a minor unless the developer has verified through the app store provider that verifiable parental consent has been obtained.

(2) Knowingly misrepresent any information in the parental consent disclosure.

(3) Share age category data with any person.
Ala. Code § 8-19J-14 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-14
Section 8-19J-14
Status: in_force

Nothing in this chapter shall be construed to relieve any person from compliance with any other law of this state that requires age verification.