Ala. Code § 8-7B-13 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-13
Section 8-7B-13
Status: in_force

(a) It is unlawful for any person, in connection with the offer, sale, or purchase of any stablecoin, directly or indirectly, to knowingly:

(1) Employ any device, scheme, or artifice to defraud a person;

(2) Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made not misleading in the light of the circumstances under which the statements are made; or

(3) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person.

(b)(1) A person that knowingly violates subsection (a) shall be guilty of a Class B felony.

(2) The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

(c) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or intentionally makes a false entry or omits a material entry in such a record is guilty of a Class C felony.

(d) A person that intentionally engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives more than five thousand dollars ($5,000) in compensation within a 30-day period from this activity is guilty of a Class C felony.

(e) A person that intentionally engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives five thousand dollars ($5,000) or less in compensation within a 30-day period from this activity is guilty of a Class D felony.

(f) The enforcement of this chapter shall be vested in the commission. It is the duty of the commission to enforce this chapter and to investigate, prevent, and detect violations of this chapter. The commission is vested with the rights, privileges, and powers conferred by law upon district attorneys, including the power to appear before grand juries and to interrogate witnesses before a grand jury. A district attorney may empower the commission to proceed on his or her behalf in any proceeding under this chapter.

(g) In any proceeding under this chapter, intent or knowledge need not be alleged and proved in prosecutions of violations involving unlicensed issuers.

(h) A proceeding under this chapter shall not preempt or foreclose any criminal action or liability that may arise under any other criminal provision.
Ala. Code § 8-22-3 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-3
Section 8-22-3 Legislative Declaration and Intent
Status: in_force

It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or inducement to sell motor fuel in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of motor fuel below cost or at a cost lower than charged other persons on the same marketing level with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales. The purpose of the Motor Fuel Marketing Act is to carry out that policy in the public interest, providing for exceptions under stated circumstances, providing for enforcement and providing penalties.
Ala. Code § 8-8-12 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-12
Section 8-8-12 Enforcement of Usurious Contracts
Status: in_force

(a) Except as otherwise permitted by law, all contracts for the payment of interest upon the loan or forbearance of goods, money, things in action, or upon any contract whatever at a higher rate than is prescribed in this chapter are usurious and cannot be enforced except as to the principal.

(b) The borrower of money at a usurious rate of interest shall not in any case be required to pay more than the principal sum borrowed, and if any interest has been paid, the same must be deducted from the principal and judgment entered for the balance only; provided, however, that the defense of usury may not be pleaded against a holder in due course of any negotiable instrument.
Ala. Code § 8-16-57 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-57
Section 8-16-57 Certificates to Contain Accurate Weight
Status: in_force

All certificates of weights and measures, as provided by this article, shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster.
Ala. Code § 8-21B-8 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-8
Section 8-21B-8 Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages
Status: in_force

(a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to meet reasonable qualifications and standards required by the supplier for its dealers.

(b) No supplier shall engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable and which causes damage to the dealer.

(c) No supplier, without notice to existing dealers, shall enter into a dealer agreement with another dealer who intends to conduct its dealership operations from a place of business within the relevant market area of an existing dealer or dealers representing the same line of heavy equipment. The appointment of a successor dealer at the same location as its predecessor or within a two-mile radius therefrom within two years from the date on which its predecessor ceased operations or was terminated, whichever occurred later, shall not be construed as the entering into of an additional dealer agreement. Any supplier which intends to enter into a dealer agreement with another dealer in the relevant market area, at least 60 days prior to entering into such dealer agreement, shall give written notice of its intention to do so to each dealer of the same line make within the relevant market area. The notice shall state the date on or after which such proposed dealer agreement shall be entered into. Prior to the date set forth in the notice on or after which such dealer agreement will be entered into, any dealer in the relevant market area may file a civil action to determine whether the additional dealer agreement is unreasonable in which action the supplier shall have the burden of proof that the action is not unreasonable. No bond shall be required as a precondition to entry of an injunction enjoining the entering into of the additional dealer agreement. In determining whether an additional dealer agreement is unreasonable, the court shall consider all pertinent circumstances, including the following:

(1) Whether the establishment of another dealer is warranted by economic and marketing conditions including anticipated future changes.

(2) The past, present, and anticipated retail sales and service business transacted by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.

(3) The investment made and obligations incurred by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.

(d) No supplier shall require a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel which would relieve any person from any liability or obligation under this chapter, which would limit the entitlement to recover damages under this chapter or other Alabama law, or which would waive the right to trial by jury. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or release. Nothing in this chapter shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.

(e) No supplier shall willfully discriminate, either directly or indirectly, in price, programs, or terms of sale offered to dealers in this state when the effect of such discrimination may be to substantially lessen competition or to give one dealer who has a dealer agreement with the supplier any economic, business, or competitive advantage not offered to other dealers who have dealer agreements with such supplier.
Ala. Code § 8-32-2 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-2
Section 8-32-2 Definitions
Status: in_force

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

(1) ADMINISTRATOR. The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter.

(2) COMMISSIONER. The Commissioner of Insurance of this state.

(3) CONSUMER. A natural person who buys, primarily for personal, family, or household purposes, and not for resale, any tangible personal property normally used for personal, family, or household purposes and not for commercial or research purposes.

(4) MAINTENANCE AGREEMENT. A contract of limited duration that provides for scheduled maintenance only.

(5) MANUFACTURER. A person that is one of the following:

a. A manufacturer or producer of property that sells the property under its own name or label.

b. A subsidiary of the person who manufactures or produces the property.

c. A corporation which owns at least 80 percent of the person who manufactures or produces the property.

d. A person who manufactures or produces the property even though the property is sold under the trade name or label of another person.

(6) MECHANICAL BREAKDOWN INSURANCE. For purposes of this chapter, a policy, contract, or agreement issued by an authorized insurance company directly to a consumer or other owner of property that provides for, among other coverages, the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear.

(7) NON-ORIGINAL MANUFACTURER’S PARTS. Replacement parts not made for or by the original manufacturer of the property, commonly referred to as “after market parts.”

(8) PERSON. An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert.

(9) PREMIUM. The consideration paid to an insurer for a reimbursement insurance policy.

(10) PROVIDER. A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract.

(11) PROVIDER FEE. The total purchase price paid for a service contract. In cases where a reimbursement insurance policy is issued to a provider, the “provider fee” is the total purchase price paid for a service contract net of the premium.

(12) REIMBURSEMENT INSURANCE POLICY. A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider.

(13) ROAD HAZARD. A hazard that is encountered while driving a motor vehicle, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.

(14) SERVICE CONTRACT. A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. Service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling. “Service contract” does not include warranties, mechanical breakdown insurance, or maintenance agreements. A service contract is not insurance for any purpose, including, but not limited to, compliance with the Alabama Insurance Code, other than for the purpose of a service contract holder’s claim against a service contract provider for failure to comply with the provisions of the service contract if so provided by other law. Service contract services include, but are not limited to, the following:

a. The repair or replacement of tires or wheels, or both, on a motor vehicle damaged as a result of coming into contact with a road hazard.

b. The removal of dents, dings, or creases on a motor vehicle that may be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting.

c. The repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard that is primary to the coverage offered by the motor vehicle owner’s motor vehicle insurance policy.

d. The replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen.

e. Other services which may be approved by the commissioner, if not inconsistent with this chapter.

(15) SERVICE CONTRACT HOLDER or CONTRACT HOLDER. A person who is the purchaser or holder of a service contract.

(16) WARRANTY. A warranty made by the manufacturer, importer, distributor, or seller of property or services without consideration stated separately from the price of the property or services sold, that is not negotiated separate from the sale of the product and is incidental to the sale of the product, that guarantees repair or replacement, or indemnity for repair or replacement, for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services.
Ala. Code § 8-17-3 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-3
Section 8-17-3 When Deemed Adulterated
Status: in_force

Brake fluid shall be deemed to be adulterated unless it meets the minimum standards for purity and quality as such standards for brake fluid are established by the State Board of Agriculture and Industries under the provisions of this article. Brake fluid shall also be deemed to be adulterated if it contains any substance or preparation which renders it unsuitable for use as a brake fluid or will impair the normal operation of a hydraulic brake system.
Ala. Code § 8-26-12 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-12
Section 8-26-12 Filing and Registration Fees
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-6-7 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-7
Section 8-6-7 Registration of Securities - Registration by Qualification
Status: in_force

(a) Any security may be registered by qualification.

(b) A registration statement under this section shall contain the following information and be accompanied by the following documents in addition to payment of the registration fee prescribed in Section 8-6-8 and, if required under Section 8-6-12, a consent to service of process meeting the requirements of that section:

(1) With respect to the issuer and any significant subsidiary, its name, address and form of organizations, the state or foreign jurisdiction and date of its organization, the general character and location of its business and a description of its physical properties and equipment;

(2) With respect to every director and officer of the issuer or person occupying a similar status or performing similar functions, his name, address, and principal occupation for the past five years, the amount of securities of the issuer held by him as of the date of the offering and a record of any securities of the issuer held by him previous to the filing of the application and the offering date and the remuneration paid to all such persons in the aggregate during the past 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer and its predecessors, parents, and subsidiaries;

(3) With respect to any person not named in subdivision (b) (2), owning of record, or beneficially if known, 10 percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in subdivision (b) (2) of this section other than his occupation;

(4) With respect to every promoter not named in subdivision (b) (2) of this section, if the issuer was organized within the past three years, the information specified in subdivision (b) (2), any amount paid to him and the consideration for any such payment;

(5) The capitalization and long-term debt, on both a current and a pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, goodwill, or anything else, for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities;

(6) The kind and amount of securities to be offered, the amount to be offered in this state, the proposed offering price and any variation therefrom at which any portion of the offering is to be made to any persons except as underwriting and selling discounts and commissions, the estimated aggregate underwriting and selling discounts or commissions and finders’ fees, including separately cash, securities, or anything else of value to accrue to the underwriters in connection with the offering, the estimated amounts of other selling expenses and legal, engineering and accounting expenses to be incurred by the issuer in connection with the offering, the name and address of every underwriter and every recipient of a finder’s fee, a copy of any underwriting or selling group agreement pursuant to which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined, and a description of the plan of distribution of any securities which are to be offered otherwise than through an underwriter;

(7) The estimated cash proceeds to be received by the issuer from the offering, the purposes for which the proceeds are to be used by the issuer, the amount to be used for each purpose, the order or priority in which the proceeds will be used for the purpose stated, the amounts of any funds to be raised from other sources to achieve the purposes stated and the sources of any such funds and, if any part of the proceeds is to be used to acquire any property, including goodwill, otherwise than in the ordinary course of business, the names and addresses of the vendors and the purchase price;

(8) A description of any stock options or other security options outstanding or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in subdivisions (b) (2), (b) (3), (b) (4), (b) (5) or (b) (7) of this section and by any persons who hold or will hold 10 percent or more in the aggregate of any such options;

(9) The states in which a registration statement or similar document in connection with the offering has been or is expected to be filed;

(10) Any adverse order or judgment previously entered in connection with the offering by any court or the securities and exchange commission and a description of any pending litigation or proceeding to which the issuer is a party and which materially affects its business or assets, including any such litigation or proceeding known to be contemplated;

(11) Six copies of any prospectus or circular intended as of the effective date to be used in connection with the offering;

(12) A specimen or copy of the security being registered, a copy of the issuer’s articles of incorporation and bylaws as currently in effect, and a copy of any indenture or other instrument covering the security to be registered;

(13) A signed or conformed copy of an opinion of counsel as to the legality of the security being registered, which shall state whether the security when sold will be legally issued, fully paid and nonassessable, and, if a debt security, a binding obligation of the issuer;

(14) A balance sheet of the issuer as of a date within four months prior to the filing of the registration statement, a profit and loss statement and analysis of surplus for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the last fiscal year and the date of the balance sheet or for the period of the issuer’s and any predecessor’s existence if less than three years, and, if any part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant.

(c) A registration statement under this section becomes effective when the Securities Commission so orders. The commission may require as a condition of registration under this section that a prospectus containing any designated part of the information specified in subsection (b) of this section to be sent or given to each person to whom an offer is made before or concurrently with:

(1) The first written offer made to him, otherwise than by means of a public advertisement, by or for the account of the issuer or any other person on whose behalf the offering is being made, or by any underwriter or dealer who is offering part of an unsold allotment or subscription taken by him as a participant in the distribution,

(2) The confirmation of any sale made by or for the account of any such person,

(3) Payment pursuant to any such sale, or

(4) Delivery of the security pursuant to any such sale, whichever first occurs; but the commission shall accept for use under any such requirement a current prospectus or offering circular regarding the same securities filed under the Securities Act of 1933 or regulations thereunder.
Ala. Code § 8-21B-11 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-11
Section 8-21B-11 Indemnification
Status: in_force

Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys’ fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either of the following:

(1) The manufacture, assembly, or design of heavy equipment, parts, or accessories by the supplier.

(2) Other functions by the supplier beyond the control of the dealer including, without limitation, the selection by the supplier of parts or components for the heavy equipment.
Ala. Code § 8-6-146 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-146
Section 8-6-146 Death of Owner
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Ala. Code § 8-26B-59 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-59
Section 8-26B-59 Employment Status of Student Athlete with a Postsecondary Education 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 § 8-19K-2 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-2
Section 8-19K-2
Status: in_force

(a) An app store provider shall do both of the following when an individual located in this state creates an account with the app store provider, or before October 1, 2027, for all accounts in existence on January 2, 2027:

(1) Request age category information from the individual.

(2) Verify the individual’s age category using one of the following:

a. Commercially available methods that are reasonably designed to ensure accuracy.

b. An age verification system that complies with rules adopted pursuant to this chapter.

(b) For the purposes of this section, a method is commercially available if the method includes both: (i) affirmative age attestation by an individual who is reasonably believed to be the parent or legal guardian of the minor; and (ii) other information collected in the ordinary course of account creation or use.
Ala. Code § 8-20A-5 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-5
Section 8-20A-5 No Dealership Liability
Status: in_force

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
Ala. Code § 8-19A-3 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-3
Section 8-19A-3 Definitions
Status: in_force

As used in this chapter and Chapter 19C, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) CALLER IDENTIFICATION SERVICE. A type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls.

(2) COMMERCIAL TELEPHONE SELLER. Any person who engages in commercial telephone solicitation on his or her own behalf or through salespersons, except that a commercial telephone seller does not include any of the persons or entities exempted from this chapter by Section 8-19A-4. A commercial telephone seller does not include a salesperson as defined in subdivision (15). A commercial telephone seller includes, but is not limited to, owners, operators, officers, directors, partners, or other individuals engaged in the management activities of a business entity pursuant to this chapter.

(3) COMMERCIAL TELEPHONE SOLICITATION.

a. An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with this chapter for the purpose of inducing the person to purchase or invest in consumer goods or services.

b. Other communication with a person where:

1. A gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication.

2. A telephone call response is invited.

3. The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call.

c. Other communication with a person which represents a price, quality, or availability of consumer goods or services and which invites a response by telephone or which is followed by a call to the purchaser by a salesperson. For purposes of this section, “other communication” means a written or oral notification or advertisement transmitted through any means. Also, for purposes of this section, “invites a response by telephone” does not mean the mere listing or including of a telephone number in a notification or advertisement.

(4) COMMISSION. The Alabama Public Service Commission.

(5) CONSUMER. An actual or prospective purchaser, lessee, or recipient of consumer goods or services.

(6) CONSUMER GOODS OR SERVICES. Any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes including, without limitation, any property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as cemetery lots, timeshare estates and licenses, and any services related to the property.

(7) DIVISION. The Consumer Division of the Office of the Attorney General.

(8) DOING BUSINESS IN THIS STATE. Businesses conducting telephonic sales calls from a location in Alabama or from other states or nations to consumers located in Alabama.

(9) ENFORCING AUTHORITY. The division or the office of the district attorney if a violation of this chapter occurs in or affects the judicial circuit under the jurisdiction of the office of the district attorney.

(10) GIFT, AWARD, or PRIZE. A gratuity which the purchaser believes to be of value.

(11) INDIVIDUAL. A single human being but does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity.

(12) MERCHANT. A person who, directly or indirectly, offers or makes available to consumers any consumer goods or services.

(13) PERSON. Any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity.

(14) PURCHASER. A person who is solicited to become or does become obligated to a commercial telephone seller.

(15) SALESPERSON. Any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. A salesperson, however, does not include individuals exempted from this chapter by Section 8-19A-4 or employees or agents of persons exempted from this chapter by Section 8-19A-4, or companies and individuals under contract with persons exempted from this chapter by Section 8-19A-4 when liability is assumed by the exempt entity.

(16) TELEMARKETER or TELEPHONE SOLICITOR. Any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call.

(17) TELEMARKETING or TELEPHONE SOLICITATION. A voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services, but does not include communications by or on behalf of any of the exempt persons in Section 8-19A-4.

(18) TELEPHONE SOLICITATION CALL. A call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

(19) UNSOLICITED SOLICITATION SALES CALL. A telephonic sales call other than a call made to a person with whom the telephone solicitor has a prior or existing business relationship; or by a newspaper publisher or his or her agent or employee in connection with his or her business; or any of the exempt persons in Section 8-19A-4.
Ala. Code § 8-1-224 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-224
Section 8-1-224 Liability for Breach of Non-disparagement Obligation
Status: in_force

In order to be enforceable, a covered contract shall state in writing that the obligated party may not be held liable for breach of the non-disparagement obligation if the obligated party makes an otherwise disparaging statement in good faith and solely for any of the following purposes:

(1) To communicate with a law enforcement officer acting within the line and scope of the officer’s law enforcement duties that a violation of the law has occurred or is occurring.

(2) To communicate with a government regulator acting within the line and scope of the regulator’s regulatory duties that a violation of the law has occurred or is occurring.

(3) To respond to a lawfully served judicial, grand jury, or other lawful subpoena.

(4) To testify in a judicial or administrative proceeding in response to a lawfully served subpoena or an order of a court of competent jurisdiction.

(5) To confer with the obligated party’s attorney for the purpose of obtaining legal advice or representation.

(6) To respond to lawful discovery in a judicial or administrative action; provided the disparaging statement is either ordered by a court of competent jurisdiction or made in compliance with a protective order entered by the same court.

(7) To prosecute or defend a civil action between or among parties to a covered contract; provided the party making the disparaging statement attempts to and, if permitted by law, does file the disparaging statement and any related pleading under seal or in compliance with a protective order entered by a court of competent jurisdiction in the civil action.

(8) To exercise federally protected statutory rights, including, but not limited to, the exercise of rights under the National Labor Relations Act or the Civil Rights Act of 1964, as amended.
Ala. Code § 8-17-278 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-278
Section 8-17-278 Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund
Status: in_force

There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies recovered as penalties under Section 8-17-275. The monies shall be deposited to the credit of the fund and shall, in addition to any other monies made available for that purpose, be made available to the State Fire Marshal to support fire safety and prevention programs. All payments from the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund shall be made on the audit and warrant of the state Comptroller on vouchers certified and submitted by the State Fire Marshal.
Ala. Code § 8-33-12 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-12
Section 8-33-12 Rules and Regulations
Status: in_force

The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
Ala. Code § 8-7A-13 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-13
Section 8-7A-13 Reports
Status: in_force

(a) A licensee shall file a report to the commission within 15 business days of any material change in information provided in a licensee’s application.

(b) A licensee shall file a report with the commission within five business days after the licensee has reason to know of the occurrence of any of the following events:

(1) The filing of a petition by or against the licensee under the United States Bankruptcy Code for bankruptcy or reorganization.

(2) The filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors.

(3) The commencement of a proceeding to revoke or suspend its license in a state or country in which the licensee engages in business or is licensed.

(4) The cancellation or other impairment of the licensee’s bond or other security.

(5) A charge or conviction of the licensee or of an executive officer, manager, commission, or other control person of the licensee for a felony.

(6) A charge or conviction of an authorized delegate of the licensee for a felony.

(7) The executive officers, managers, directors, an authorized delegate, or persons in control of the licensee are named in any material civil litigation or class action.

(c) (1) A licensee shall give notice of a proposed change of control within 15 days after learning of the proposed change in control.

(2) The commission shall approve a request for change of control if, after investigation, the commission determines that the person or group of persons requesting approval has the competence, experience, character, and general fitness to operate the licensee or person in control of the licensee in a lawful and proper manner and that the public interest will not be jeopardized by the change of control.

(3) The commission shall approve or deny a request for change of control within 120 days after the notice. If the request has not been approved or denied within 120 days, the request will be deemed to have been approved and will take effect on the first day after the expiration of the 120 days.

(d) A licensee and an authorized delegate shall maintain a file of all reports required by federal currency reporting, record keeping, and suspicious transaction reporting requirements as set forth in 31 U.S.C. Section 5311 (1994), and other federal and state laws pertaining to money laundering. If an investigation or other inquiry is initiated by any regulatory authority, the licensee shall immediately notify the commission and forward all records associated with such investigation or inquiry.
Ala. Code § 8-26-5 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-5
Section 8-26-5 Application for Registration
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-17-136 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-136
Section 8-17-136 Changing Contents of Containers
Status: in_force

It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, or other container, any liquid motor fuel, lubricating oil, grease or similar petroleum products other than those to be stored therein and distributed therefrom, as indicated by the brand, name, trade name, trademark, symbol or sign of the manufacturer or distributor appearing on the tank, pump, container, or other distributing equipment from which the same is sold, offered for sale or distributed.
Ala. Code § 8-13-18 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-18
Section 8-13-18 Daily Report of Merchandise Received; Failure to Report Ground for License Revocation
Status: in_force

A licensee in a going out of business sale or distress merchandise sale shall file with the probate judge issuing the license a daily report under oath of merchandise received. The report shall show the quantity, kind, and grade of each item received, the supplier of each item, and the wholesale value thereof. Failure to report any receipt of goods while a license is in force is ground for revocation of the license, in the discretion of the probate judge issuing the same.
Ala. Code § 8-12-22 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-22
Section 8-12-22 Use, Furnishing, Trafficking, or Possession of Containers Without Consent Presumptive Evidence of Unlawful Use or Purchase
Status: in_force

The use by any person or corporation, other than the person or corporation whose name, mark, or device may be, or may have been, upon the same, without the written consent of, or purchase from, the owner of any bottle, box, siphon, fountain, or keg, a description of the name, mark, or device whereon shall have been filed and published as provided in Section 8-12-20, for the sale of soda water, mineral, or aerated water, ginger ale, milk, cream, beer, ale, or other beverages, any article of merchandise, medicines, compounds, or preparations, or for the furnishing of such similar beverages to customers or the buying, selling, using, disposing of, or trafficking in any such bottles, boxes, siphons, fountains, or kegs by any person or corporation other than the person or corporation owning the name, mark, or device thereon of such owner, without his written consent, or the having by any junk dealer, or dealer in secondhand articles, possession of any such bottles, siphons, boxes, fountains, or kegs without the written consent of the owner, shall be presumptive evidence of the unlawful use or purchase of or traffic in such bottles, boxes, siphons, fountains, or kegs.
Ala. Code § 8-7A-3 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-3
Section 8-7A-3 Exclusions
Status: in_force

This chapter does not apply to any of the following:

(1) The United States or a department, agency, or instrumentality thereof.

(2) The transmission of money by the United States Postal Service or by a contractor on behalf of the United States Postal Service.

(3) A state, county, city, or any other governmental agency or governmental subdivision of a state.

(4) Electronic funds transfer of governmental benefits for a federal, state, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality thereof.

(5) A board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C. Sections 1-25 (1994), or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board.

(6) A registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.

(7) A bank, bank holding company, office of an international banking corporation, or a branch of a foreign bank, provided that such international banking corporation or foreign bank is subject to regulation significantly similar to United States or state chartered banks and deposits are insured.
Ala. Code § 8-11-5 — Alabama Code / Title 8 / Chapter 11 / Section 8-11-5
Section 8-11-5 Taking Rebate, Etc., by Factor, Commission Merchant, Broker, Attorney, Auctioneer, or Agent
Status: in_force

Any factor, commission merchant, broker, attorney, auctioneer, architect, or agent who is employed or authorized to sell the property of another or to contract for, survey, locate, estimate for, or superintend any work and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the purchaser, contractor, or any person who is employed to store, move, handle, transport, insure, repair, or do any act or service in or about the taking care of, preserving, and marketing such property any rebate, discount, drawback, return commission, gift, or gratuity, who charges his principal on account of any one or more of the above enumerated services more than he actually paid therefor or who buys any property or thing for his principal and charges his principal more than he actually paid therefor, must be punished on conviction as if he had stolen it.
Ala. Code § 8-16-104 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-104
Section 8-16-104 Sale of Ice Regulated
Status: in_force

(a) It shall be unlawful for any person, firm or corporation to sell ice in any other manner than by weight.

(b) All ice shall be correctly weighed by the seller at the time of delivery to the purchaser. All agents or employees of any person, firm or corporation engaged in the sale and delivery of ice shall be provided with suitable and correct weighing devices to be used for the purpose of correctly weighing each piece of ice delivered.

(c) It shall be unlawful for any such agent or employee to report or make a charge for any quantity of ice in excess of the quantity in pounds, or fraction thereof, actually delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight slip at the time of delivery containing the name of the person, firm or corporation selling the ice, the number of pounds sold and signed by the agent or employee of such person, firm or corporation.

(d) Whoever, being engaged in the business of selling ice at retail and not engaged in the delivery of the same under a contract, refuses to sell from any place or vehicle engaged in the regular distribution of ice at retail a piece of ice at the fair value thereof to any person other than an ice dealer shall, if such person tenders in payment the fair value thereof in the amount of $.05 or any multiple thereof not more than $.50 in legal money of the United States, be guilty of a misdemeanor.
Ala. Code § 8-9B-12 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-12
Section 8-9B-12 Application to Series Organization
Status: in_force

(a) In this section:

(1) “Series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2).

(2) “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:

(i) The public organic record of the organization provides for creation by the organization of one or more series, however denominated, with respect to specified property of the organization, and for records to be maintained for each series that identify the property of or associated with the series.

(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular series is enforceable against the property of or associated with the series only, and not against the property of or associated with the organization or associated with any other series of the organization.

(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a series of the organization.

(b) A series organization and each series of the organization is a separate person for purposes of this chapter, even if for other purposes a series is not a person separate from the organization or other series of the organization.
Ala. Code § 8-16-7 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-7
Section 8-16-7 Powers of Commissioner and Local Sealers in Supervising Weights and Measures
Status: in_force

(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within the state, the county sealer within the county and the city sealer within the city shall have the power and it shall be their duty to inspect, test, try, and ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or reward, in computing any charge for services rendered on the basis of weight or measure or in determining weight or measure when a charge is made for such determination.

(b) They shall have the power to, and shall from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered, or exposed for sale, sold, or in the process of delivery in order to determine whether the same contain the amount represented and whether they are offered for sale or sold in a manner in accordance with the law.

(c) They shall, at least once each year and more often as they may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct.

(d) They, for the purpose above mentioned and in the general performance of their official duties, at any reasonable time, may enter and go into or upon, without formal warrant, any stand, place, building, or premises or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever and require him or her, if necessary, to proceed to some place which the local sealer may specify for the purpose of making the proper test.

(e) The commissioner may perform such testing of weighing or measuring devices through a registered service agent. The commissioner’s duty to inspect and test weighing or measuring devices used for commercial transaction is fulfilled by the registered service agent’s inspection and test for accuracy.

(f) A registered service agent shall perform the inspection and test of weighing and measuring devices in accordance with the rules promulgated by the Board of Agriculture and Industries. The registered service agent who performs the recalibration or repair may be, but is not required to be, the same registered service agent who performed the inspection. The registered service agent who performs the inspection and test of weighing and measuring devices may be an agent or employee of the owner or an affiliate of the owner of the weighing and measuring devices.

(g) The Department of Agriculture and Industries shall approve a decal and upon approval, the department shall provide a decal to registered service agents. After the device meets all requirements as promulgated by the Board of Agriculture and Industries the registered service agent shall place an approved decal conspicuously on the weighing or measuring device.

(h) The registered service agent shall provide all inspection and test reports of the weighing or measuring devices to the commissioner. The commissioner may adopt a uniform reporting system to be utilized by all registered services.

(i) The commissioner may adopt a system to periodically monitor, inspect, or test such weighing or measuring devices to check the accuracy of the work of the registered service agent.

(j) The power conferred on the commissioner in subsection (d) shall not apply to a registered service agent.

(k) Beginning October 1, 2013, the commissioner may suspend or revoke the certificate of registration of a registered service agent for violating any provisions of this article.

(l) If the certificate of registration of a registered service agent has been suspended or revoked, then the service agent may not register with the department as a service agent for at least one year.

(m) Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures finds a violation of the statutes relating to weights and measures, he or she shall cause the violator to be prosecuted.

(n) Notwithstanding the provisions of this section, the testing, inspection, and examination of all weights, measures, and weighing or measuring devices is subject to the oversight authority of the commissioner as set forth hereinabove.
Ala. Code § 8-26-4 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-4
Section 8-26-4 Registration of Athlete Agents Required
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19G-9 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-9
Section 8-19G-9 Notices Required from Commercial Entities Using Age Verification Methods
Status: in_force

(a) A commercial entity required to use reasonable age verification methods under Section 8-19G-3 shall do all of the following:

(1) Display the following notices on the home or landing page of the adult website on which sexual material harmful to minors is published or distributed and all advertisements thereof:

“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”

“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.”

“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography.”

(2) Display the following notice on every page of the adult website:

“U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE:

“1-800-662-HELP (4357)

“THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS.”

(b) A violation of this section shall be punished as provided under Section 8-19G-6 or Section 8-19G-7.

(c) Each notice required under this section shall be displayed in 14 point font or greater and in a conspicuous manner.
Ala. Code § 8-33-10 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-10
Section 8-33-10 Record Keeping Requirements
Status: in_force

(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.

(b) A vehicle protection product warrantor’s accounts, books, and records shall include:

(1) Copies of all vehicle protection product warranties.

(2) The name and address of each warranty holder.

(3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.

(c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state.

(d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for examination.
Ala. Code § 8-26B-4 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-4
Section 8-26B-4 Athlete Agent; Registration Required; Void Contract
Status: in_force

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter.

(b) Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:

(1) a student athlete or another person acting on behalf of the athlete initiates communication with the individual; and

(2) not later than seven days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.

(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
Ala. Code § 8-17-96 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-96
Section 8-17-96 Inspection Fee Permit; Liability of Surety
Status: in_force

(a) The supplier or permissive supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the federal government at the rack, or the supplier or permissive supplier selling dyed diesel fuel or dyed kerosene at the rack at an out-of-state terminal to an importer for delivery into Alabama that does not have a valid inspection fee permit issued by the Alabama Department of Revenue, or the person first selling, the person importing, or the person who makes application to become an inspection fee permit holder of dyed diesel fuel, dyed kerosene, or lubricating oil in this state shall submit an application for an inspection fee permit to the department, which shall be approved by the department. Upon approval of the inspection fee application, the department shall issue to the applicant an inspection fee permit. This permit is not transferable and remains in effect until surrendered or canceled.

(b) The surety will remain liable for any liability that has accrued or will accrue prior to May 16, 2017.
Ala. Code § 8-26-28 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-28
Section 8-26-28 Rules and Regulations
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-21B-6 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-6
Section 8-21B-6 Consent to Transfers
Status: in_force

(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer’s business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a dealer’s request to make a transfer under this subsection.

(b) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
Ala. Code § 8-12-3 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-3
Section 8-12-3 Defacing Identifying Mark on Encumbered Personal Property; Presumption of Guilt by Possession
Status: in_force

(a) Any person who defaces, or permits the same to be done, with intent to defraud any trademark, or other identifying mark, on any automobile motor, other motor, guns, electrical equipment, radios, motor vehicles, refrigerators, furniture, household or office equipment, or any other personal property, when such property is encumbered with a mortgage, conditional sale contract, or other lien, shall be guilty of a misdemeanor, shall be fined on conviction not less than $25 nor more than $500 and may be imprisoned in the county jail or sentenced to hard labor for not more than six months.

(b) Any person, other than the absolute owner of the property while the same is free and clear of mortgages, retention of title contracts or other encumbrances, found in possession of such property under any claim of right with knowledge that the property has been defaced by a person or persons with intent to defraud after the trademarks or other identifying marks have been defaced, shall be presumed to be guilty of defacing such marks, and shall be punished as provided in this section unless the person in possession overcomes the presumption by clear and convincing proof.
Ala. Code § 8-17-293 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-293
Section 8-17-293 Liability Insurance
Status: in_force

An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusement ride or water slide providing coverage, subject to a limit, exclusive of interest and costs, of not less than one million dollars ($1,000,000) for bodily injury or death of one individual in each occurrence, and, subject to such limit for one individual, to a limit of not less than one million dollars ($1,000,000) for bodily injury or death of two or more individuals in each occurrence.
Ala. Code § 8-6-117 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-117
Section 8-6-117 Appeals or References to Securities Commission
Status: in_force

When a stop order has been issued by the director, the issuer shall have the right to appeal the matter to the commission by notice in writing of such appeal delivered to the director. The director shall have the right to refer to the commission the matter of any issue of industrial revenue bonds proposed in a notification as to which a stop order is then in effect or which have been reauthorized by the governing body of the issuer pursuant to Section 8-6-116, and to request that the commission issue a permanent stop order. Notice of such reference and request shall be given in writing and served upon the issuer. The director shall mail to each member of the council a copy of each notice required by this section as soon as it is delivered to him or prepared for service upon the issuer.
Ala. Code § 8-17-20 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-20
Section 8-17-20 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) DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCE.

Each and all of the acids, alkalis, and substances named below:

a. Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCL) in a concentration of 10 percent or more;

b. Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;

c. Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more;

d. Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more;

e. Oxalic acid or any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;

f. Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;

g. Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more;

h. Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;

i. Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;

j. Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;

k. Silver nitrate, sometimes known as luna caustic, or any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more;

l. Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of five percent or more.

(2) MISBRANDED PARCEL, PACKAGE, OR CONTAINER. A retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label, or sticker containing the name of the article, the name and place of business of the manufacturer, packer, seller, or distributor, the word “Poison,” running parallel with the main body of reading matter on said label, or sticker on a clear, plain background of a distinctly contrasting color in uncondensed gothic capital letters, the letters to be not less than 24-point size unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker and directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
Ala. Code § 8-7-8 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-8
Section 8-7-8 License - Issuance
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-40-3 — Alabama Code / Title 8 / Chapter 40 / Section 8-40-3
Section 8-40-3 Consumer Remedies for Purchase of Inauthentic Collectible Item
Status: in_force

(a) A consumer who purchases an authenticated collectible from a dealer based on a representation that the collectible is authentic is entitled to recover from the dealer the full purchase price of the collectible plus damages within three years of the purchase if the consumer presents substantial evidence to the dealer that the collectible is in fact not authentic.

(b) A consumer may file a civil action to enforce the rights provided by this chapter.

(c) The remedies specified in this section are in addition to, and not in lieu of, any other remedy that may be provided by law.
Ala. Code § 8-23-9 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-9
Section 8-23-9 Effect of Noncompliance with Chapter
Status: in_force

Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.
Ala. Code § 8-1A-2 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-2
Section 8-1A-2 Definitions
Status: in_force

As used in this chapter, each of the following words have the following meanings:

(1) AGREEMENT. The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2) AUTOMATED TRANSACTION. A transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3) COMPUTER PROGRAM. A set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(4) CONSUMER. An individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.

(5) CONTRACT. The total legal obligation resulting from the parties’ agreement as affected by this chapter and other applicable law.

(6) ELECTRONIC. Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic, or similar capabilities.

(7) ELECTRONIC AGENT. A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(8) ELECTRONIC RECORD. A record created, generated, sent, communicated, received, or stored by electronic means.

(9) ELECTRONIC SIGNATURE. An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(10) GOVERNMENTAL AGENCY. An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(11) INFORMATION. Data, text, images, sounds, codes, computer programs, software, databases, or the like.

(12) INFORMATION PROCESSING SYSTEM. An electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(13) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(14) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) SECURITY PROCEDURE. A procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(16) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

(17) TRANSACTION. An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
Ala. Code § 8-17-233 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-233
Section 8-17-233 Reciprocity
Status: in_force

(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age and satisfy the requirements of subsection (b) or subsection (c).

(b) For a pyrotechnic display operator license, the applicant shall submit all of the following to the State Fire Marshal:

(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.

(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.

(3) Verifiable evidence of safe performances as an operator for at least six fireworks displays.

(4) A copy of the license of the applicant issued by the other state.

(5) A reciprocal license fee of one hundred twenty dollars ($120).

(c) For a pyrotechnic special effects operator license, the applicant shall submit all of the following to the State Fire Marshal:

(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.

(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.

(3) Verifiable evidence of safe performances as an operator for at least six proximate audience displays.

(4) A copy of the license of the applicant issued by the other state.

(5) A reciprocal license fee of one hundred twenty dollars ($120).

(d) A reciprocal license shall expire two years after issuance, unless renewed before expiration.
Ala. Code § 8-16-106 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-106
Section 8-16-106 Requesting False or Incorrect Weighing or Certificate; Unauthorized Issuance of Certificate
Status: in_force

Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or article falsely or incorrectly or who shall request a false or incorrect certificate of weight or measure and any person issuing a certificate of weights and measures who is not a weighmaster as provided for in this chapter shall be guilty of a misdemeanor.
Ala. Code § 8-9B-15 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-15
Section 8-9B-15 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 8-19G-3 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-3
Section 8-19G-3 Use of Age-Verification for Minors on Certain Adult Websites
Status: in_force

(a) Any commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors through an adult website shall use a reasonable age-verification method to provide reasonable assurance that individuals under 18 years of age cannot access the material harmful to minors.

(b) Nothing in this section shall apply to a bona fide news-gathering organization.
Ala. Code § 8-17-212 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-212
Section 8-17-212 Assignment and Utilization of Permit Numbers
Status: in_force

The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or wholesaler.
Ala. Code § 8-27-1 — Alabama Code / Title 8 / Chapter 27 / Section 8-27-1
Section 8-27-1 Short Title
Status: in_force

This chapter may be cited as the “Alabama Trade Secrets Act.”
Ala. Code § 8-5-22 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-22
Section 8-5-22 Right to Assign Interest in Crops
Status: in_force

Nothing in Section 8-5-21 shall be construed to affect the right of the laborer under Section 35-9-37 to assign his interest in a crop.
Ala. Code § 8-13-20 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-20
Section 8-13-20 False Bidders, Etc., Prohibited
Status: in_force

No person who is not a bona fide potential purchaser shall act at any going out of business sale or distress merchandise sale as bidder, or what is commonly known as a “capper,” “booster,” or “shiller,” or offer or make any false bid to buy any article sold or offered for sale at any going out of business sale or distress merchandise sale.
Ala. Code § 8-7A-26 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-26
Section 8-7A-26 Making, Amending, and Rescinding Rules and Prescribing Forms
Status: in_force

The commission from time to time, may make, amend, and rescind rules and prescribe forms as are necessary and desirable to carry out this chapter. No rules or forms may be made or prescribed unless the commission finds that the action is necessary or appropriate in the public interest and consistent with the purposes fairly intended by the policy and provisions of this chapter. In prescribing rules and forms, the commission may cooperate with the administrators of other states, industry representatives, and other federal regulatory bodies with a view to effectuate the policy of this chapter to achieve maximum uniformity in the form and content of applications and reports wherever practicable. All rules shall be adopted pursuant to the Alabama Administrative Procedure Act and, along with all forms adopted, be published by the commission.
Ala. Code § 8-19-12 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-12
Section 8-19-12 Violations
Status: in_force

(a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor.

(b) In addition to any other penalties set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5:

(1) Shall be guilty of a Class A misdemeanor.

(2) Shall be subject to the revocation of any license or permit pertaining to the sale or distribution of cigarettes or other tobacco products, including, but not limited to, any license or permit issued by the Commissioner of Revenue pursuant to Chapter 25 of Title 40.

(c) Notwithstanding any other provision of law, any law enforcement officer or agent of the Department of Revenue shall seize any cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized shall be deemed contraband goods and shall be confiscated and destroyed. Such cigarettes shall be deemed contraband goods whether the violation is knowing or otherwise.
Ala. Code § 8-27-3 — Alabama Code / Title 8 / Chapter 27 / Section 8-27-3
Section 8-27-3 Misappropriation
Status: in_force

A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:

(1) That person discovered the trade secret by improper means;

(2) That person’s disclosure or use constitutes a breach of confidence reposed in that person by the other;

(3) That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or

(4) That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.
Ala. Code § 8-12-42 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-42
Section 8-12-42 Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation
Status: in_force

The use, possession, or control by any person, firm, or corporation engaged in the business of buying, selling, renting, receiving, storing, transporting, or dealing in secondhand merchandise or junk of any milk bottle, can, crate, carton, or container which has marked thereon or therein, in permanent form, the name of any dairy, dairyman, milk producer, milk distributor, milk vendor, or milk dealer shall be prima facie evidence of the violation of Section 8-12-40.
Ala. Code § 8-19C-2 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-2
Section 8-19C-2 Database of Subscribers Objecting to Telephone Solicitations
Status: in_force

(a) No person or entity may make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission of his or her objection to receiving telephone solicitations.

(b)(1) The commission shall establish and operate a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. The commission shall have the database in operation before July 1, 2000.

(2) The database may be operated by the commission or by another entity under contract with the commission.

(3) Before July 1, 2000, the commission shall promulgate regulations which shall include all of the following:

a. A requirement that each local exchange company and each competing local exchange carrier shall inform on an annual basis its residential subscribers of the opportunity to provide notification to the commission or its contractor that the subscriber objects to receiving telephone solicitations.

The information shall be disseminated at the option of the carrier by television, radio, or newspaper advertisements; written correspondence; bill insert or messages; telephone book subscription forms; or any other method not expressly prohibited.

b. Methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving solicitations or revocation of the notice.

c. Methods by which a notice of objection becomes effective and the effect of a change of telephone number on the notice.

d. Methods by which objections and revocations are collected and added to the database.

e. Methods by which a person or entity desiring to make telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database.

f. All other matters relating to the database that the commission deems necessary.

(4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of the single national database that relates to Alabama in the database established under this section.
Ala. Code § 8-41-3 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-3
Section 8-41-3 Disclosure of Identity Information; Grounds for Suspension of Future Sales Activity
Status: in_force

(a) Except as provided in subsection (b), an online marketplace shall require any high-volume third-party seller with an aggregate total of twenty thousand dollars ($20,000) or more in annual gross revenues on its platform to provide to the online marketplace and disclose to consumers in a clear and conspicuous manner all of the following identity information:

(1) The full name of the high-volume third-party seller, including the company name or the name by which the seller or company operates on the online marketplace.

(2) The physical address of the high-volume third-party seller.

(3) Contact information for the high-volume third-party seller that will allow for direct unhindered communication with the seller by consumers of the online marketplace, including one or more of the following:

a. A current working telephone number.

b. A current working email address.

c. Other means of direct electronic messaging, which may be provided by the online marketplace; provided, however, that the requirements of this paragraph shall not prohibit the online marketplace from preventing actual fraud, abuse, or spam through the communication.

(4) Whether the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase and, upon the request of an authenticated purchaser, the information described in subdivisions (1) through (3) relating to the different seller that is different than the high-volume third-party seller listed on the product listing page prior to purchase. The identity information of the different seller shall be provided on the product listing page, directly, via hyperlink, or, after the purchase is finalized, in the order confirmation message or other document or communication made to a consumer and in the consumer’s account transaction history.

(b) Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identity information required under subsection (a) if the high-volume third-party seller certifies to the online marketplace that any of the following apply:

(1) The seller does not have a business address and only has a residential street address, or has a combined business and residential address. If this subdivision is applicable, the online marketplace shall do both of the following:

a. Disclose only the country and, if applicable, the city and state in which the seller resides.

b. Inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries should be submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.

(2) The seller is a business that has a physical address for product returns. If this subdivision is applicable, the online marketplace shall disclose the seller’s physical address for product returns.

(3) The seller does not have a telephone number other than a personal telephone number. If this subdivision is applicable, the online marketplace shall inform consumers that there is no telephone number available for the seller and that consumer inquiries should be submitted to the seller’s email address or other means of electronic messaging provided to the seller by the online marketplace.

(c)(1) Subject to subdivision (3), an online marketplace shall suspend any future sales activity of a high-volume third-party seller if the online marketplace becomes aware of either of the following:

a. That the high-volume third-party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure of the identity information under subsection (b).

b. That the high-volume third-party seller that has requested and received a provision for a partial disclosure has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.

(2) Prior to any suspension under this subsection, the online marketplace shall provide the high-volume third-party seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of the notice.

(3) A high-volume third-party seller may avoid suspension under this subsection by consenting to the disclosure of the identity information required under subsection (a).

(d) If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this section, then, after providing the seller with written or electronic notice and an opportunity to provide or disclose the information not later than 10 days after the issuance of the notice, the online marketplace shall suspend any future sales activities of the seller until the seller complies with the requirements.
Ala. Code § 8-1-128 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-128
Section 8-1-128 Establishing Office to Engage in Business of “Futures”
Status: in_force

If any person, corporation or other association of persons, either as principals or agents, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, Indian corn, wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee, stocks, bonds, or choses in action at a place and a time specified and agreed upon therein to any other person, whether the person to whom such article is so agreed to be sold and delivered shall be a party to such contract or not, when in fact and notwithstanding the terms expressed in such contracts it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered or the value thereof paid, but rather it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and delivered is greater or less at the time and place so specified than the price stipulated to be paid and received for the articles so to be sold and delivered, or for making contracts commonly called “futures,” as to the several articles and things hereinbefore specified, or any of them, by whatever name called, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 and may be sentenced to hard labor for not less than one month, and upon a second conviction, he shall be fined not less than $500 and sentenced to hard labor for not less than six months.
Ala. Code § 8-13-1 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-1
Section 8-13-1 Definitions
Status: in_force

Unless otherwise provided, the following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

(1) APPLICANT. Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not.

(2) DISTRESS MERCHANDISE SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. Without limiting the generality of the above, “distress merchandise sales” shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

a. Fire sale;

b. Smoke and/or water damage sale;

c. Adjustment sale;

d. Insurance salvage sale;

e. Mortgage sale;

f. Adjuster’s sale;

g. Reorganization sale; or

h. Other terminology of similar intent to any of the above.

(3) GOING OUT OF BUSINESS SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Without limiting the generality of the above, “going out of business sales” shall include, but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

a. A sale because the applicant is going out of business;

b. A sale because the applicant is liquidating;

c. A sale because the applicant is selling 50 percent or more of his stock, his entire stock or selling out to the bare walls;

d. A sale because the applicant has lost his lease;

e. A sale because the applicant is selling out his interest in the business establishment;

f. A sale because everything in the store or establishment must be sold;

g. Trustee’s sale;

h. Bankrupt sale;

i. Save us from bankruptcy sale;

j. Insolvent sale;

k. Assignee’s sale;

l. Must vacate sale;

m. Quitting business sale;

n. Receiver’s sale;

o. Loss of lease sale;

p. Forced out of business sale;

q. Removal sale;

r. Liquidation sale;

s. Executor’s sale;

t. Administrator’s sale;

u. Warehouse removal sale;

v. Branch store discontinuance sale;

w. Creditor’s committee sale;

x. Adjustment sale;

y. Defunct business sale;

z. Selling out interest sale; or

aa. Other terminology of similar intent to any of the above.

(4) GOODS, WARES and MERCHANDISE. Any goods, wares, merchandise, or other property capable of being the object of a sale regulated under this chapter.

(5) INVENTORY. A list of and the wholesale cost of goods, wares, and merchandise.

(6) PERSON. Any individual, partnership, association, firm, or corporation.
Ala. Code § 8-19-13 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-13
Section 8-19-13 Defense
Status: in_force

Any person against whom any civil action or proceeding is brought pursuant to this chapter shall have a defense to such action or proceeding upon a showing by a preponderance of the evidence presented that such person did not knowingly commit any act or knowingly engage in any activity which constitutes a violation of any provision of this chapter.
Ala. Code § 8-19A-14 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-14
Section 8-19A-14 Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser’s Rights
Status: in_force

(a) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation shall:

(1) Be reduced to writing and be signed by the purchaser.

(2) Match the description of the goods or services as that principally used in the telephone solicitation.

(3) Contain the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, the total price of the contract, and a detailed description of the goods or services being sold.

(4) Contain the value or worth of any item, good, or service specified in Section 8-19A-13, and the basis for the valuation.

(5) Contain all terms and conditions a purchaser is required to satisfy in order to receive any item, good, or service specified in Section 8-19A-13.

(6) Contain, if they are ascertainable, the odds, for a given purchaser, of receiving any item specified in Section 8-19A-13.

(7) Contain, if a purchaser is to receive fewer than all the items specified in Section 8-19A-13 described by the seller:

a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.

b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.

(8) Contain, in at least 12-point type, immediately preceding the signature, the following statement: “You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller.”

(9) Not exclude from its terms any oral or written representations made by the commercial telephone seller or salesperson to the purchaser in connection with the transaction.

(b) A commercial telephone seller who engages a salesperson to make, or cause to be made, a telephone sales call shall not make or submit any charge to the purchaser’s credit card account until after the commercial telephone seller receives from the purchaser a copy of the contract which complies with this section. The commercial telephone seller shall then send the purchaser a written confirmation of the sale.

(c) The written contract shall contain an explanation of the purchaser’s rights under this section and a statement indicating when notice of cancellation is required to be sent. The purchaser may give notice of cancellation to the commercial telephone seller in writing within three business days after receipt of the confirmation. If the commercial telephone seller has not provided an address for receipt of the notice, cancellation is effective by mailing the notice to the division.

(d) Notice of cancellation by the commercial telephone seller shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates, by any form of written expression, the name and address of the purchaser and the purchaser’s stated intention not to be bound by the sale.

(e) If a commercial telephone seller violates this act in making a sale, or fails to deliver an item within 30 calendar days, the contract is voidable by giving notice to the commercial telephone seller, and the purchaser is entitled to a return from the seller, within 14 days, of all consideration paid. Notice of cancellation given by the purchaser need not take a particular form and is sufficient given orally or in writing. Upon receipt by the purchaser of the consideration paid to the commercial telephone seller, the purchaser shall return to the commercial telephone seller the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the commercial telephone seller, by providing or guaranteeing payment for return shipping. If the payment is not provided or guaranteed, the purchaser may keep, without further obligation, the items received.

(f) A person who purchases goods or services pursuant to a solicitation governed by this chapter shall be given a refund, credit, or replacement, at his or her option, if:

(1) The goods or services are defective, are not as represented, or if any item described pursuant to this chapter is not received as promised.

(2) He or she returns the goods or makes a written request for the refund, credit, or replacement within seven days after he or she receives the goods or services. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this section.

(g) If a purchaser of goods returns only a portion of the goods, the refund, credit, or replacement required by this section may be prorated accordingly.

(h) The refund, credit, or replacement required by this section shall be guaranteed by the commercial telephone seller who made the sale, regardless of whether payment for the goods or services is made to that person.

(i) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser’s rights under this chapter is against public policy and shall be unenforceable, provided that an agreement between a purchaser and commercial telephone seller to extend the delivery time of an item to more than 30 days shall be enforceable if the commercial telephone seller has a reasonable basis to expect that he or she will be unable to ship the item within 30 days and if the agreement is included in the terms of the written confirmation.

(j) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this chapter, the contract shall be enforceable and not in violation of this chapter, provided that all rights under a contract or agreement to purchase shall be specifically stated in a written confirmation sent pursuant to this section.

(k) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers.

(l) Any sale in which the consumer is given a full refund or credit for the return of undamaged and unused goods, or a cancellation of services notice is given to the seller, within seven days after receipt of the goods or services by the consumer, is exempt from the requirements of subsections (a) to (e), inclusive, and the seller shall process the refund or credit to the consumer’s credit card account within 30 days after receipt of the returned merchandise by the consumer or within 30 days after receipt of the cancellation notice from the consumer, process the refund or credit to the consumer’s credit card account for any services not yet performed or a pro rata refund or credit to the consumer’s credit card for any services not yet performed for the consumer.
Ala. Code § 8-38-4 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-4
Section 8-38-4 Investigation of Security Breach
Status: in_force

(a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt investigation that includes all of the following:

(1) An assessment of the nature and scope of the breach.

(2) Identification of any sensitive personally identifying information that may have been involved in the breach and the identity of any individuals to whom that information relates.

(3) A determination of whether the sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates.

(4) Identification and implementation of measures to restore the security and confidentiality of the systems compromised in the breach.

(b) In determining whether sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person without valid authorization, the following factors may be considered:

(1) Indications that the information is in the physical possession and control of a person without valid authorization, such as a lost or stolen computer or other device containing information.

(2) Indications that the information has been downloaded or copied.

(3) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.

(4) Whether the information has been made public.
Ala. Code § 8-6-28 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-28
Section 8-6-28 Commission to Furnish Copies of Register Entries or Documents; Certified Copy Deemed Prima Facie Evidence
Status: in_force

Upon request and at such reasonable charges as it prescribes, the Securities Commission shall furnish to any person photostatic or other copies, certified under its seal of office if requested, of any entry in the register or any document which is a matter of public record. In any proceeding or prosecution under this article, any copy so certified is prima facie evidence of the contents of the entry or document certified.
Ala. Code § 8-1-192 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-192
Section 8-1-192 Requirements
Status: in_force

In order to be valid, any contract or agreement executed pursuant to this article shall be reduced to writing, signed by all parties, and be supported by adequate consideration.
Ala. Code § 8-3-7 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-7
Section 8-3-7 Rights of Surety Sued Separately and Paying Judgment
Status: in_force

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as pointed out in cases of joint judgment.
Ala. Code § 8-10-3 — Alabama Code / Title 8 / Chapter 10 / Section 8-10-3
Section 8-10-3 Restraining Trade or Production, Monopolizing Commodities or Business, Destruction of Competition, Etc
Status: in_force

Any person or corporation, domestic or foreign, which shall restrain, or attempt to restrain, the freedom of trade or production, or which shall monopolize, or attempt to monopolize, the production, control, or sale of any commodity or the prosecution, management, or control of any kind, class, or description of business or which shall destroy, or attempt to destroy, competition in the manufacture or sale of a commodity shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $2,000 for each offense.
Ala. Code § 8-17-152 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-152
Section 8-17-152 Posting of Price Required
Status: in_force

It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any motor vehicle or to deliver into any motor vehicle for actual or apparent use therein any motor fuel for use in supplying, creating, or generating motive power to such motor vehicle unless such person, firm, or corporation shall conspicuously and plainly post on the pump from which delivery is made the price or prices of such product.
Ala. Code § 8-30-2 — Alabama Code / Title 8 / Chapter 30 / Section 8-30-2
Section 8-30-2 Schedule of Charges for Burial Services and Merchandise
Status: in_force

Every cemetery organized under the laws of this state shall have a full and complete schedule of all charges for burial services and burial merchandise provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery.
Ala. Code § 8-13-5 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-5
Section 8-13-5 License - Public Hearing on Application
Status: in_force

The probate judge to whom the application for a going out of business sale or distress merchandise sale license is made, or his designee, shall conduct a public hearing not later than two weeks after an application has been filed. At least one week prior to such hearing the probate judge shall publish, at the expense of the applicant, a notice of the hearing in a local newspaper of general circulation. The probate judge may require that a record be made of the public hearing and that the testimony at such hearing be under oath.
Ala. Code § 8-9-3 — Alabama Code / Title 8 / Chapter 9 / Section 8-9-3
Section 8-9-3 Sufficiency of Note of Contract - Memorandum of Auctioneer
Status: in_force

When lands, tenements, or hereditaments are sold or leased at public auction and the auctioneer, his clerk or agent makes a memorandum of the property and the price thereof at which it is sold or leased, the terms of sale, the name of the purchaser, or lessee and the name of the person on whose account the sale or lease is made, such memorandum is a note of the contract within the meaning of Section 8-9-2.
Ala. Code § 8-13-3 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-3
Section 8-13-3 License - Application
Status: in_force

An applicant for a license to conduct a going out of business sale or a distress merchandise sale shall file an application with the judge of probate of the county in which such sale shall be held at least 30 days prior to such sale; provided, however, that the said 30-day period may be waived in writing by the probate judge to whom the application is made for good cause shown. The application shall be made upon forms prescribed by the Commissioner of Revenue of the State of Alabama, signed and verified by the applicant and shall include the following information:

(1) Name and address of the applicant and also the name of the true owner if the applicant is not such true owner;

(2) Name, location, and time of the proposed going out of business sale or distress merchandise sale;

(3) Inventory of the goods, wares, or merchandise, on hand and on order, which the applicant intends to offer for sale at a going out of business sale or distress merchandise sale. The inventory shall show the quantity, kind, or grade of each item, the wholesale cost thereof, and the name of the supplier from whom each item was acquired;

(4) A statement of the average, highest, and lowest inventory at the wholesale cost thereof at the applicant’s place of business during the year next preceding the filing of the application. When the applicant operates more than one retail outlet and said outlets are supplied from a warehouse or warehouses operated by applicant, then the amount of inventory in said warehouse or warehouses attributable to the retail outlet wherein the sale hereunder is to be conducted shall be calculated as follows:

a. The total volume of merchandise handled in said warehouse or warehouses during the year next preceding the filing of the application under this chapter shall be determined;

b. The percentage of such year’s total volume sold through the retail outlet wherein the sale hereunder is being conducted shall next be determined;

c. The percentage so determined of the merchandise on hand at said warehouse or warehouses at the time of the filing of the application hereunder shall be attributable to the concerned outlet and shall be included as part of the inventory set forth in the application;

(5) A list of goods, wares, or merchandise received by the applicant during the three months next preceding the filing of the application;

(6) A statement that the applicant will discontinue the business for which the license is requested, provided such sale is a going out of business sale, the date when such termination will be effected and that the applicant will not use or authorize the use of his trade, business, or firm name for a period of one year immediately following the expiration of a license issued to him under this chapter; provided, however, that if such name is being used in connection with another establishment operated by applicant presently located within the State of Alabama at a different location, then the trade, business, or firm name may be used at such other location, but not at the location where the sale is conducted and not at another location established by applicant after the application is made;

(7) Such other information as the Commissioner of Revenue may prescribe.
Ala. Code § 8-7B-1 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-1
Section 8-7B-1
Status: in_force

(a) This chapter shall be known and may be cited as the Financial Innovation and Market Expansion Act.

(b) The intent of this chapter is to implement Section 4(c) of the federal Guiding and Establishing National Innovation for U.S. Stablecoins Act, 12 U.S.C. § 5903(c), governing regulation of payment stablecoins at the state level.
Ala. Code § 8-21B-7 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-7
Section 8-21B-7 Delivery of Notice
Status: in_force

Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid.
Ala. Code § 8-7B-6 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-6
Section 8-7B-6
Status: in_force

No later than 180 days after the approval of an application, and afterwards on an annual basis, each Alabama qualified payment stablecoin issuer shall submit to the commission a certification that the issuer, consistent with the requirements of the GENIUS Act, has implemented anti-money laundering and economic sanctions compliance programs that are reasonably designed to prevent the Alabama qualified payment stablecoin issuer from facilitating money laundering, in particular, facilitating money laundering for cartels and organizations designated as foreign terrorist organizations under 8 U.S.C. § 1189 and the financing of terrorist activities.
Ala. Code § 8-21A-5 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-5
Section 8-21A-5 Supplier’s Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts
Status: in_force

(a) Every supplier shall provide for the availability of repair parts throughout the reasonable useful life of any equipment sold by the supplier or dealer.

(b) Every supplier shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity to return a portion of dealer’s surplus parts inventory for credit. This surplus procedure shall be administered as follows:

(1) The supplier must notify its equipment dealers of a time period, in no event less than 90 days’ duration, during which time equipment dealers may submit their surplus parts lists and return their surplus parts to the supplier.

(2) Pursuant to this subdivision, a supplier must allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of parts purchased on stock order by the dealer from the supplier during the twelve month period immediately preceding the notification to the dealer by the supplier or the surplus parts return program, or the month the dealer’s return request is made, whichever is applicable. However, the dealer may wish to return less than 10 percent of the total value of stock order parts purchased by the dealer from supplier during the preceding twelve month period as provided above. This has no effect on the validity of this section or the dealer’s rights hereunder.

(c) This chapter shall not require the repurchase from a dealer of any of the following:

(1) Any single repair part which is priced as a set of two or more items.

(2) Any repair part which, because of the condition, is not resalable as a new part without repackaging or reconditioning.

(3) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, wholesaler, of good title, free and clear of all claims, liens, and encumbrances.

(4) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so. No obsolete or superseded part may be returned, but any part listed in the supplier’s current parts price list or any superseded part that has not been the subject of the supplier’s parts return program at the date of notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable shall be eligible for return for the credit specified.

(d) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the dealer’s cost thereof as listed in the supplier’s current parts list at the date of the notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable.

(e) Applicable credit hereunder shall be issued to the dealer within 60 days after receipt of the dealer’s returned parts by the supplier.

(f) All packing and return freight expenses incurred in the return of surplus parts under the terms of this section shall be the obligation of and borne by the dealer.

(g) This section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and repair parts which provides the equipment dealer with greater protection. The dealer can elect to pursue either his or her dealer agreement remedy or the remedy provided by state law, and an election by the dealer to pursue the agreement remedy shall not bar the right to the remedy provided herein as to those repair parts not affected by the contract remedy. Notwithstanding anything contained herein, the rights of a supplier to charge back to the dealer’s account previously paid or credited as a discount incident to the dealer’s purchase of goods shall not be affected. Further, any repurchase hereunder shall not be subject to the bulk sales law.
Ala. Code § 8-17-21 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-21
Section 8-17-21 Selling, Etc., in Misbranded Container, Etc
Status: in_force

No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, such parcel, package, or container designed for household use; provided, that household products for cleaning and washing purposes, subject to this article and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale, or retail.
Ala. Code § 8-8-1 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-1
Section 8-8-1 Maximum Rates of Interest - Generally
Status: in_force

Except as otherwise provided by law, the maximum rate of interest upon the loan or forbearance of money, goods, or things in action, except by written contract is $6 upon $100 for one year, and the rate of interest by written contract is not to exceed $8 upon $100 for one year and at that rate for a greater or less sum or for a longer or shorter time.
Ala. Code § 8-7B-5 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-5
Section 8-7B-5
Status: in_force

A provider is not required to obtain any other license or charter except for the requirement under this chapter to perform the activities permitted in Section 8-7B-3.
Ala. Code § 8-19A-19 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-19
Section 8-19A-19 Attorney’s Fees and Costs
Status: in_force

(a) In any civil action or investigation resulting from a transaction involving a violation of this chapter, except as provided in subsection (c), the division shall receive reasonable attorney’s fees and costs from the nonprevailing party. The amounts appropriated for those purposes in this chapter are in addition to all monies heretofore and hereafter appropriated in any special or general appropriation act to the Attorney General’s Special Revenue Account which is a revolving fund in which the Attorney General is authorized to make deposits and withdrawals from time to time so that the account operates on a revolving basis for expenditure for administration and future civil and criminal investigation and prosecution, and all balances of revenue, income, and receipts remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund under Section 41-4-93.

(b) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.

(c) In any civil litigation initiated by the division resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.

(d) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred.
Ala. Code § 8-7B-4 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-4
Section 8-7B-4
Status: in_force

(a)(1) The commission shall receive, review, and consider for approval applications from any person that seeks to issue or sell payment stablecoins as an Alabama qualified payment stablecoin issuer, and the commission shall establish a process and framework for the licensing, regulation, examination, and supervision of such persons, through the adoption of rules pursuant to Section 8-7B-8.

(2) The commission, upon receipt of a substantially complete application received under subdivision (1), shall evaluate and make a determination on each application based only on the criteria established under this chapter, and rules adopted pursuant to this chapter.

(b) The commission shall consider the following factors when determining whether an applicant, who submitted a substantially complete application, shall be licensed as an Alabama qualified payment stablecoin issuer:

(1) The ability of the applicant, based on the applicant’s financial condition and resources, to meet the requirements set forth under 12 U.S.C. § 5903.

(2) Whether an individual who has been convicted of a felony offense involving insider trading, embezzlement, cybercrime, money laundering, financing of terrorism, or financial fraud is serving as an officer or director of the applicant.

(3) The competence, experience, and integrity of the officers, directors, and principal shareholders of the applicant, its subsidiaries, and parent company, including:

a. The record of those officers, directors, and principal shareholders of compliance with laws and regulations; and

b. The ability of those officers, directors, and principal shareholders to fulfill any commitments to, and any conditions imposed by, the commission in connection with the application at issue and any prior applications.

(4) Whether the redemption policy of the applicant meets the standards under 12 U.S.C. § 5903.

(5) Any other factors established under federal regulations pursuant to the GENIUS Act or rules adopted pursuant to this chapter which are necessary to ensure the safety and soundness of the Alabama qualified payment stablecoin issuer.

(c) The commission shall render a decision on a substantially complete application submitted under subsection (a) not later than 120 days after receipt of the application.

(d)(1) For purposes of this section, an application shall be considered substantially complete if the application contains sufficient information for the commission to render a decision on whether the applicant satisfies the factors described in subsection (a).

(2) Not later than 30 days after receiving any application, the commission shall notify the applicant as to whether the commission considers the application to be substantially complete and, if the application is not substantially complete, the additional information the applicant must provide in order for the application to be considered substantially complete.

(3) An application considered substantially complete under this subsection shall remain substantially complete unless there is a material change in circumstances that requires the commission to treat the application as a new application.

(e)(1) The commission may only deny a substantially complete application received if the commission determines that the activities of the applicant would include any conduct that would authorize the commission to suspend or revoke a license under Section 8-7B-9(a).

(2) The issuance of a payment stablecoin on an open, public, or decentralized network shall not be a valid ground for denial of an application.

(f) If the commission denies a substantially complete application received under subsection (a), the commission, not later than 30 days after the date of denial, shall provide the applicant with written notice explaining the denial with specificity, including all findings made by the commission with respect to all identified material shortcomings in the application, including actionable recommendations on how the applicant could address the identified material shortcomings.

(g) The denial of an application under subsection (e) shall not prohibit the applicant from filing any subsequent application.
Ala. Code § 8-7A-28 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-28
Section 8-7A-28 Cryptocurrency Fraud Prevention Act
Status: in_force

(a) This section shall be known and may be cited as the Cryptocurrency Kiosk Fraud Prevention Act.

(b) For purposes of this section, the following terms have the following meanings:

(1) BLOCKCHAIN ANALYTICS. Analysis of data from blockchains or publicly distributed ledgers, including associated transaction information.

(2) BLOCKCHAIN ANALYTICS AND TRACING SOFTWARE. A software service that uses blockchain analytics data to provide risk-specific information and tracing of virtual currency wallet addresses, among other virtual items.

(3) CONSUMER. Any individual who uses a cryptocurrency kiosk.

(4) CRYPTOCURRENCY. A virtual representation of value or rights that can be transferred, stored, or traded electronically and used for payments or investment purposes.

(5) CRYPTOCURRENCY ADDRESS. An alphanumeric identifier that represents a potential destination for a cryptocurrency transfer. A cryptocurrency address is associated with a virtual wallet.

(6) CRYPTOCURRENCY KIOSK. A physical, electronic terminal that is a mechanical agent of the cryptocurrency kiosk operator and that enables a cryptocurrency kiosk operator to facilitate the purchase, sale, or exchange of cryptocurrency for money, bank credit, or other cryptocurrency.

(7) EXISTING CONSUMER. Any consumer who engages in a cryptocurrency kiosk transaction that is not the consumer’s initial transaction or within the 30-day period immediately following his or her initial transaction.

(8) FEE. A charge or expense paid by the consumer.

(9) FINANCIAL INSTITUTION. Any bank, savings and loan association, or credit union operating in Alabama which is chartered under federal or state statutes.

(10) NEW CONSUMER. A consumer who is engaging in a transaction at a cryptocurrency kiosk in this state for the first time or who is within the 30-day period immediately after engaging in his or her first cryptocurrency kiosk transaction.

(11) OPERATOR. Any person that engages in cryptocurrency business activity through a cryptocurrency kiosk located in Alabama or operates or manages a cryptocurrency kiosk.

(12) PRIVACY COIN. A cryptocurrency with privacy-enhancing features designed to increase anonymity and reduce or eliminate the ability for the cryptocurrency to be traced using blockchain analytics and tracing software.

(13) TRANSACTION. A transaction conducted or performed through a cryptocurrency kiosk to purchase or sell cryptocurrency.

(14) TRANSACTION HASH. A unique identifier consisting of a string of characters which acts as a record of and provides proof that the transaction was verified and added to the blockchain.

(15) VIRTUAL WALLET. A software application or other electronic mechanism that provides a means to hold, store, or transfer cryptocurrency or nonfungible tokens.

(c)(1) A cryptocurrency kiosk operator shall disclose in a clear and conspicuous manner all relevant terms and conditions to use the products, services, kiosks, and other activities of the operator. The operator shall receive an acknowledgment of receipt of all disclosures required from a consumer through confirmation or consent. This disclosure shall include:

a. The United States dollar amount of the cryptocurrency involved in the transaction;

b. A listing, in United States dollars, of all fees to be collected by the cryptocurrency kiosk operator;

c. The total amount, in both the cryptocurrency and United States dollars, used in the transaction; and

d. The exchange rate clearly showing the difference between the market price of the cryptocurrency and the price of the cryptocurrency charged to the consumer.

(2)a. At the beginning of a transaction at a cryptocurrency kiosk, the operator shall ensure that the kiosk displays the following disclosures:

“WARNING: CONSUMER FRAUD OFTEN STARTS WITH CONTACT FROM A STRANGER ONLINE, BY PHONE, OR BY TEXT WHO IS INITIATING A DISHONEST SCHEME OR CRIMINAL OR FRAUDULENT ACTIVITY THAT MAY APPEAR IN MANY FORMS, INCLUDING THE FOLLOWING:

1. COMMUNICATION INITIATED BY SOMEONE STARTING A ROMANTIC RELATIONSHIP WHO BEGINS ASKING FOR FUNDS FOR REASONS SUCH AS AN EMERGENCY OR TO PAY TO VISIT YOU.

2. PROMPTS TO CLICK ON DESKTOP POP-UPS THAT INCLUDE VIRUS WARNINGS OR COMMUNICATIONS FROM ALLEGED FAMILIAR MERCHANTS.

3. COMMUNICATIONS FROM SOMEONE IMPERSONATING A REPRESENTATIVE OF YOUR BANK OR A LAW ENFORCEMENT OFFICER.

4. CLAIMS OF A FROZEN BANK ACCOUNT OR CREDIT CARD.

5. CLAIMS OF A FRAUDULENT BANK TRANSACTION.

6. CLAIMS OF IDENTITY THEFT OR AN OFFER OF EMPLOYMENT IN EXCHANGE FOR PAYMENT.

7. REQUESTS FOR A PAYMENT TO A GOVERNMENT AGENCY OR COMPANY.

8. REQUESTS FOR DISASTER RELIEF DONATIONS OR LOANS.

9. OFFERS TO PURCHASE LOTTERY TICKETS, SWEEPSTAKES, OR DRAWINGS FOR VEHICLES.

10. CLAIMS OF WINNING A LOTTERY BUT REQUIRES UP-FRONT FEES TO BE PAID BEFORE COLLECTING ANY WINNINGS.

11. COMMUNICATION FROM SOMEONE OFFERING TO TEACH YOU HOW TO TRADE CRYPTOCURRENCY.

IF YOU BELIEVE THAT YOU ARE A VICTIM OF FRAUDULENT CONDUCT, STOP AND CALL YOUR LOCAL LAW ENFORCEMENT AGENCY AND THE CRYPTOCURRENCY KIOSK OPERATOR.”

“WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE. TRANSACTIONS IN CRYPTOCURRENCY ARE IRREVERSIBLE. PEOPLE MAY USE CRYPTOCURRENCY TRANSACTIONS TO STEAL YOUR MONEY BY IMPERSONATING THE GOVERNMENT, ORGANIZATIONS, OR PEOPLE YOU KNOW. IMPERSONATORS MAY THREATEN JAIL TIME, CLAIM YOUR IDENTITY HAS BEEN STOLEN, ALLEGE THAT YOUR COMPUTER HAS BEEN HACKED, OR USE A NUMBER OF OTHER SCAMS. DO NOT DISCLOSE YOUR PRIVATE KEY THAT IS ASSOCIATED WITH YOUR VIRTUAL WALLET TO A THIRD PARTY. IF YOU BELIEVE THAT YOU ARE BEING SCAMMED, STOP AND CALL YOUR LOCAL LAW ENFORCEMENT AGENCY AND THE CRYPTOCURRENCY KIOSK OPERATOR.”

b. The kiosk shall display the disclosures in a conspicuous font and a color that contrasts with the background of the kiosk screen.

c. Each disclosure shall appear separately on the kiosk, and both disclosures must be accepted by the consumer before the transaction may be executed.

(d) At the completion of each transaction, the operator shall provide the consumer who made the transaction a physical or digital receipt that contains all of the following information:

(1) The operator’s name and contact information, including a telephone number to answer questions and register complaints.

(2) The type, value, date, and precise time of a transaction, and each applicable receiving cryptocurrency address in its entirety. If a digital receipt is selected, the operator shall provide the entire transaction hash in addition to the aforementioned items.

(3) The name and contact information of the sender.

(4) The name and contact information of the designated recipient if known.

(5) Fees charged by the operator.

(6) The exchange rate of the applicable cryptocurrency to the United States dollar.

(7) A statement of the operator’s refund policy.

(8) A statement of the refund policy required by this section.

(9) Any additional information required by rule or order of the commission under this chapter.

(e) If a consumer opts for a digital receipt pursuant to subsection (d), the operator shall provide the receipt to the email address or phone number provided by the consumer and to the commission.

(f)(1) A cryptocurrency kiosk operator shall use blockchain analytics and tracing software to prevent any transaction that involves a cryptocurrency address identified as being associated or affiliated with fraud or other criminal activity. If a consumer attempts to transact with a virtual wallet that is detected to be associated or affiliated with fraud or other criminal activity, the kiosk shall not execute the transaction.

(2)a. For a new consumer, an operator shall not accept transactions of more than one thousand United States dollars ($1,000) in cash, or the equivalent amount of foreign currency or cryptocurrency, in one calendar day, or ten thousand United States dollars ($10,000) in cash, or the equivalent amount of foreign currency or cryptocurrency in a calendar month, from the same consumer, regardless of whether the consumer uses one or multiple kiosks in the state.

b. For an existing consumer, an operator shall not accept transactions of more than ten thousand five hundred United States dollars ($10,500) in cash, or the equivalent amount of foreign currency or cryptocurrency, in one calendar day.

c. An operator shall use an identification verification process, operated in accordance with federal law, to verify the identity of every consumer for each transaction in order to comply with this subsection for all transactions.

(g) An operator shall provide enhanced due diligence protections for consumers who are 60 years of age or older. The commission shall adopt rules, pursuant to Section 8-7A-26, to implement this requirement.

(h) All operators headquartered in the United States shall provide live, United States-based, toll-free consumer service at all times. Operators shall prominently display the consumer service phone number on the cryptocurrency kiosk or on the kiosk screen during the transaction. The operator shall report all calls from consumers in Alabama regarding fraud to the commission upon request of the commission.

(i)(1) Operators shall provide a United States phone number and email address to serve as a dedicated communication line between the operator and relevant government agencies. This dedicated line shall be frequently monitored and used to facilitate law enforcement and regulatory agency communications with the operator.

(2) At the request of the commission, an operator shall provide the requesting agency with data from the operator’s blockchain analytics and tracing software or any other information regarding that data.

(j)(1)a. If a new consumer has been fraudulently induced to engage in a cryptocurrency kiosk transaction and has completed the requirements of subdivision (2), the operator shall issue a full refund for the fraudulently induced transaction, as well as all fees incurred through the transaction.

b. If an existing consumer has been fraudulently induced to engage in a cryptocurrency kiosk transaction and has completed the requirements of subdivision (2), the operator shall issue a refund for one-half of the value of the transaction, including all fees incurred through the transaction.

(2) The consumer shall complete all of the following to receive the refund pursuant to subdivision (1):

a. Contact the operator not more than 60 calendar days after the cryptocurrency kiosk transaction.

b. Contact a law enforcement agency, as well as the commission, not more than 60 calendar days after the transaction.

c. File a report with a law enforcement agency or the commission regarding the fraudulently induced transaction.

(3) A consumer who has been determined to be a victim of fraud is eligible to receive a refund regardless of whether an operator provided the disclosures prescribed in subsection (c) and the receipt required in subsection (d).

(4) An operator shall maintain a report of all refund requests made. The operator shall provide to the commission the name and contact information of the consumer who made the request, as well as the information on the receipt, upon request of the commission.

(k) An operator shall not share a kiosk with any financial institution and shall not use any signage that makes the cryptocurrency kiosk appear to be affiliated with or represented by any financial institution.

(l) An operator shall comply with all federal reporting requirements under the Bank Secrecy Act of 1970, Pub. L. No. 91-508, the USA PATRIOT Act, Pub. L. No. 107-56, and any other reporting requirement imposed from the Financial Crimes Enforcement Network or the Office of Foreign Assets Control.

(m) An operator shall not permit the buying, selling, or sending of privacy coins from cryptocurrency kiosks or online platforms in any capacity.

(n)(1) The commission, pursuant to Section 8-7A-19, may assess a civil penalty against a person that violates this section or a rule adopted or an order issued under this section.

(2) Any proceeding under this section pursued by the commission shall not preempt any criminal action or civil liability that may arise under any other state law.
Ala. Code § 8-16-9 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-9
Section 8-16-9 Condemnation, Repair, Etc., of Nonstandard Weights and Measures
Status: in_force

(a) The Commissioner of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize, and may destroy weights, measures, or weighing or measuring devices which are false, fraudulent, or cannot be made to conform to the legal standards. They shall condemn and mark or tag as “condemned for repairs” such weights, measures, or weighing, or measuring devices which are found incorrect and yet, in their best judgment, may be repaired.

(b) The owners or users of any weights, measures, or weighing or measuring devices which have been condemned for repairs shall have the same repaired and corrected within 10 days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commissioner of Agriculture and Industries or local sealer of weights and measures. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required above shall be confiscated by such commissioner or sealer.
Ala. Code § 8-17-43 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-43
Section 8-17-43 Mixture or Substitute to Be Marked and Sold as Such
Status: in_force

(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of linseed oil, raw or boiled, with other products, except as provided in this article, or any product which is intended to be used as a substitute for linseed oil (raw or boiled) unless it is exposed for sale and sold under the name “substitute for linseed oil.”

(b) If the words “linseed” or “flaxseed” are used other than in the name, the true name of each and every ingredient of such product shall also appear, giving preference of order to the ingredients present in the greater proportion; but all letters used in naming the ingredients shall be of the same size and color, using the style of type as hereinafter specified.

(c) Each tank car, tank, barrel, keg, can, jug, or vessel, both wholesale and retail, and all storage receptacles containing such product, shall be distinctly and durably marked in a conspicuous place using the English language and kind of type as hereinafter specified, giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer thereon in continuous list with no intervening matter, using ordinary bold-face capital letters not less than 60 points in size, and there shall be such a contrast between the color of the type and the background of the label as to render the same easily and plainly legible.
Ala. Code § 8-17-155 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-155
Section 8-17-155 Penalty for Violation of Division
Status: in_force

A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law.
Ala. Code § 8-20-7 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-7
Section 8-20-7 Warranty Obligations to Dealers; Reasonable Compensation
Status: in_force

(a) For purposes of this section, the following words have the following meanings:

(1) PRE-DELIVERY SERVICE. All work and services, except warranty work, performed on a new motor vehicle by a motor vehicle dealer at the direction of the warrantor prior to the delivery of the vehicle to the first retail consumer.

(2) REPAIR ORDER. An invoice, paid by a retail customer, and closed as of the time of submission, encompassing one or more repairs to a motor vehicle, and reflecting, in the case of a parts markup submission, the cost of each part and the sale price thereof, and in the case of a labor rate submission, the total charges for labor and the total number of hours that produced the charges, which invoice may be submitted in electronic form.

(3) QUALIFIED REPAIR. A repair to a motor vehicle paid by a retail customer, which would have come within the warrantor’s new motor vehicle warranty, but for the motor vehicle having exceeded the chronological or mileage limit of such warranty, and which does not constitute any of the work encompassed by subdivision (f)(5).

(4) QUALIFIED REPAIR ORDER. A repair order which encompasses, in whole or in part, a qualified repair or repairs.

(5) WARRANTOR. A manufacturer, distributor, or wholesaler, factory branch, factory representative, distributor branch, or distributor representative.

(6) WARRANTY WORK. All labor, including that of a diagnostic character, performed, and all parts, including original or replacement parts, and components, including engine, transmission, and other parts assemblies, installed by motor vehicle dealers on motor vehicles which are reasonably incurred by motor vehicle dealers, other than the incidental expenses incurred in performing labor and installing parts on motor vehicles, in fulfilling a warrantor’s obligations under a new motor vehicle warranty, a recall, or a certified pre-owned warranty, to consumers, including, but not limited to, the expense of shipping or returning defective parts to the warrantor, when required by the warrantor.

(b) Every warrantor shall specify in writing to each of its motor vehicle dealers the dealer’s obligation for pre-delivery service and warranty service on its products, shall compensate the motor vehicle dealer for the service required of the dealer by the warrantor, and shall provide the dealer the schedule of compensation to be paid the dealer for parts, work, and service in connection with the services, and the time allowance for the performance of such work and service.

(c) In no event shall the schedule of compensation fail to include reasonable compensation for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In no event shall such compensation of a dealer for warranty services including labor and parts, be less than the rates or prices charged by the dealer for like service to retail customers for nonwarranty service, repairs, and parts, provided that such prices and rates are not unreasonable. This subsection does not apply to compensation for parts, systems, fixtures, appliances, furnishings, accessories, and features of a motor home that are designed, used, and maintained primarily for non-vehicular residential purposes, or parts related to motorcycle repairs.

(d) It is a violation of this section for any warrantor to fail to perform any warranty obligations under the motor vehicle manufacturer’s warranty, or to fail to include in written notices of factory recalls to dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects, or to fail to compensate any of the motor vehicle dealers for repairs effected by the recall.

(e) All claims made by new motor vehicle dealers pursuant to this section for such labor and parts shall be paid within 30 days following their approval; provided, however, that the warrantor retains the right to audit such claims and to charge back the dealer for any fraudulent claims for a period not to exceed 12 months from the date the claim was paid. All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days. A warrantor shall not disapprove claims for which the dealer has received preauthorization from the warrantor or its representative nor shall the warrantor unreasonably disapprove a claim solely based on the dealer’s incidental failure to comply with a specific claim processing requirement that results only in a clerical error or administrative error; rather a claim denial must be based upon a material defect and deviation from the reasonable written claim submission requirements of the manufacturer. In the event of neglect, oversight, or mistake by the dealer, a dealer may submit an amended claim, or may submit a claim not submitted within the time required by the warrantor, for labor and parts up to 120 days from the date on which the claim was first submitted or could have been submitted.

(f)(1) For the purposes of this section, reasonable compensation shall be determined as provided in this subsection.

(2) The markup customarily charged by the dealer for parts or its labor rate may be established at the election of the dealer by the dealer submitting to the warrantor, either by electronic transmission or tangible delivery, all consecutive repair orders that include 100 sequential repair orders reflecting qualified repairs, or all repair orders closed during any period of 90 consecutive days, whichever produces the fewer number of repair orders, covering repairs made no more than 180 days before the submission and declaring the parts markup or labor rate.

(3) The dealer shall calculate its labor rate by determining the total charges for labor from the qualified repairs submitted and dividing that amount by the total number of hours that produced the charges. The dealer shall calculate its parts markup by determining the total charges for parts from the qualified repairs submitted, dividing that amount by its total cost of the purchase of the parts, subtracting one from that amount, and multiplying by 100 to produce a percentage.

(4) A motor vehicle dealer seeking to establish or modify its warranty reimbursement labor rate, parts markup, or both, not more frequently than once per 12-month period, shall submit to the warrantor one of the following:

a. A single set of repair orders for purposes of calculating both its labor rate and parts markup.

b. A set of repair orders for purposes of calculating only its labor rate or for purposes of calculating only its parts markup.

(5) In calculating the rate customarily charged by the dealer for parts and labor for purposes of this subsection, the following shall not be included in the calculation of the rate:

a. Repairs that are the subject of manufacturer or distributor discounts, such as special events, specials, promotions, coupons, or service campaigns.

b. Repairs of motor vehicles owned by the dealer.

c. Routine maintenance, including, but not limited to, replacements of fluids, filters, batteries, bulbs, belts, nuts, bolts, or fasteners, unless provided in the course of, and related to, an otherwise qualified repair.

d. Installations of accessories.

e. Replacements of or work on tires, wheels, including alignments, wheel or tire rotations, or replacements of brake drums, rotors, shoes, or pads.

f. Vehicle reconditioning.

g. Safety or emission inspections required by law.

h. Repairs for which volume discounts have been negotiated with government agencies.

i. Body shop repairs, including repairs covered by insurance, for conditions caused by collision, road hazard, the force of the elements, vandalism, theft, or the negligence or deliberate act of the owner, operator, or a third party.

j. Parts that do not have individual part numbers.

k. Warrantor approved and reimbursed goodwill repairs or reimbursements.

l. Window replacement, window etching, window tint, protective film, or other masking products.

(6) a. The submitted parts markup or labor rate shall go into effect 45 days after the warrantor’s receipt of its submission, unless, within that period, the warrantor reasonably substantiates that the submission is materially incomplete, materially inaccurate, or is materially unreasonable and provides a full explanation of any reasons that the submitted markup or rate is materially incomplete, materially inaccurate, or materially unreasonable, evidence validating each reason, a copy of all calculations used by the warrantor demonstrating any material inaccuracy, and a proposed adjusted markup or rate provided that the dealer’s submission is materially accurate based upon the qualified repair orders submitted by the dealer. In that event, the warrantor may submit only one rebuttal to the dealer, and may not thereafter add to, expand, supplement, or otherwise modify any element thereof, including, but not limited to, the warrantor’s grounds for contesting the parts markup or labor rate, unless the warrantor did not possess the information at the time of its rebuttal, or if the information is used for the purpose of rebutting the dealer’s response to the warrantor’s rebuttal.

b. If a warrantor determines from any set of repair orders submitted under this subsection that the labor rate or parts markup calculated under this subsection is substantially higher or lower than the rate currently on record with the warrantor for labor or parts, or both, the warrantor, in accordance with this subsection, may request additional repair orders for a period of 60 days prior to or 60 days subsequent to the time period for which the repair orders were submitted for purposes of an alteration, and shall have 45 days from receiving the additional repair orders to rebut the presumption that the dealer’s proposed markup and labor rates are reasonable.

(7) If the dealer and the warrantor do not agree on the parts markup or labor rate, the dealer may file an action in a court having jurisdiction in this state within 120 days of receiving the warrantor’s written rejection of the dealer’s proposed parts markup or labor rate. In that action, the warrantor shall have the burden of proving by a preponderance of the evidence that the dealer’s submitted parts markup or labor rate, or both, was materially incomplete, materially inaccurate, or materially unreasonable. Upon a court decision in favor of the dealer finding that the labor or parts rate shall be more than proposed by the warrantor, any increase in the dealer’s parts markup or labor rate arising from the proceeding shall be effective retroactively to the date 45 days following the warrantor’s receipt of the original submission to the dealer or to the warrantor.

(8) In the determination of what constitutes materially unreasonable compensation under this section, relevant factors include, but are not limited to, the prevailing wage rates paid by similarly situated dealers in the state.
Ala. Code § 8-3-5 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-5
Section 8-3-5 Rights of Surety Against Principal Upon Payment of Debt
Status: in_force

Payment by a surety or endorser of a debt past due entitles him to proceed immediately against his principal for the sum paid, with interest thereon, and all legal costs to which he may have been subjected by the default of the principal.
Ala. Code § 8-19A-6 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-6
Section 8-19A-6 Identification of Certain Affiliated Sellers or Salespersons
Status: in_force

(a) With respect to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial telephone seller shall state in his or her application the identity of any affiliated commercial seller or salesperson who:

(1) Has been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a finding of guilt where adjudication has been withheld.

(2) Is involved in pending litigation or has had entered against him or her an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.

(3) Is, or ever has been, subject to any litigation, injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document or any restrictive court order relating to a business activity as the result of any action brought by a governmental agency, including any action affecting any license to do business or practice an occupation or trade.

(4) Has at any time during the previous seven years filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency.

(5) Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed for bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within one year after the person held that position. The disclosures required in subdivision (4) shall be applicable insofar as they relate to the applicant commercial telephone seller, as well as any affiliated commercial seller or salesperson.

(b) (1) For any person described in subsection (a), the applicant shall:

a. Identify the court or administrative agency rendering the conviction, judgment, or order against the person or pending litigation.

b. Provide the docket number of the matter, the date of the conviction, judgment, or order, and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order.

(2) For any person described in subdivision (5), the applicant shall provide the name and address of the person filing for bankruptcy, adjudged bankrupt, or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction, and the docket number of the matter.

(c) Each commercial telephone seller shall disclose to the division the name, address, and account number of each institution where banking or similar monetary transactions are done by the commercial telephone seller.
Ala. Code § 8-2-2 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-2
Section 8-2-2 General Agent’s Authority to Receive Price
Status: in_force

A general agent to sell who is intrusted by the principal with the possession of the thing sold has authority to receive the price.
Ala. Code § 8-17-40 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-40
Section 8-17-40 Standards for Raw Linseed Oil
Status: in_force

No person shall sell or take orders for sale and delivery within the state any raw linseed oil unless the same is wholly obtained from the seeds of the flax plant (linum usitatissimum) and unless the same fulfills all the requirements recognized by the United States pharmacopoeia official at the time of the investigation.
Ala. Code § 8-17-80 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-80
Section 8-17-80 Definitions
Status: in_force

(a) The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) AVIATION GASOLINE. Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose.

(2) BIODIESEL FUEL. Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural products or animal fats, or the wastes of such products or fats, and is advertised as, offered for sale as, suitable for use as, or used as motor fuel in a diesel engine.

(3) BLENDED FUEL. A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor fuel in a highway vehicle.

(4) BOARD. The Alabama Board of Agriculture and Industries.

(5) BRAND. The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified.

(6) BULK TRANSFER. Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

a. The movement of motor fuel from a refinery or terminal to a terminal by marine vessel or barge.

b. The movement of motor fuel from a refinery or terminal to a terminal by pipeline.

c. The book or in-tank transfer of motor fuel within a terminal between licensed suppliers prior to the completion of removal across the rack.

d. A two-party exchange between licensed suppliers or between licensed suppliers and permissive suppliers.

(7) BULK TRANSFER/TERMINAL SYSTEM. The motor fuel distribution system consisting of refineries, pipelines, marine vessels, and terminals.

(8) BULK USER. A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption.

(9) COMMISSIONER. The Alabama Commissioner of Agriculture and Industries.

(10) DEPARTMENT. The Alabama Department of Agriculture and Industries.

(11) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2 fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but shall not include gasoline or aviation fuel.

(12) DYED DIESEL FUEL. Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code.

(13) DYED KEROSENE. Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code.

(14) GASOHOL. A blended motor fuel composed of gasoline and motor fuel grade alcohol.

(15) GASOLINE. Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. Gasoline also includes gasoline blendstocks as defined under Section 4081, Title 26 of the United States Code and the regulations promulgated thereunder. Gasoline does not include special fuel or aviation gasoline sold to a licensed aviation fuel purchaser for use in an aircraft motor.

(16) IMPORT. To bring petroleum products into this state for sale, use, or storage by any means of conveyance other than in the fuel supply tank of a motor vehicle. Petroleum products delivered into this state from out-of-state by or for the seller constitutes an import by the seller. Petroleum products delivered into this state from out-of-state by or for the purchaser constitutes an import by the purchaser.

(17) IMPORTER. A person who imports petroleum products into this state.

(18) INSPECTION FEE PERMIT HOLDER. A person to whom the Department of Revenue has issued an inspection fee permit.

(19) K-1 KEROSENE. A petroleum product having an A.P.I. gravity of not less than 40 degrees, at a temperature of 60 degrees Fahrenheit and a minimum flash point of 100 degrees Fahrenheit, and which meets American Society for Testing Materials Standard D-3699 as in effect on January 1, 1999.

(20) KEROSENE. All grades of kerosene, including, but not limited to, the two grades of kerosene, No. 1-K and No. 2-K, commonly known as K-1 kerosene and K-2 kerosene, respectively, described in the American Society for Testing Materials Standard D-3699, in effect on January 1, 1999, and kerosene-type jet fuel described in the American Society for Testing Materials Standard D-1655 and military specifications MIL-t-5624r and MIL-t-83133d (grades jp-5 and jp8) and any grade described as kerosene or kerosene-type jet fuel by the Internal Revenue Code and administrative guidance promulgated thereunder.

(21) LUBRICATING OIL. Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum.

(22) NET GALLONS. The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch.

(23) PERMISSIVE SUPPLIER. An out-of-state supplier that elects, but is not required, to have a supplier’s license as required in Section 40-17-332.

(24) PERSON. Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit.

(25) PERSON FIRST SELLING. Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. The first seller of dyed diesel fuel, dyed kerosene, and/or lubricating oil must obtain an inspection fee permit by making application to the Department of Revenue.

(26) PETROLEUM PRODUCTS. Gasoline, diesel fuel, and lubricating oil.

(27) RETAILER. A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state.

(28) REVENUE COMMISSIONER. The Commissioner of the Alabama Department of Revenue.

(29) SPECIAL FUEL. Any gas or liquid, other than gasoline, used or suitable for use as motor fuel in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance, and includes products commonly known as natural or casing-head gasoline, biodiesel fuel, and transmix. Special fuel does not include any petroleum product or chemical compound such as alcohol, industrial solvent, or lubricant, unless blended in or sold for use as motor fuel in an internal combustion engine.

(30) STATE. The State of Alabama.

(31) SUPPLIER. A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. A terminal operator shall not be considered a supplier based solely on the fact that the terminal operator handles motor fuel consigned to it within a terminal.

(32) UNDYED DIESEL FUEL. Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions.

(b) The definitions set forth in this section shall be deemed applicable whether the words defined are herein used in the singular or plural.

(c) Any pronoun or pronouns used herein shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 8-1-227 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-227
Section 8-1-227 Applicability of Article
Status: in_force

(a) Nothing in this article affects any defense or immunity otherwise available under applicable law.

(b) Nothing in this article shall reduce, void, or diminish any obligations or contractual obligations of any kind or nature between shareholders, owners, members, and officers of any entity that is governed by Title 10A.

(c) Parties to a covered contract may disclaim the applicability of this article to their covered contract and thereby make this article inapplicable to their otherwise covered contract, provided the disclaimer expressly and plainly states that the parties to the covered contract are knowingly waiving this article.

(d) If the parties exercise the right to disclaim the provisions of this article under subsection (c), this article shall not be the basis for any interpretation or determination of enforceability of any of the provisions of the otherwise covered contract entered into by the parties.
Ala. Code § 8-16-3 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-3
Section 8-16-3 Standards Approved by Congress to Be State Standards
Status: in_force

The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards shall be the state standards by which all state, county, and municipal standards of weights and measures shall be tried, proved, and sealed.
Ala. Code § 8-26B-2 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-2
Section 8-26B-2 Definitions
Status: in_force

In this chapter:

(1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract.

(2) “Athlete agent”:

(A) means an individual, whether or not registered under this chapter, who:

(i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

(ii) for compensation or in anticipation of compensation related to a student athlete’s participation in athletics:

(I) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

(II) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or

(iii) in anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:

(I) gives consideration to the student athlete or another person;

(II) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

(III) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; but

(B) does not include an individual who:

(i) acts solely on behalf of a professional sports team or organization; or

(ii) is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

(I) also recruits or solicits the athlete to enter into an agency contract;

(II) also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or

(III) receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

(3) “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.

(5) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(6) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.

(7) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

(8) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities.

(9) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.

(10) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(11) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.

(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) “Recruit or solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

(14) “Registration” means registration as an athlete agent under this chapter.

(15) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(16) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(17) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
Ala. Code § 8-13-10 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-10
Section 8-13-10 License - Restrictions on Issuance
Status: in_force

No license shall, under any circumstances, be granted to any persons, applicant, or owner within a period of two years after the termination of any going out of business sale by such person, applicant, or owner, held or conducted under this chapter. No person, applicant, or owner who has been convicted of violating any of the provisions of this chapter relating to the conduct of going out of business sales or distress merchandise sales shall be granted a license for such sale or sales or be employed, in any manner at or in connection with any going out of business sale or distress merchandise sale licensed hereunder for a period of 10 years after such conviction.
Ala. Code § 8-26A-8 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-8
Section 8-26A-8 Temporary Registration
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-37A-2 — Alabama Code / Title 8 / Chapter 37A / Section 8-37A-2
Section 8-37A-2 Definitions
Status: in_force

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

(1) ADMINISTRATOR. The person who may be responsible for the administrative or operational function of motor vehicle value protection agreements including, but not limited to, the adjudication of claims or benefit requests by contract holders.

(2) CONTRACT HOLDER. A person who is the purchaser or holder of a motor vehicle value protection agreement.

(3) FREE LOOK PERIOD. The period of time not less than 30 days from the effective date of a motor vehicle value protection agreement until the date the borrower may cancel the agreement without penalty, fees, or costs to the borrower.

(4) MOTOR VEHICLE VALUE PROTECTION AGREEMENT. A contractual agreement that provides a benefit towards either the reduction of all or part of the contract holder’s current finance agreement deficiency balance, or towards the purchase or lease of a replacement motor vehicle or motor vehicle services, based on the occurrence of an adverse event to the motor vehicle including, but not limited to, loss, theft, damage, obsolescence, diminished value, or depreciation. A motor vehicle value protection agreement does not include a GAP waiver, as defined in Chapter 37 of this title, but may include similar agreements including, but not limited to, trade-in-credit agreements, diminished value agreements, or depreciation benefit agreements.

(5) PROVIDER. A person that is obligated to provide a benefit under a motor vehicle value protection agreement.
Ala. Code § 8-19A-23 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-23
Section 8-19A-23 Injured Person’s Right of Recovery; Deceptive Trade Practices Act
Status: in_force

In addition to any other penalties or remedies provided under law, a person who is injured by a violation of this chapter may bring a civil action for recovery of actual damages and any damages that would be available at common law or by statute, including actual costs, court costs, and attorney’s fees. No provision in this chapter shall be construed to limit any right or remedy provided under law. Any violation of this chapter shall also be considered a violation of the Deceptive Trade Practices Act, Section 8-19-1, et seq.
Ala. Code § 8-16-55 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-55
Section 8-16-55 Records
Status: in_force

All public weighmasters shall keep and preserve correct and accurate records of all public weighings as provided by this article, which records shall be open at all times for inspection by the Commissioner of Agriculture and Industries or his assistants.
Ala. Code § 8-28-2 — Alabama Code / Title 8 / Chapter 28 / Section 8-28-2
Section 8-28-2 When Molder May Dispose of Form Owned by Customer
Status: in_force

Unless a customer and a molder otherwise agree in writing, a molder may, as provided in Section 8-28-3, dispose of a form owned by a customer if the customer does not take from the molder physical custody of the form within three years after the molder’s last prior use of the form.
Ala. Code § 8-12-13 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-13
Section 8-12-13 Cancellation
Status: in_force

The Secretary of State shall cancel from the register:

(1) After one year from January 1, 1981, all registrations under prior acts or informal registration which have not been registered in accordance with this article;

(2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(3) All registrations granted under this article and not renewed in accordance with the provisions of Section 8-12-10;

(4) Any registration concerning which a court of competent jurisdiction shall find:

a. That the registered mark has been abandoned;

b. That the registrant is not the owner of the mark;

c. That the registration was granted improperly;

d. That the registration was obtained fraudulently; or

e. That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled; or

(5) Any registration when a court of competent jurisdiction shall order cancellation thereof, on any ground.
Ala. Code § 8-29-3 — Alabama Code / Title 8 / Chapter 29 / Section 8-29-3
Section 8-29-3 Timely Payments to Contractors and Subcontractors; Noncompliance with Chapter; Percentage of Retainage on Payments
Status: in_force

(a) When a contractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials, to the owner or owner’s representative, the owner shall timely pay the contractor by mailing via first class mail or delivering the amount of the pay request or invoice in accordance with the payment terms agreed to by the owner and the contractor, the agreed upon payment terms must be specified in all contract documents, but if payment terms are not agreed to, then within 30 days after receipt of the pay request or invoice.

(b) When a subcontractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a contractor in sufficient time to allow the contractor to include the application, request, or invoice in his or her own pay request submitted to an owner, the contractor shall timely pay to the subcontractor in accordance with the payment terms agreed to by the contractor and subcontractor, but if payment terms are not agreed to, then within seven days of receipt of payment from owner by mailing via first class mail or delivering the amount received for the subcontractor’s work and materials based on work properly completed or service properly provided under the contract.

(c) When a sub-subcontractor has performed labor or supplied materials for a subcontractor pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a subcontractor in sufficient time to allow the subcontractor to include the application, request, or invoice in his or her own pay request submitted to a contractor, the subcontractor shall timely pay the sub-subcontractor in accordance with the payment terms agreed to by the subcontractor and sub-subcontractor but if payment terms are not agreed to, then within seven days of receipt of payment from contractor by mailing via first class mail or delivering the amount received for the sub-subcontractor’s work and materials based on work properly completed or service properly provided under the contract.

(d) If the owner, contractor, or subcontractor does not make payment in compliance with this chapter, the owner, contractor, or subcontractor shall be obligated to pay his or her contractor, subcontractor, or sub-subcontractor interest at the rate of one percent per month (12% per annum) on the unpaid balance due.

(e) A contractor who receives a payment under subsection (a) or otherwise, from an owner in connection with a contract shall pay each of its subcontractors the portion of the owner’s payment to the extent of that subcontractor’s interest in the owner’s payment. The payment shall include interest, if any, that is attributable to work properly performed or materials suitably stored by that subcontractor if payment for stored materials is provided for in the contract. The payment required by this subsection shall be made not later than the seventh day after the date the contractor receives the owner’s payment.

(f) The percentage of retainage on payments by the contractor to the subcontractor shall not exceed the percentage of retainage on payments made by the owner to the contractor. Any percentage of retainage on payments made by contractor to the subcontractor that exceeds the percentage of retainage on payments made by the owner to the contractor shall be subject to interest to be paid by the contractor to the subcontractor at the rate of one percent per month (12% per annum).

(g) The percentage of retainage on payments by the subcontractor to the sub-subcontractor shall not exceed the percentage of retainage on payments made by the contractor to the subcontractor. Retainage on payments made by the subcontractor to the sub-subcontractor that exceeds the percentage of retainage on payments made by the contractor to the subcontractor shall be subject to interest paid at the rate of one percent per month (12% per annum).

(h) For the purposes of this chapter, retainage means that money, or other security as agreed to by the parties to a construction contract, earned by the contractor, subcontractor or lower tier sub-subcontractor, or supplier for work properly performed or materials suitably stored if payment for stored materials is provided for in the contract, which has been retained by the owner conditioned on final completion and acceptance of all work in connection with a project or projects by the contractor, subcontractor or lower tier sub-subcontractor, or supplier.

(i) A construction contract on any project in this state may provide for the owner’s withholding of retainage from payments to its contractor for work performed by that contractor on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If an owner withholds an amount greater than that allowed by this subsection, the owner shall be liable to the contractor for interest accruing on the excess amount withheld at the rate of one percent per month. Nothing herein is intended to limit or alter the paying party’s right to withhold or not approve payment on grounds set forth in the parties’ contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage.

(j) A construction contract on any project in this state may provide for the contractor’s withholding of retainage from payments to its subcontractors for work performed by the subcontractors on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a contractor withholds an amount greater than that allowed by this subsection, the contractor shall be liable to the subcontractor for interest accruing on the excess amount withheld at the rate of one percent per month.

(k) A construction contract on any project in this state may provide for the subcontractor’s withholding of retainage from payments to its sub-subcontractors or material suppliers for work performed by such sub-subcontractors or material suppliers on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a subcontractor withholds an amount greater than that allowed by this subsection, the subcontractor shall be liable to the sub-subcontractor or material supplier for interest accruing on the excess amount withheld at the rate of one percent per month.

(l)(1) The owner shall release and pay retainage to the contractor for work completed on any construction contract no later than 60 days after the completion of the contractor’s work defined in its contract with the owner, or no later than 60 days after substantial completion of the project, whichever occurs first, and in both events, with all necessary certificates of occupancy having been issued. The contractor shall release and pay retainage to its subcontractors for work completed pursuant to the terms of this chapter.

(2) For the purposes of this subsection, substantial completion means the stage in the progress of the project when the project or designated portion thereof is sufficiently complete in accordance with the contract documents with all necessary certificates of occupancy having been issued so that the owner may occupy or utilize the project for its intended purpose.

(m) The provisions of subsections (h) through (l) shall not apply to any construction project for or by an electric utility regulated by the Public Service Commission.

(n) Nothing herein limits or alters the paying party’s right to withhold or not approve payment on grounds set forth in the party’s contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage. Also, the paying party may condition payment on the receipt of a full release of any lien of the contractor, subcontractor, or sub-subcontractor for the amount of work being paid.

(o) All loans and loan proceeds related to a construction project, and the disbursement and use thereof, are governed solely by the terms of the documents evidencing and securing the loan, and contractors, subcontractors, and sub-subcontractors have no lien or rights in any such loan, loan proceeds, or the disbursement or use thereof.
Ala. Code § 8-16-107 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-107
Section 8-16-107 Operating Weighing or Measuring Device Other Than as Intended
Status: in_force

It shall be unlawful for any person to operate any weighing or measuring device in any other manner than that which would be a regular and intended method of operation by the manufacturer, as is evidenced by the make-up of the device itself as being the proper method of operation.
Ala. Code § 8-6-33 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-33
Section 8-6-33 Disposition of Revenue
Status: in_force

All moneys accruing to or collected by or through the Securities Commission shall be deposited when collected into the State Treasury to the credit of the general fund, unless otherwise provided by law.
Ala. Code § 8-38-5 — Alabama Code / Title 8 / Chapter 38 / Section 8-38-5
Section 8-38-5 Notice of Security Breach - Individuals Affected
Status: in_force

(a) A covered entity that is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates, shall give notice of the breach to each individual.

(b) Notice to individuals under subsection (a) shall be made as expeditiously as possible and without unreasonable delay, taking into account the time necessary to allow the covered entity to conduct an investigation in accordance with Section 8-38-4. Except as provided in subsection (c), the covered entity shall provide notice within 45 days of the covered entity’s receipt of notice from a third-party agent that a breach has occurred or upon the covered entity’s determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.

(c) If a federal or state law enforcement agency determines that notice to individuals required under this section would interfere with a criminal investigation or national security, the notice shall be delayed upon the receipt of written request of the law enforcement agency for a period that the law enforcement agency determines is necessary. A law enforcement agency, by a subsequent written request, may revoke the delay as of a specified date or extend the period set forth in the original request made under this section if further delay is necessary.

(d) Except as provided by subsection (e), notice to an affected individual under this section shall be given in writing, sent to the mailing address of the individual in the records of the covered entity, or by email notice sent to the email address of the individual in the records of the covered entity. The notice shall include, at a minimum, all of the following:

(1) The date, estimated date, or estimated date range of the breach.

(2) A description of the sensitive personally identifying information that was acquired by an unauthorized person as part of the breach.

(3) A general description of the actions taken by a covered entity to restore the security and confidentiality of the personal information involved in the breach.

(4) A general description of steps an affected individual can take to protect himself or herself from identity theft.

(5) Information that the individual can use to contact the covered entity to inquire about the breach.

(e)(1) A covered entity required to provide notice to any individual under this section may provide substitute notice in lieu of direct notice, if direct notice is not feasible due to any of the following:

a. Excessive cost. The term includes either of the following:

1. Excessive cost to the covered entity relative to the resources of the covered entity.

2. The cost to the covered entity exceeds five hundred thousand dollars ($500,000).

b. Lack of sufficient contact information for the individual required to be notified.

c. The affected individuals exceed 100,000 persons.

(2) a. Substitute notice shall include both of the following:

1. A conspicuous notice on the Internet website of the covered entity, if the covered entity maintains a website, for a period of 30 days.

2. Notice in print and in broadcast media, including major media in urban and rural areas where the affected individuals reside.

b. An alternative form of substitute notice may be used with the approval of the Attorney General.

(f) If a covered entity determines that notice is not required under this section, the entity shall document the determination in writing and maintain records concerning the determination for no less than five years.
Ala. Code § 8-6-145 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-145
Section 8-6-145 Designation of Tod; Registration Cancelled or Changed
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary.
Ala. Code § 8-7A-18 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-18
Section 8-7A-18 Consent Orders
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 § 8-17-112 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-112
Section 8-17-112 Advertising
Status: in_force

It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to promote the sale of reclaimed oil or re-refined oil in the State of Alabama unless such advertising material or displays include a statement that the oil offered for sale is reclaimed or re-refined oil, and such statement shall be in letters as large as any other letters used in such advertising material or advertising displays except the trade name of such oil.
Ala. Code § 8-16-8 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-8
Section 8-16-8 Weights or Measures Corresponding with Standards to Be Sealed or Marked
Status: in_force

Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares weights, measures or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weight, measure or weighing or measuring device with appropriate devices to be approved by the commissioner.
Ala. Code § 8-23-11 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-11
Section 8-23-11 Penalty
Status: in_force

Violation of this chapter shall constitute a Class C felony.
Ala. Code § 8-19K-6 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-6
Section 8-19K-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 § 8-19E-4 — Alabama Code / Title 8 / Chapter 19E / Section 8-19E-4
Section 8-19E-4 License Not Required for Internet or Electronic Sales
Status: in_force

An individual reselling admission tickets through an Internet website or other electronic means shall not be required to obtain a business license under Section 40-12-167.
Ala. Code § 8-1-225 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-225
Section 8-1-225 Enforcement Requirements; Sealing of Pleadings and Motions
Status: in_force

(a) A covered contract containing a non-disparagement obligation in writing requires the parties to the covered contract to file under seal all initial and responsive pleadings and motions, including, but not limited to, motions under Alabama Rule of Civil Procedure 65 seeking enforcement of a covered contract.

(b) A court of competent jurisdiction may exercise its judgment regarding what, if any, filings filed under seal pursuant to this section must remain under seal. In making this judgment, the court shall consider the extent to which unsealing any or all parts of the record would cause, perpetuate, or increase any injury to any of the litigants or related third parties.

(c) If any party files a motion to seal the pleadings, motions, or other filings associated with a claim under this article, the court shall seal or continue to seal the pleadings, motions, or other filings absent a showing by the non-moving party of a compelling public interest to partially or completely unseal the pleadings, motions, or other filings.

(d) To the extent allowed by law, the parties may include in a covered contract a requirement that notice be provided prior to providing to outside third parties information protected under this article.

(e) In a civil action for breach of a covered contract in which the only damage pleaded and requested by the plaintiff is liquidated damages, there shall be no required proof of actual damage. As used in this subsection, a request for an award of attorneys’ fees, costs, and expenses is not considered damages or liquidated damages.
Ala. Code § 8-1-121 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-121
Section 8-1-121 Certain Contracts for Future Delivery Void; Exceptions
Status: in_force

(a) All contracts of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein the parties thereto do not intend a delivery of the article contracted for, but do intend to gamble on the difference between the contract price and some subsequent market price, shall be illegal and void, and no action shall be maintained in any court to enforce such contract or to compel payment of any note or security given in payment or settlement of the same.

(b) The provisions of subsection (a) of this section shall not be construed so as to apply to any person, firm, corporation or his or their agent, engaged in the business of manufacturing or wholesale merchandising in the purchase or sale of the necessary commodities required in the ordinary course of their business.