Violation is a Class A misdemeanor, a Class C felony or a Class B felony depending upon the amount of the funds involved. It gives the Attorney General and the district attorneys power to investigate complaints and take appropriate action, including bringing legal action in a representative capacity on behalf of any named person or persons. It enumerates deceptive trade practices which are declared to be unlawful. The Act does not apply to businesses which are regulated by the Alabama Banking Department, the Alabama Insurance Department, the Alabama Securities Commission and the Alabama Public Service Commission or fall under Federal regulation. The Act also creates a private right of action against a person who has violated the Act by an individual who has been caused monetary damage.
Civil penalties are to be credited to the office which initiated the action.
Willful and continuous violations of any provision of the Act are also a Class A misdemeanor. No action may be brought under the Act more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action. In no event may any action be brought more than four years from the date of the transaction unless the contract or warranty is for more than three years, in which case no action may be brought more than one year from the expiration date of the contract or warranty or more than one year after the person bringing the action discovered or reasonably should have discovered the act or practice. The business must close within 3 months and may not add inventory during the sale. The Alabama Health Studio Services Act requires that each person who sells health studio services in this state register with the Attorney General's Consumer Affairs Section.