reglab/housing_qa huggingface dataset:
AL Code § 8-19-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-4 - Enforcement

Section 8-19-4Enforcement (a) The office of the Attorney General and the district attorneys shall have the following functions, powers, and duties: (1) Conduct preliminary investigations to determine the merit of complaints, provided, however, the office of the Attorney General or the district attorneys need not handle any complaint which lacks merit, has been made in bad faith, or may be readily resolved between the parties. (2) Receive information and documentary material from complainants and take whatever action is appropriate in connection therewith as authorized by this chapter. The office of the Attorney General and the district attorneys may otherwise receive and investigate complaints with respect to acts or practices declared to be unlawful by this chapter, and inform the complainants with respect thereto. Said persons may institute legal proceedings or take such other actions provided for herein which are necessary or incidental to the exercise of its powers and functions. (3) For the purpose of enforcing subdivision (23) of Section 8-19-5, share information with and request information from any federal agency and any other agency of any other state or any local agency thereof. (b) Each department, agency, officer, or employee of the state shall cooperate with and assist the office of the Attorney General or a district attorney in the performance of its functions, powers, and duties. When a complaint is referred by the office of the Attorney General or a district attorney to a department, agency, officer, or employee of the state or a county, such entity shall, upon final disposition of the complaint, make a final report in writing to the office of the Attorney General or a district attorney describing the action taken and the final results of that action. (c) Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of the state, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers and duties, nor shall good faith compliance with any federal or state law or regulation be a violation of this chapter with respect to that specific act of compliance. (d) Nothing contained in this chapter shall be deemed to supersede, take precedence over, or preempt any remedy, either criminal or civil, available to the Commissioner of Agriculture and Industries or the Board of Agriculture and Industries in the enforcement of those laws and regulations under the jurisdiction of the commissioner or the board. (Acts 1981, No. 81-355, p. 510, §4; Act 2002-496, p. 1276, §1.)
AL Code § 8-19-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-6 - Interpretation.

Section 8-19-6Interpretation. It is the intent of the legislature that in construing Section 8-19-5, due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended. (Acts 1981, No. 81-355, p. 510, §6.)
AL Code § 8-19-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-7 - Exemptions.

Section 8-19-7Exemptions. Nothing in this chapter shall apply to: (1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement; (2) Any seller of goods or services who meets all the following requirements: a. Has disseminated advertisement or promotional material from a manufacturer, packer, distributor, or other seller, from whom he has purchased the goods or services, unless the seller knew the advertisement or promotional material to be false or misleading; and b. On the request of the Attorney General or district attorney, provides the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the goods or services; and c. On the request of the Attorney General or district attorney, agrees in writing to discontinue dissemination of such false and misleading material; (3) Any person or activity which is subject to the provisions of the Alabama Insurance Code, Title 27, as amended, or any bank or affiliate of a bank which is regulated by the State Banking Department of Alabama, the Comptroller of the Currency of the United States, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, or to any person or activity which is subject to the provisions of Title 10, Chapter 4, Article 6, or to the regulated activities of any utility, telephone company or railroad which is regulated by the Alabama Public Service Commission; (4) Any violation of the Federal Consumer Credit Protection Act (15 U.S.C. §1601 et seq.); (5) Any activity which is subject to the provisions of the Securities Act of Alabama, Chapter 6 of this title or to the provisions of the Sale of Checks Acts, Chapter 7 of this title; or to the provisions of Article 5 of Chapter 6 of this title (relating to a notification procedure for the issuance of certain industrial revenue bonds). (6) For purposes of this section, the burden of proving exemption from the provisions of this chapter shall be upon the person claiming the exemption. (Acts 1981, No. 81-355, p. 510, §7.)
AL Code § 8-19-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-8 - Restraining Orders.

Section 8-19-8Restraining orders. (a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in, has engaged in or is about to engage in any act or practice declared to be unlawful by this chapter, the Attorney General or the district attorney may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary or permanent injunction such acts or practices. However, unless the Attorney General or district attorney determines that a person subject to the provisions of this chapter designs quickly to depart from this state or to remove his property therefrom, or to conceal himself or his property therein, or to continue practices unlawful under this chapter, he shall, before initiating any legal proceedings is contemplated, allow such person a reasonable opportunity to appear before the Attorney General or district attorney and solve the dispute to the parties' satisfaction. (b) The court may appoint a master or receiver or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made, or whenever a person who has been ordered to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable, and assess the expenses of the master or receiver against the defendant. (c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of the provisions of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state. (d) The penalties authorized under this section shall not apply to any person who shows by a preponderance of evidence that he had established reasonable procedures to comply with the provisions of this chapter. (e) The court may grant such other appropriate relief as the court may determine. (Acts 1981, No. 81-355, p. 510, §8.)
AL Code § 8-19-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-9 - Discovery of Information.

Section 8-19-9Discovery of information. Before any action is commenced, the Attorney General or the district attorneys may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General or district attorney may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)
AL Code § 8-19-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-11 - Penalties.

Section 8-19-11Penalties. (a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per violation and shall be adjudged in contempt. For the purpose of this section, any circuit court issuing an injunction or order under this chapter shall retain jurisdiction, and in such cases the Attorney General or the district attorney acting in the name of the state may petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the Attorney General or a district attorney acting in the name of the state to the circuit court for the county in which the defendant resides, is doing business, or has his/her principal place of business, or the county in which the unlawful act or practice was or is being committed. (c) Furthermore, upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (a) of this section, and upon petition by the Attorney General or a district attorney, the circuit court of general jurisdiction of a county may, in its discretion, order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship which willfully violates the terms of any injunction issued under Section 8-19-8. (d) The penalties authorized under this section shall not apply to any offender who shows by a preponderance of evidence that he had established reasonable procedures to comply with this chapter or with any injunction issued under Section 8-19-8. (e) In any successful action or petition brought under this section, the court shall award the office of the Attorney General and/or the office of the district attorney reasonable attorney's fees and costs. (f) All penalties collected under this section shall be remitted by the circuit court to the state treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney, whichever initiated the action or petition resulting in imposition of such penalties. (Acts 1981, No. 81-355, p. 510, §11.)
AL Code § 8-19-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-12 - Violations.

Section 8-19-12Violations. (a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to any other penalties set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5: (1) Shall be guilty of a Class A misdemeanor. (2) Shall be subject to the revocation of any license or permit pertaining to the sale or distribution of cigarettes or other tobacco products, including, but not limited to, any license or permit issued by the Commissioner of Revenue pursuant to Chapter 25 of Title 40. (c) Notwithstanding any other provision of law, any law enforcement officer or agent of the Department of Revenue shall seize any cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized shall be deemed contraband goods and shall be confiscated and destroyed. Such cigarettes shall be deemed contraband goods whether the violation is knowing or otherwise. (Acts 1981, No. 81-355, p. 510, §12; Act 99-583, p. 1327, §1; Act 2002-496, p. 1276, §1; Act 2009-503, p. 929, §1.)
AL Code § 8-19-13 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-13 - Defense.

Section 8-19-13Defense. Any person against whom any civil action or proceeding is brought pursuant to this chapter shall have a defense to such action or proceeding upon a showing by a preponderance of the evidence presented that such person did not knowingly commit any act or knowingly engage in any activity which constitutes a violation of any provision of this chapter. (Acts 1981, No. 81-355, p. 510, §13.)
AL Code § 8-19-14 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-14 - Statute of Limitations.

Section 8-19-14Statute of limitations. No action may be brought under this chapter more than one year after the person bringing the action discovers or reasonably should have discovered the act or practice which is the subject of the action, but in no event may any action be brought under this chapter more than four years from the date of the transaction giving rise to the cause of action unless the contract or warranty is for more than three years. If the contract or warranty is for more than three years, no action may be brought more than one year from the expiration date of the contract or warranty or more than one year after the person bringing the action discovered or reasonably should have discovered the act or practice which is the subject of the action, whichever occurs first. (Acts 1981, No. 81-355, p. 510, §14.)
AL Code § 8-19-15 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19 - Deceptive Trade Practices.|Section 8-19-15 - Savings Clause.

Section 8-19-15Savings clause. (a) The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive. An election to pursue the civil remedies prescribed in this chapter shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter. (b) An election to pursue any civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter shall exclude and be a surrender of all rights and remedies available under this chapter. All other remedies, penalties or actions presently provided by statute or common law or hereafter provided for in any other law or rule of procedure are cumulative with the provisions, remedies and actions in this chapter and this chapter shall not be construed to repeal or supersede any law not inconsistent herewith. (Acts 1981, No. 81-355, p. 510, §15.)
AL Code § 8-19A-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-1 - Short Title.

Section 8-19A-1Short title. This chapter may be cited as the "Alabama Telemarketing Act." (Acts 1994, No. 94-650, p. 1220, §1.)
AL Code § 8-19A-2 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-2 - Liberal Construction.

Section 8-19A-2Liberal construction. The provisions of this chapter shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry. (Acts 1994, No. 94-650, p. 1220, §2.)
AL Code § 8-19A-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-8 - Display of License Required; Penalty for Failure to Display License.

Section 8-19A-8Display of license required; penalty for failure to display license. (a) The division shall issue to each approved applicant a license in the form and size as is prescribed by the division and, in the case of a commercial telephone seller, shall issue a license for each location at which the commercial telephone seller proposes to do business. Each license issued under this chapter shall show the name and address of the licensee. (b) Each licensee shall prominently display his or her license at the location where he or she does business. Each licensee shall make the license available for inspection by any governmental agency upon request. (c) Failure to display a license is sufficient grounds for the division to issue an immediate cease and desist order. The order shall remain in effect until the commercial telephone seller can show the authorities that he or she is licensed. The division shall order the business to cease operations and request the Public Service Commission to order the providers to disconnect any and all telecommunications services being provided to or used by the business. Defendants have the burden of petitioning the circuit court for relief from the cease and desist order. Failure of a salesperson to display a license may result in the salesperson being summarily ordered by the division to leave the office until such time as he or she can produce a license for the division. (Acts 1994, No. 94-650, p. 1220, §8.)
AL Code § 8-19A-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-9 - License Renewal.

Section 8-19A-9License renewal. (a) Each person licensed under this chapter shall renew his or her license annually by paying the fee for licensing and submitting to the division the application required by this chapter. (b) Except as otherwise provided in subsection (c), if any material change in the information submitted for licensing occurs before the date for renewal, a licensee shall submit that information to the division in the manner prescribed by the division, along with a fee in the amount of ten dollars ($10). (c) If any change is made to any script, outline, presentation, sales information, or literature used by a licensee in connection with any solicitation, the new or revised material shall be submitted by the licensee to the division within 10 days of the change. (d) If any licensee has a change of address or status required to be disclosed pursuant to Sections 8-19A-5 to 8-19A-7, inclusive, notification shall be made to the division in writing within 10 days of the change. (Acts 1994, No. 94-650, p. 1220, §9.)
AL Code § 8-19A-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-10 - Financial Requirements.

Section 8-19A-10Financial requirements. (a) An application filed pursuant to Section 8-19A-5 shall be accompanied by: (1) A bond executed by a corporate surety approved by the division and licensed to do business in this state. (2) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the federal government. (3) A certificate of deposit in a financial institution insured by an agency of the federal government, which may be withdrawn only on the order of the division, except that the interest may accrue to the applicant. (b) The amount of the bond, letter of credit, or certificate of deposit shall be a minimum of fifty thousand dollars ($50,000), and the bond, letter of credit, or certificate of deposit shall be conditioned upon compliance by the applicant with this chapter. The division may establish a bond of a greater amount to ensure the general welfare of the public and the interests of the telemarketing industry. (c) The bond shall be posted with the division. (d) The division or any governmental agency, on behalf of any injured purchaser or any purchaser himself or herself who is injured by the bankruptcy of the applicant or his or her breach of any agreement entered into in his or her capacity as a licensee, may bring and maintain an action to recover against the bond, letter of credit, or certificate of deposit. (Acts 1994, No. 94-650, p. 1220, §10.)