reglab/housing_qa huggingface dataset:
AL Code § 8-19A-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-11 - Denial of License.

Section 8-19A-11Denial of license. (a) The division may deny licensure to any applicant who: (1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or any other crime involving moral turpitude. Conviction includes a finding of guilt where adjudication has been withheld. (2) Has had entered against him or her or any business for which he or she has worked or been affiliated, an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property or the use of any unfair, unlawful, or deceptive trade practice. (3) Is subject to or has worked or been affiliated with any company which is, or ever has been, subject to any injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, or any restrictive court order relating to a business activity as the result of any action brought by a governmental agency, including any action affecting any license to do business or practice an occupation or trade. (4) Has at any time during the previous seven years filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency. (5) Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed the bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within one year after the person held that position. (6) Has been previously convicted of or found to have been acting as a salesperson or commercial telephone seller without a license or whose licensure has previously been refused, revoked, or suspended in any jurisdiction. (7) Falsifies or willfully omits any material information asked for in the application. (8) Otherwise violates this chapter. (b) An applicant may appeal the denial or nonrenewal of a license by requesting in writing, within 30 days of receipt of the notice of denial or nonrenewal, a hearing. The hearing shall be conducted in accordance with Chapter 22, Title 41, and presided over by a hearing officer designated by the division. When any hearing officer conducts a hearing with respect to the issuance of a license by the division, the hearing officer shall submit his or her recommended order to the division, which shall issue a final order of the division in accordance with Chapter 22, Title 41. (Acts 1994, No. 94-650, p. 1220, §11.)
AL Code § 8-19A-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-12 - Oral Disclosures.

Section 8-19A-12Oral disclosures. (a) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify himself or herself by stating his or her true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold. (b) If a sale or an agreement to purchase is completed, the commercial telephone seller shall inform the purchaser of his or her cancellation rights as provided in this chapter, state the license number issued by the division for both the commercial telephone seller and the salesperson, and give the street address of the commercial telephone seller. (c) All oral disclosures required by this section shall be made in a clear and intelligible manner. (Acts 1994, No. 94-650, p. 1220, §12.)
AL Code § 8-19A-13 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-13 - Gifts, Premiums, Bonuses, or Prizes; Disclosures.

Section 8-19A-13Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the division a statement setting forth, for each item mentioned: (1) A description of the item. (2) The value or worth of the item and the basis for the valuation. (3) All terms and conditions a purchaser is required to satisfy in order to receive the item. The statement shall be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving the item. (5) If a purchaser is to receive fewer than all the items described by the seller: a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive. b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described. c. The name and address of each person who has, during the preceding 12 months or any portion thereof in which the commercial telephone seller has done business, received each gift, premium, bonus, or prize. The provisions of this section shall not apply if the item is unconditionally offered to a purchaser as part of a sale and the buyer has seven days to return the goods or cancel the services and the right to receive a full refund in 30 days and the right to keep the item in that case without cost. (Acts 1994, No. 94-650, p. 1220, §13.)
AL Code § 8-19A-15 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-15 - Violations.

Section 8-19A-15Violations. (a) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment. (b) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson. (c) It shall be unlawful for any salesperson to be employed by, or affiliated with, an unlicensed commercial telephone seller. (d) It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed. (e) It shall be unlawful for any salesperson or commercial telephone seller to otherwise violate this chapter. (Acts 1994, No. 94-650, p. 1220, §15.)
AL Code § 8-19A-16 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-16 - Enforcement Procedures.

Section 8-19A-16Enforcement procedures. (a) If, by his or her own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in a practice that violates this chapter, he or she may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which he or she resides or in which he or she transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this chapter or upon service of the subpoena in a civil action. The subpoena shall inform the party served of his or her rights under this subsection. (b) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or his or her representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf, and he or she may respond to similar requests from officials of other states. (c) Upon failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance. (Acts 1994, No. 94-650, p. 1220, §16.)
AL Code § 8-19A-17 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-17 - Actions by Enforcing Authority.

Section 8-19A-17Actions by enforcing authority. The division may bring: (1) An action to obtain a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin any person who has violated or is violating this chapter. (3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of this chapter. This action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter. Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer's reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a master or receiver against a commercial telephone seller. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order. (Acts 1994, No. 94-650, p. 1220, §17.)
AL Code § 8-19A-18 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-18 - Civil Penalties; Recovery of Penalties.

Section 8-19A-18Civil penalties; recovery of penalties. (a) Any person who engages in any act or practices that violate this chapter is liable for a civil penalty of up to ten thousand dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the following: (1) Civil action against the person engaging in the violative act or practice. (2) Agreement and settlement of a civil action filed by stipulation of terms by the person engaging in the violative act or practice and the director of the division by authority of the Attorney General, and by payment of any agreed upon amount by the person against whom the claim was filed. (3) The settlement of a claim against a person for violation of this chapter before civil action is filed by agreement upon terms and by the payment of any settlement amount agreed upon by the person and the director of the division by authority of the Attorney General. (c) Upon ceasing the violative act or practice and agreeing to desist therefrom, and upon the payment of the settlement or stipulated amount to the office of the Attorney General by the person in violation, the director of the division may terminate the investigation or prosecution of any civil action or proposed action. (d) The division or the court may waive any civil penalty or other claims, or costs if the person has previously made full restitution or reimbursement or has paid actual damages to the purchasers who have been injured by the act or practice in violation of this chapter. (e) All amounts recovered and all monies paid under this chapter shall be deposited into the State General Fund and are appropriated as received hereby to the Attorney General's Special Revenue Account for implementing and enforcing this chapter. Notwithstanding the provisions of this subsection (e), one half of the licensing fee collected under subdivision (2) of subsection (b) of Section 8-19A-7 shall be remitted to the treasury of the county within the State of Alabama in which the business is licensed. (Acts 1994, No. 94-650, p. 1220, §18.)
AL Code § 8-19A-19 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-19 - Attorney's Fees and Costs.

Section 8-19A-19Attorney's fees and costs. (a) In any civil action or investigation resulting from a transaction involving a violation of this chapter, except as provided in subsection (c), the division shall receive reasonable attorney's fees and costs from the nonprevailing party. The amounts appropriated for those purposes in this chapter are in addition to all monies heretofore and hereafter appropriated in any special or general appropriation act to the Attorney General's Special Revenue Account which is a revolving fund in which the Attorney General is authorized to make deposits and withdrawals from time to time so that the account operates on a revolving basis for expenditure for administration and future civil and criminal investigation and prosecution, and all balances of revenue, income, and receipts remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund under Section 41-4-93. (b) Any award of attorney's fees or costs shall become a part of the judgment and subject to execution as the law allows. (c) In any civil litigation initiated by the division resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney's fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party. (d) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred. (Acts 1994, No. 94-650, p. 1220, §19.)
AL Code § 8-19A-20 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-20 - Criminal Prosecuting Authority.

Section 8-19A-20Criminal prosecuting authority. The division or other enforcing authority shall have criminal prosecuting authority concerning the violations of this chapter or of any rule or order hereunder. In addition to any other action, the division or other enforcing authority may bring an action against any person to enjoin, restrain, and prevent the doing of any act or practice herein prohibited or declared unlawful. (Acts 1994, No. 94-650, p. 1220, §20.)
AL Code § 8-19A-21 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-21 - Criminal Penalties.

Section 8-19A-21Criminal penalties. (a) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. (b) No commercial telephone seller shall employ or be affiliated with a salesman who is soliciting purchasers and who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. (c) No commercial telephone seller or salesperson shall solicit without a license. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. (d) Any commercial telephone seller or salesperson who falsifies information on an application commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. (e) Except as provided in subsections (a), (b), (c), or (d), any person who otherwise violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any commercial telephone seller commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. (f) Any person who is convicted of a second or subsequent violation of this chapter commits a Class B felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. A conviction shall include a finding of guilt where adjudication has been withheld. (g) Any person who violates this chapter shall also be guilty of a violation of Sections 8-19-1 to 8-19-15, inclusive. (Acts 1994, No. 94-650, p. 1220, §21.)
AL Code § 8-19A-22 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-22 - Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidence.

Section 8-19A-22Civil proceeding burden of proof; criminal proceeding burden of producing evidence. In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption specified in Section 8-19A-4 or that the person or entity is not otherwise subject to this chapter is upon the person or entity claiming the exemption. In any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption specified in Section 8-19A-4 or that the person or entity is not subject to this chapter is upon the person or entity claiming the defense. (Acts 1994, No. 94-650, p. 1220, §22.)
AL Code § 8-19A-23 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-23 - Injured Person's Right of Recovery; Deceptive Trade Practices Act.

Section 8-19A-23Injured person's right of recovery; Deceptive Trade Practices Act. In addition to any other penalties or remedies provided under law, a person who is injured by a violation of this chapter may bring a civil action for recovery of actual damages and any damages that would be available at common law or by statute, including actual costs, court costs, and attorney's fees. No provision in this chapter shall be construed to limit any right or remedy provided under law. Any violation of this chapter shall also be considered a violation of the Deceptive Trade Practices Act, Section 8-19-1, et seq. (Acts 1994, No. 94-650, p. 1220, §23.)
AL Code § 8-19A-24 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19A - Alabama Telemarketing Act.|Section 8-19A-24 - Rules.

Section 8-19A-24Rules. The division shall promulgate rules to implement and administer this chapter. (Acts 1994, No. 94-650, p. 1220, §24.)
AL Code § 8-19B-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19B - Unauthorized Changing of Provider of Telecommunication Services.|Section 8-19B-1 - Change in Telecommunication Service.

Section 8-19B-1Change in telecommunication service. (a) It shall be unlawful for any person or provider of telecommunication service to knowingly designate or change the provider of telecommunication service to a subscriber without the permission or authorization of such subscriber. An affirmative order for designation or change in such service provider shall be confirmed by any of the following methods: (1) Obtaining the consumer's written authorization. (2) Obtaining the consumer's electronic authorization by use of an 800 number. (3) Having the consumer's oral authorization verified by an independent third party. (4) Sending an information package, including a prepaid, returnable postcard, within three days of the consumer's request for a PIC change, and waiting 14 days before submitting the consumer's order to the LEC, so that the consumer has sufficient time to return the postcard denying, cancelling, or confirming the change order. (b) Any person or provider of telecommunication service knowingly designating or changing the subscriber's telecommunication service provider in violation of subsection (a) shall credit or refund to the subscriber any amounts billed or paid for charges associated with such service and the unauthorized change, shall pay to other telecommunication providers any and all fees set by the Public Service Commission for such designation or change, and may be penalized up to five hundred dollars ($500) per unauthorized change by the Public Service Commission to be deposited to the State General Fund. (c) The use of contest or sweepstake entries of any kind which results in changing the provider of a subscriber's telecommunication service is prohibited and subject to penalties as described above. (d) This section shall be enforced by the Public Service Commission. The commission may promulgate rules and regulations pursuant to this section. (Acts 1997, No. 97-412, p. 678 §1.)
AL Code § 8-19C-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 19C - Telephone Solicitations.|Section 8-19C-1 - Legislative Findings.

Section 8-19C-1Legislative findings.  The Legislature of Alabama finds all of the following: (1) The use of the telephone to market goods and services to the home is pervasive now due to the increased use of cost-effective telemarketing techniques. (2) Over 30,000 businesses actively telemarket goods and services to business and residential customers. (3) Everyday, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state. (4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of the home. (5) Many citizens of this state are outraged over the proliferation of nuisance calls to their homes from telemarketers. (6) Privacy rights and commercial freedom of speech of individuals can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices. (7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls in their homes. (Act 99-450, p. 1043, §1.)