reglab/statecodes huggingface dataset:
2023 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-8
Display 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-9 - License Renewal.

Section 8-19A-9
License 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-10 - Financial Requirements.

Section 8-19A-10
Financial 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.)
2023 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-11
Denial 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-12 - Oral Disclosures.

Section 8-19A-12
Oral 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.)
2023 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-13
Gifts, 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-15 - Violations.

Section 8-19A-15
Violations.
(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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-16 - Enforcement Procedures.

Section 8-19A-16
Enforcement 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.)
2023 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-17
Actions 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.)
2023 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-18
Civil 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.)
2023 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-19
Attorney'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.)
2023 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-20
Criminal 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19A - Alabama Telemarketing Act. › Section 8-19A-21 - Criminal Penalties.

Section 8-19A-21
Criminal 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.)
2023 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-22
Civil 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.)
2023 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-23
Injured 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.)
2023 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-1
Change 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-1 - Legislative Findings.

Section 8-19C-1
Legislative 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.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-2 - Database of Subscribers Objecting to Telephone Solicitations.

Section 8-19C-2
Database of subscribers objecting to telephone solicitations.
(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.
(Act 99-450, p. 1043, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-3 - Database Fees.

Section 8-19C-3
Database fees.
(a) The commission shall have the authority to charge a residential subscriber a fee every two years payable to the commission for each notice for inclusion on the database established pursuant to this chapter. The commission shall also have the authority to charge a person or entity desiring to make telephone solicitations a fee per year payable to the commission for access to, or for paper or electronic copies of the database established pursuant to this chapter. Any fee established by the commission shall be subject to the approval of the Legislative Council.
(b) The commission shall update its "no sales solicitation calls" listing upon receipt of initial consumer subscriptions or renewals and provide this listing for a fee, pursuant to subsection (a).
(c) All fees collected under this chapter shall be deposited into a separate fund in the State Treasury to be expended by the commission for the implementation and administration of this chapter. At the end of each fiscal year, unexpended monies remaining in the fund shall not revert to any other fund of the state, but shall remain available for appropriation. The Legislature shall annually appropriate from the fund the amount necessary for the administration of this chapter to the commission subject to the provisions, terms, conditions, and limitations of the Budget and Financial Control Act, Sections 41-4-80 et seq., Sections 41-19-1 et seq., and any other provisions of this chapter.
(Act 99-450, p. 1043, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-4 - Disclosure of Information.

Section 8-19C-4
Disclosure of information.
Information contained in the database established pursuant to this chapter may be used only for the purpose of compliance with this chapter or in a proceeding or action pursuant to Section 8-19C-6 or 8-19C-7. The information shall not be subject to public inspection or disclosure.
(Act 99-450, p. 1043, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-5 - Identification by Telephone Solicitors Required.

Section 8-19C-5
Identification by telephone solicitors required.
(a) Any person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall identify himself or herself as provided under Section 8-19A-12.
(b) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may knowingly utilize a method to block or otherwise circumvent the use of a caller identification service by the subscriber.
(Act 99-450, p. 1043, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-6 - Violations.

Section 8-19C-6
Violations.
The commission may commence proceedings in the circuit court in the county relating to a knowing violation or threatened knowing violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5. Proceedings which the commission may commence, include, without limitation, issuance of a cease and desist order or issuance of an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation. The proceedings shall be brought in the name of the state. The commission may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5.
(Act 99-450, p. 1043, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-7 - Action to Enjoin Violations.

Section 8-19C-7
Action to enjoin violations.
A person who has received more than one telephone solicitation within a 12-month period by or on behalf of the same person or entity in violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5 may bring an action to enjoin the violation; bring an action to recover for actual monetary loss from the knowing violation or to receive up to two thousand dollars ($2,000) in damages for each knowing violation, whichever is greater; or bring both actions.
(Act 99-450, p. 1043, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-8 - Defenses.

Section 8-19C-8
Defenses.
It shall be a defense in any action or proceeding brought under Section 8-19C-6 or Section 8-19C-7 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter.
(Act 99-450, p. 1043, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-9 - Limitations.

Section 8-19C-9
Limitations.
No action or proceeding may be brought under Section 8-19C-6 or Section 8-19C-7 more than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or more than two years after the termination of any proceeding or action by the state, whichever is later.
(Act 99-450, p. 1043, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-10 - Jurisdiction.

Section 8-19C-10
Jurisdiction.
A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this chapter.
(Act 99-450, p. 1043, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-11 - Remedies Not Exclusive.

Section 8-19C-11
Remedies not exclusive.
The remedies, duties, prohibitions, and penalties of Sections 8-19C-2 to 8-19C-10, inclusive, of this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies, and penalties provided by law.
(Act 99-450, p. 1043, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19C - Telephone Solicitations. › Section 8-19C-12 - Liability.

Section 8-19C-12
Liability.
No provider of telephone caller identification service, local exchange telephone company, or long distance telephone company may be held liable for violations of this chapter committed by other persons or entities.
(Act 99-450, p. 1043, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation. › Section 8-19D-1 - Definitions.

Section 8-19D-1
Definitions.
For purposes of this chapter, the following words shall have the following meanings:
(1) PERSON. An individual, corporation, company, partnership, estate, trust, association, foundation, cooperative, or any other legal entity.
(2) PRIZE. Any item of value given to a winner in a sweepstakes who has been selected on the basis of lot or chance.
(3) QUALIFYING LANGUAGE. The language in the solicitation that accompanies the representation that the person being solicited has won or has been selected to receive a prize and that indicates the circumstances or provisions under which the person being solicited will be eligible to receive the prize. The term includes, but is not limited to, language which requires the person to perform some act, to submit information, to hold the winning number, or for the person's assigned numbers to be drawn by the sponsor of the sweepstakes.
(4) SWEEPSTAKES. A legal contest or game where anything of value is distributed by lot or chance.
(Act 99-445, p. 1012, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19D - Civil Action for Deceptive Sweepstakes Solicitation. › Section 8-19D-2 - Deceptive Solicitations; Action for Damages.

Section 8-19D-2
Deceptive solicitations; action for damages.
(a) It shall be unlawful for any person to solicit or sell a product or service through the mail by implying or expressly representing in the solicitation that the person being solicited has won or has been selected to receive a prize or purported prize unless the qualifying language appears in print that is clear, easily read, and conspicuous.
(b) A person who suffers damage as a result of a violation of subsection (a) may bring a civil action against the sponsor or promoter of the solicitation, or both. Damages shall not exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.
(Act 99-445, p. 1012, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-1 - Purchase Price Printed on Face of Ticket.

Section 8-19E-1
Purchase price printed on face of ticket.
Admission tickets to any athletic contest, dance, theater, concert, circus, or other amusement shall have the price paid for the ticket, excluding order processing and delivery charges, printed on the face of the ticket.
(Act 2009-568, p. 1670, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-2 - Resale of Admission Ticket.

Section 8-19E-2
Resale of admission ticket.
An admission ticket that was originally issued, sold, or authorized by the organizer or venue to any athletic contest, dance, theater, concert, circus, or other amusement may be resold for an amount in excess of the price printed on the face of the ticket.
(Act 2009-568, p. 1670, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-3 - Sale of Counterfeit Admission Ticket.

Section 8-19E-3
Sale of counterfeit admission ticket.
(a) Any person who sells a counterfeit admission ticket, upon conviction, shall be guilty of forgery in the third degree which is a Class A misdemeanor.
(b) A license inspector may issue citations and otherwise enforce this chapter under the authority granted pursuant to Section 40-12-10.
(Act 2009-568, p. 1670, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19E - Sale of Admission Tickets. › Section 8-19E-4 - License Not Required for Internet or Electronic Sales.

Section 8-19E-4
License not required for Internet or electronic sales.
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.
(Act 2009-568, p. 1670, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-2 - Definitions.

Section 8-19F-2
Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) CONFIDENTIAL INFORMATION. Information related to the play of a fantasy contest by fantasy contest players obtained as a result of, or by virtue of, a person's employment.
(2) ENTRY FEE. Cash or cash equivalent that is required to be paid by a fantasy contest player to a fantasy contest operator in order to participate in a fantasy contest.
(3) FANTASY CONTEST. A simulated game of skill in which both of the following are true:
a. Winning outcomes are determined predominately by accumulated statistical results of performance of individual athletes in actual sporting events.
b. Winning outcomes are not based on the score, point spread, or any performance of any single actual sports team or combination of teams or solely on any single performance of an individual athlete in any single sporting event.
(4) FANTASY CONTEST OPERATOR. A person or entity that offers fantasy contests with an entry fee for a cash prize to the general public.
(5) FANTASY CONTEST PLAYER. A person who participates in a fantasy contest offered by a fantasy contest operator.
(6) GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players, less the total of all sums paid out as winning to all fantasy contest players multiplied by the location percentage for this state.
(7) LOCATION PERCENTAGE. The percentage, rounded to the nearest tenth of a percent, of the total of all entry fees collected from fantasy contest players located in this state, divided by the total entry fees collected from all fantasy contest players in fantasy contests.
(8) NATIONAL GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players located in the United States, less the total of all sums paid out as winnings to all fantasy contest players.
(9) REGULATOR. The Office of the Attorney General.
(Act 2019-343, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-3 - Registration of Operators; Fees; Taxes.

Section 8-19F-3
Registration of operators; fees; taxes.
(a)(1) No fantasy contest operator shall offer any fantasy contest with an entry fee in this state without first being registered with the regulator. Applications for registration and renewal shall be under oath, in the form prescribed by the Attorney General. The regulator shall make applications for operators available by November 27, 2019.
(2) A fantasy contest operator that offered fantasy contests in this state prior to May 1, 2016, may operate fantasy contests in this state on May 31, 2019, provided the operator files an application for registration with the regulator within 60 days of availability of the application.
(b) The regulator may not adopt rules limiting or regulating the rules or administration of an individual fantasy contest, the statistical makeup of a fantasy contest, or the digital platform of a fantasy contest operator.
(c) At the time of initial registration to offer fantasy contests with an entry fee in this state, a fantasy contest operator shall pay to the regulator an initial registration fee as follows:
(1) A fantasy contest operator that has national gross fantasy contest revenues in excess of ten million dollars ($10,000,000) shall pay an initial registration fee of eighty-five thousand dollars ($85,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of eighty-five thousand dollars ($85,000).
(2) All other fantasy contest operators shall pay an initial registration fee of one thousand dollars ($1,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of one thousand dollars ($1,000).
(d) On the anniversary date of the fantasy contest operator's registration, the fantasy contest operator shall annually pay a tax equal to ten and one-half percent of the fantasy contest operator's gross fantasy contest revenues from the immediately preceding 12-month period. The revenues shall be deposited to the credit of the state General Fund.
(e) Any operator applying for registration, renewal, or transfer of a registration may operate during the application period unless the regulator has reasonable cause to believe that the operator is or may be in violation of this chapter, and the regulator requires the operator to suspend the operation of any fantasy contest until registration, transfer, or renewal of registration is approved.
(Act 2019-343, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-5 - Deceptive Trade Practices.

Section 8-19F-5
Deceptive trade practices.
A violation of this chapter is a deceptive trade practice under the Deceptive Trade Practices Act, Chapter 19 of this title.
(Act 2019-343, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-8 - Applicability of Gambling Statutes.

Section 8-19F-8
Applicability of gambling statutes.
Article 2 of Chapter 12 of Title 13A does not apply to a fantasy contest.
(Act 2019-343, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-9 - Exclusion From Lottery or Gift Enterprise Provisions.

Section 8-19F-9
Exclusion from lottery or gift enterprise provisions.
A fantasy contest offered pursuant to this chapter does not constitute a lottery or gift enterprise pursuant to Section 65 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(Act 2019-343, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 19F - Fantasy Contests Act. › Section 8-19F-10 - Relation to Other Laws.

Section 8-19F-10
Relation to other laws.
Nothing in this chapter shall be construed to alter the existing authority of the state or any state official with respect to any matter other than fantasy contests as defined in this chapter.
(Act 2019-343, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-1 - Short Title.

Section 8-20-1
Short title.
This chapter may be cited as "The Motor Vehicle Franchise Act."
(Acts 1981, No. 81-390, p. 596, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-2 - Declaration of Purpose.

Section 8-20-2
Declaration of purpose.
(a) The Legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affect the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate the dealings between manufacturers and distributors or wholesalers and their dealers in order to prevent fraud and other abuses upon the citizens of this state and to protect and preserve the investments and properties of the citizens of this state.
(b) This chapter shall not apply to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this title applies.
(Acts 1981, No. 81-390, p. 596, §2; Act 2011-636, p. 1529, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 20 - Dealings by Motor Vehicle Manufacturers, Wholesalers, etc., With Motor Vehicle Dealers. › Section 8-20-4.1 - Obligation to Act in Good Faith and Deal Fairly.

Section 8-20-4.1
Obligation to act in good faith and deal fairly.
Every dealer agreement entered into under Act 2010-198 shall impose on the parties the obligation to act in good faith and to deal fairly.
(Act 2010-198, p. 300, §2.)