Section 8-38-7 – Notice of Security Breach – Consumer Reporting Agencies.
Section 8-38-7 Notice of security breach – Consumer reporting agencies. If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined […]
Section 8-38-8 – Notice of Security Breach – Covered Entity.
Section 8-38-8 Notice of security breach – Covered entity. In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following […]
Section 8-38-9 – Violations of Notification Requirements.
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action […]
Section 8-38-10 – Disposal of Records Containing Sensitive Personally Identifying Information.
Section 8-38-10 Disposal of records containing sensitive personally identifying information. A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business […]
Section 8-38-11 – Exemptions – Federal.
Section 8-38-11 Exemptions – Federal. An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following: (1) Maintains procedures pursuant to those laws, rules, regulations, procedures, […]
Section 8-38-12 – Exemptions – State.
Section 8-38-12 Exemptions – State. An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this chapter so long as the entity […]
Section 8-39-1 – Short Title.
Section 8-39-1 Short title. This chapter shall be known and may be cited as the New Assistive Devices Warranty Act. (Act 2018-448, §1.)
Section 8-39-2 – Definitions.
Section 8-39-2 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is […]
Section 8-39-3 – Reporting and Repair of Assistive Device With a Noncomformity.
Section 8-39-3 Reporting and repair of assistive device with a noncomformity. (a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following: (1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers […]
Section 8-39-4 – Refund or Replacement for Assistive Device With a Non Comformity.
Section 8-39-4 Refund or replacement for assistive device with a non comformity. (a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund […]