Section 8-19-1 – Short Title.

Section 8-19-1 Short title. This chapter shall be known and may be cited as the “Deceptive Trade Practices Act.” (Acts 1981, No. 81-355, p. 510, §1.)

Section 8-19-10 – Private Right of Action.

Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer, and any person who commits one or more of the acts or practices declared unlawful in subdivisions (19) and (20) of Section 8-19-5 […]

Section 8-19-11 – Penalties.

Section 8-19-11 Penalties. (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 […]

Section 8-19-12 – Violations.

Section 8-19-12 Violations. (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) […]

Section 8-19-13 – Defense.

Section 8-19-13 Defense. 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 […]

Section 8-19-14 – Statute of Limitations.

Section 8-19-14 Statute 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 […]

Section 8-19-15 – Savings Clause.

Section 8-19-15 Savings 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 […]

Section 8-19-2 – Legislative Intent.

Section 8-19-2 Legislative intent. The public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consuming public and the legitimate businessperson. (Acts 1981, No. 81-355, p. 510, §2.)

Section 8-19-3 – Definitions.

Section 8-19-3 Definitions. As used in this chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) ATTORNEY GENERAL. The Attorney General of the State of Alabama or his or her duly designated representatives. (2) BONA FIDE INVENTORY REPURCHASE PROGRAM. A program by which an entity repurchases from a salesperson […]

Section 8-19-4 – Enforcement

Section 8-19-4 Enforcement (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 […]

Section 8-19-5 – Unlawful Trade Practices.

Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services as those of another, provided that this section shall not prohibit the private labeling of goods or services. (2) Causing confusion or misunderstanding as […]

Section 8-19-6 – Interpretation.

Section 8-19-6 Interpretation. 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. […]

Section 8-19-7 – Exemptions.

Section 8-19-7 Exemptions. 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 […]

Section 8-19-8 – Restraining Orders.

Section 8-19-8 Restraining 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 […]

Section 8-19-9 – Discovery of Information.

Section 8-19-9 Discovery 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. […]