Section 8-19A-1 – Short Title.
Section 8-19A-1 Short title. This chapter may be cited as the “Alabama Telemarketing Act.” (Acts 1994, No. 94-650, p. 1220, §1.)
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 […]
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 […]
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 […]
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 […]
Section 8-19A-14 – Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser’s Rights.
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser’s rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this […]
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) […]
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 […]
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 […]
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 […]
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 […]
Section 8-19A-2 – Liberal Construction.
Section 8-19A-2 Liberal 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.)
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 […]
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 […]
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. […]
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 […]
Section 8-19A-24 – Rules.
Section 8-19A-24 Rules. The division shall promulgate rules to implement and administer this chapter. (Acts 1994, No. 94-650, p. 1220, §24.)
Section 8-19A-3 – Definitions.
Section 8-19A-3 Definitions. As used in this chapter and Chapter 19C, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) CALLER IDENTIFICATION SERVICE. A type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. (2) COMMERCIAL TELEPHONE SELLER. Any person who engages […]
Section 8-19A-4 – Exemptions.
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature. (2) A person making calls for religious, charitable, political, educational, or other noncommercial […]
Section 8-19A-5 – Licensing; Application for License.
Section 8-19A-5 Licensing; application for license. (a) Prior to doing business in this state, a commercial telephone seller shall obtain a license from the division. Doing business in this state includes both telephone solicitation from a location in Alabama and solicitation from other states or nations of purchasers located in Alabama. (b) An applicant for […]