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, […]
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.)
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.)
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.)
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 […]
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 […]
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.)
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 […]
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 […]
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 […]
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.)
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 […]
