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8-19-10
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 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-10.htm - 5K - Match Info - Similar pages
8-33-13
Section 8-33-13 Applicability. This chapter applies to all vehicle protection products sold
or offered for sale on or after January 1, 2007. The failure of any person to comply with
this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
be used to prove that the action of any person or the affected vehicle protection product
was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle
protection product warranty was insurance prior to January 1, 2007. The penalty provisions
of this chapter do not apply to any violation of this chapter relating to or in connection
with the sale or failure to disclose in a retail installment contract or lease, or contract
or agreement that provides for payments under a vehicle protection product warranty as long
as the sale of such product, contract, or agreement was otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-33-13.htm - 1K - Match Info - Similar pages
21-4-24
Section 21-4-24 Actions for injunctive relief to enforce article. (a) Whenever the Attorney
General of this state has reason to believe that (1) A registration or polling place does
not comply with the standards prescribed under subsection (a) of Section 21-4-23; or (2) A
county has failed to provide registration and voting aids as required by Section 21-4-23,
the Attorney General may institute, in the name of the state, an action in the Circuit Court
of Montgomery County against the county, for injunctive relief, as may be necessary to implement
this article. (b) Whenever an individual has reason to believe that (1) A registration or
polling place does not comply with the standards prescribed under subsection (a) of Section
21-4-23; or (2) A county has failed to provide registration and voting aids as required by
Section 21-4-23, and that individual is personally aggrieved or is acting on behalf of an
individual personally aggrieved by failure of the county to comply with this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/21-4-24.htm - 1K - Match Info - Similar pages
45-27-82
Section 45-27-82 Recovery of court costs. (a) The office of the district attorney serving Escambia
County, Alabama, shall be allowed to establish a court cost recovery division for the purpose
of collecting assessments, costs, fees, fines, or forfeitures due to be paid to the State
of Alabama, Escambia County, municipalities within Escambia County, or any agency or subdivision
of these governments as a result of any court action or proceeding. (b) The court, the clerk
of the court, or a probation officer shall notify the district attorney in writing when any
bail bond forfeitures, court costs, fines, penalty assessments, crime victims' compensation
assessments, or like assessments in any civil or criminal proceeding ordered by the court
to be paid to the state or municipality have been paid or are in default and the default has
not been vacated. Upon notification to the district attorney, the court cost recovery division
of the district attorney's office may collect or enforce the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.htm - 3K - Match Info - Similar pages
5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a creditor
or a person acting in his behalf from engaging in any business subject to licensing under
subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in
Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations
of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing
debtors to enter credit transactions or in the collection of debts. (b) With respect to an
action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct,
the administrator may apply to the court for appropriate temporary relief against a defendant,
pending final determination of the proceedings. If the court finds, after a hearing held upon
notice to the defendant, that there is reasonable cause to believe that the defendant is engaging
in or is likely to engage in conduct which violates this chapter or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-29.htm - 1K - Match Info - Similar pages
5-22-5
Section 5-22-5 When reports may be disclosed. Other than as provided for in Section 5-22-3,
the State Revenue Department shall not provide to any person any report filed under Section
5-22-3 or any information contained therein except: (1) Pursuant to a lawful subpoena or subpoena
duces tecum issued by a state attorney, a United States attorney, or a court, in a criminal
judicial proceeding; (2) Pursuant to any such subpoena issued by a state or federal grand
jury; or (3) Pursuant to any such subpoena issued by a state attorney, a United States attorney,
or a court, in the course of a civil judicial proceeding instituted by a state attorney or
by a United States attorney. (Acts 1990, No. 90-469, p. 674, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-22-5.htm - 1K - Match Info - Similar pages
8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-11.htm - 3K - Match Info - Similar pages
12-17-217
Section 12-17-217 Representation of clients in certain proceedings. Any person occupying the
office of supernumerary district attorney shall not represent any client, other than the State
of Alabama, himself or herself, or an immediate family member in any criminal, quasi-criminal,
or civil forfeiture proceeding resulting from a criminal action where the State of Alabama
is a party to the action, as court appointed counsel or as a public defender, eligible to
receive funds or reimbursements from the indigent defense fund. Upon motion, the court shall
enjoin any supernumerary district attorney from violating this section. (Act 2015-498, §30.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-217.htm - 957 bytes - Match Info - Similar pages
5-25-4
Section 5-25-4 License to transact business as a mortgage broker. (a) On and after January
1, 2002, no person shall transact business in this state directly or indirectly as a mortgage
broker unless he or she is licensed as a mortgage broker by the department, or is a person
exempted from the licensing requirements pursuant to Section 5-25-3. (b) A licensee shall
obtain a license for each location where the business of the mortgage broker is transacted.
(c) On or after January 1, 2002, every person who directly or indirectly controls a person
who violates subsection (a), including a general partner, executive officer, joint venturer,
or director of the person, violates subsection (a) with and to the same extent as the person,
unless the person whose violation arises under this subsection sustains the burden of proof
that he or she did not know and, in the exercise of reasonable care, could not have known
of the existence of the facts by reason of which the original violation is alleged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-25-4.htm - 1K - Match Info - Similar pages
12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-180.htm - 3K - Match Info - Similar pages
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