|
13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-157.1.htm - 1K - Match Info - Similar pages
13A-8-152
Section 13A-8-152 Penalties. (a) Any person violating any of the provisions of this article
shall be guilty of a Class B misdemeanor. However, if the offense involves five or more unlawful
telecommunication devices, the person shall be guilty of a Class C felony. (b) The court shall,
in addition to any sentence authorized by law, sentence a person convicted of violating this
article to make restitution to any telecommunication service provider wishing restitution.
(c) A telecommunication service provider aggrieved by a violation of this article may, in
a civil action in any court of competent jurisdiction, obtain appropriate relief, including
preliminary and other equitable or declaratory relief, compensatory and punitive damages,
reasonable investigation expenses, costs of suit, and attorney fees as are provided by law.
(Acts 1996, No. 96-499, p. 630, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-152.htm - 1K - Match Info - Similar pages
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
8-19A-17
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 caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19A-17.htm - 1K - Match Info - Similar pages
9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-95.htm - 4K - Match Info - Similar pages
13A-11-235
Section 13A-11-235 Restitution; remedies. (a) A person convicted of a violation of this article
shall be ordered to make full restitution for damages, including incidental and consequential
expenses, incurred by the service dog and its user, which arise out of or are related to the
violation. (b) Restitution for a conviction under this article includes, but is not limited
to, any of the following: (1) The medical expenses of the service dog and its user, and the
value of the service dog to its user for the period in which the dog is unable to perform
its duties due to injuries suffered as a proximate cause of the violation, or if the violation
resulted in the death or permanent disability of the service dog, the value of the service
dog to its user. (2) The cost of any retraining of the service dog needed as a result of the
violation. (3) Compensation for wages or earned income lost by the service dog user as a proximate
cause of the violation. (4) Any other economic loss suffered by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-235.htm - 2K - Match Info - Similar pages
22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-10.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
6-5-734
Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under
subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity
for each defendant and cause of action all of the following: (1) The statute, rule, or other
law of the state or of the United States that allegedly creates the cause of action. (2) Each
element of the cause of action and the specific facts alleged to satisfy each element of the
cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific
facts that allegedly demonstrate that the violation of the statute, rule, or other law in
subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted
under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements,
the complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-734.htm - 2K - Match Info - Similar pages
8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-12-18.htm - 2K - Match Info - Similar pages
|