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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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8-25-6
Section 8-25-6 Damages and fees recoverable for violations of chapter; nonliability where merchant
discovers error, gives notice, and makes adjustments. (a) A consumer damaged by a violation
of this chapter by a merchant is entitled to recover from the merchant: (1) Actual damages;
(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain
ownership of the merchandise involved, except that the amount recovered under this subdivision
may not be less than $100 nor more than $1,000; and (3) Reasonable attorney's fees not to
exceed 15 percent of the consumer's allowable recovery and court costs. (b) A merchant is
not liable under this section for a violation of this chapter caused by the merchant's error
if before the sixty-first day after the date the merchant discovers the error, and before
an action under this section is filed or written notice of the error is received by the merchant
from the consumer, the merchant gives the consumer written notice of...
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13A-8-200
Section 13A-8-200 Block on false information in credit reports. (a) As used in this section,
the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term
shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC
Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY. The term shall mean the
same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a
and 1681b, as amended. (3) PERSON. Any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in
Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ
reasonable procedures to block reporting any information in the consumer's credit report identified
in the court order that is the result of a criminal violation of the...
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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
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6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether
in contract or in tort, against a legal service provider, the plaintiff shall have the burden
of proving that the legal service provider breached the applicable standard of care. The applicable
standard of care shall be as follows: (1) The applicable standard of care against the defendant
legal service provider shall be such reasonable care and skill and diligence as other similarly
situated legal service providers in the same general line of practice in the same general
area ordinarily have and exercise in a like case. (2) However, if the defendant publishes
the fact that he or she is certified as a specialist in an area of the law or if the defendant
legal service provider solicits business by publicly advertising as a specialist in any area
of the law, the standard of care applicable to such legal service provider in a claim for
damages resulting from the practice of such a specialty...
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9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action by Attorney
General. (a) Whenever, on the basis of any information available to it, including receipt
of information from any person, the regulatory authority has reason to believe that any person
is in violation of any requirement of this article or any permit condition required by this
article, the regulatory authority shall immediately order an inspection of the surface coal
mining operation at which the alleged violation is occurring unless the same information is
available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-93.htm - 9K - Match Info - Similar pages
34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.08.htm - 5K - Match Info - Similar pages
22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-5.htm - 16K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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