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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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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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16-27A-4
Section 16-27A-4 Notice of violation; destruction of images and information. (a) After review
of the violation by a law enforcement officer or trained technician, the governing body or
contractor shall send the owner of a vehicle that has been detected by the device as being
involved in a school bus violation a notice of violation by U. S. mail. A notice of violation
shall be mailed no later than 14 days after being reviewed by law enforcement. In the event
there is more than one owner, the notice may be issued to the first person listed on the title
or other evidence of ownership, or jointly to all listed owners. (b) The notice of violation
shall include at a minimum each of the following items of information: (1) The name and address
of the person alleged to be liable as the owner of the motor vehicle involved in the violation.
(2) The license tag number of the vehicle. (3) The violation charged. (4) The date, time,
and location where the violation occurred. (5) The photographic...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction of properties
of others, and may pay the premiums out of the revenues of the commission. Nothing in this
section shall be construed to authorize or permit the institution of any civil action or proceeding
in any court against the commission for or on account of any matter referred to in this section.
Any contracts of insurance authorized by this section may, in the discretion of the chair
of the commission, provide for a direct right of action against the insurance carrier for
the enforcement of any claims or causes of action. (b) The...
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45-49-101.04
Section 45-49-101.04 Notice of violation; destruction of images and information. (a) After
review of the violation by law enforcement, any county or municipal governing body or law
enforcement office located in Mobile County operating an electronic device shall send the
owner of a vehicle, that has been detected by the device as being involved in a school bus
violation, a notice of violation by U.S. mail. If there is more than one owner, the notice
may be issued to the first person listed on the title or other evidence of ownership, or jointly
to all listed owners. (b) The notice of violation shall include, at a minimum, each of the
following items of information: (1) The name and address of the person alleged to be liable
as the owner of the motor vehicle involved in the violation. (2) The license tag number of
the vehicle. (3) The violation charged. (4) The date, time, and location where the violation
occurred. (5) The photographic images or video of the vehicle and vehicle license...
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34-27-101
Section 34-27-101 Violations; damages. (a) No licensed real estate broker shall be required
to pay a referral fee or commission when reasonable cause for payment does not exist. (b)
No third party shall knowingly interfere with the real estate brokerage relationship of a
real estate licensee. (c) Any person aggrieved by a violation of any provision of this article
may bring a civil action in any court of competent jurisdiction. The damages recoverable in
such an action shall be actual damages and, in addition, the court may award an amount up
to three times the amount of actual damages sustained as a result of any violation of this
article, plus reasonable attorney fees and expenses. (Act 2000-210, p. 277, §2.)...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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