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8-19A-23
Section 8-19A-23 Injured person's right of recovery; Deceptive Trade Practices Act. In addition
to any other penalties or remedies provided under law, a person who is injured by a violation
of this chapter may bring a civil action for recovery of actual damages and any damages that
would be available at common law or by statute, including actual costs, court costs, and attorney's
fees. No provision in this chapter shall be construed to limit any right or remedy provided
under law. Any violation of this chapter shall also be considered a violation of the Deceptive
Trade Practices Act, Section 8-19-1, et seq. (Acts 1994, No. 94-650, p. 1220, ยง23.)...
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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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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...
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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27-12-21
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter - Generally.
(a) Whenever the commissioner has reason to believe that any person engaged in the business
of insurance is engaging in this state in any method of competition, or in any act or practice
in the conduct of such business which is not defined in this trade practices law, that such
method of competition is unfair or that such act or practice is unfair or deceptive and that
a proceeding by him in respect thereto would be to the interest of the public, he may issue
and serve such person a statement of the charges in that respect and a notice of a hearing
thereon to be held at a time and place fixed in the notice, which shall not be less than 10
days after the date of the service thereof. Each such hearing shall be conducted in the same
manner as the hearings provided for in Section 27-12-18. The commissioner shall, after such
hearing, make a report in writing in which he shall state his findings...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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5-18A-13
Section 5-18A-13 Duties of licensee. (a) A licensee may not knowingly enter into a deferred
presentment transaction with a customer that has outstanding deferred presentment transactions
from any lender at any location that exceeds five hundred dollars ($500) for the term of the
loan. (b) Before a licensee shall present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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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...
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34-11-35
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and amend
bylaws and rules not inconsistent with the constitution and laws of this state, as may be
reasonably necessary for the proper performance of its duties and the regulation of its procedures,
meetings, records, examinations, and conduct. The board shall have the power to adopt and
amend from time to time rules of professional conduct for professional engineers, engineer
interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
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