Code of Alabama

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8-19A-13
Section 8-19A-13 Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone
seller expressly or impliedly represents to any prospective purchaser, directly or through
a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus,
or prize, however denominated, the commercial telephone seller shall submit to the division
a statement setting forth, for each item mentioned: (1) A description of the item. (2) The
value or worth of the item and the basis for the valuation. (3) All terms and conditions a
purchaser is required to satisfy in order to receive the item. The statement shall be accompanied
by a copy of the written statement of terms and conditions provided to purchasers pursuant
to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving
the item. (5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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40-9B-3
23 of this title, or payments required to be made in lieu thereof, shall relieve the seller
from the obligation to collect and pay over the transaction tax as if the sale were to a person
exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE ENERGY RESOURCES.
The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION TAXES. The transaction
taxes imposed by Chapter 23 of this title, or payments required to be made in lieu thereof,
on tangible personal property and taxable services incorporated into an industrial
development property, the cost of which may be added to capital account with respect to the
property, determined without regard to any rule which permits expenditures properly chargeable
to capital account to be treated as current expenses. (4) DATA PROCESSING CENTER. An establishment
at which not less than 20 new jobs are located, the average annual total compensation, including
benefits, of such new jobs to be not less than...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
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15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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