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8-19D-1
Section 8-19D-1 Definitions. For purposes of this chapter, the following words shall have the
following meanings: (1) PERSON. An individual, corporation, company, partnership, estate,
trust, association, foundation, cooperative, or any other legal entity. (2) PRIZE. Any item
of value given to a winner in a sweepstakes who has been selected on the basis of lot or chance.
(3) QUALIFYING LANGUAGE. The language in the solicitation that accompanies the representation
that the person being solicited has won or has been selected to receive a prize and that indicates
the circumstances or provisions under which the person being solicited will be eligible to
receive the prize. The term includes, but is not limited to, language which requires the person
to perform some act, to submit information, to hold the winning number, or for the person's
assigned numbers to be drawn by the sponsor of the sweepstakes. (4) SWEEPSTAKES. A legal contest
or game where anything of value is distributed by lot or...
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8-19D-2
Section 8-19D-2 Deceptive solicitations; action for damages. (a) It shall be unlawful for any
person to solicit or sell a product or service through the mail by implying or expressly representing
in the solicitation that the person being solicited has won or has been selected to receive
a prize or purported prize unless the qualifying language appears in print that is clear,
easily read, and conspicuous. (b) A person who suffers damage as a result of a violation of
subsection (a) may bring a civil action against the sponsor or promoter of the solicitation,
or both. Damages shall not exceed three times the compensatory damages of the party claiming
punitive damages or five hundred thousand dollars ($500,000), whichever is greater. (Act 99-445,
p. 1012, §2.)...
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13A-12-20
phases or toward any other phase of its operation. A person advances gambling activity if,
having substantial proprietary control or other authoritative control over premises being
used with his knowledge for purposes of gambling activity, he permits that activity to occur
or continue or makes no effort to prevent its occurrence or continuation. (2) BOOKMAKING.
Advancing gambling activity by unlawfully accepting bets from members of the public as a business,
rather than in a casual or personal fashion, upon the outcome of future contingent
events. (3) CONTEST OF CHANCE. Any contest, game, gaming scheme or gaming device in which
the outcome depends in a material degree upon an element of chance, notwithstanding that skill
of the contestants may also be a factor therein. (4) GAMBLING. A person engages in gambling
if he stakes or risks something of value upon the outcome of a contest of chance or a future
contingent event not under his control or influence, upon an agreement or...
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21-3A-3
Section 21-3A-3 Definitions. The following words and phrases used in this chapter have the
following respective meanings unless the context clearly indicates otherwise: (1) COUNCIL.
The Interagency Coordinating Council as established in Section 21-3A-4. (2) EARLY INTERVENTION
SERVICES. Any developmental services that: a. Are provided under public supervision. b. Are
designed to meet the developmental needs of each eligible child and the needs of the family
related to enhancing the development of the child. c. Are selected in collaboration with the
parents. d. Are provided by qualified personnel as determined by the personnel standards of
the state, the standards of the early intervention program, and the regulations. e. Are provided
in conformity with an individualized family service plan. f. Meet the requirements of Public
Law 99-457 as amended (20 U.S.C. §§1471 to 1485, inclusive), and the early intervention
standards of the State of Alabama. g. Are provided, to the extent...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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7-2A-103
or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in
use or in the relevant market as a single whole. (d) "Conforming" goods or performance
under a lease contract means goods or performance that are in accordance with the obligations
under the lease contract. (e) "Consumer lease" means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a lessee who is an individual and who
takes under the lease primarily for a personal, family, or household purpose, if the
total payments to be made under the lease contract, excluding payments for options to renew
or buy, do not exceed $100,000. (f) "Fault" means wrongful act, omission, breach,
or default. (g) "Finance lease" means a lease with respect to which: (i) the lessor
does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the
right to possession and use of the goods in connection with the lease; and (iii) one of the
following...
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8-19A-3
means a written or oral notification or advertisement transmitted through any means. Also,
for purposes of this section, "invites a response by telephone" does not mean the
mere listing or including of a telephone number in a notification or advertisement. (4) COMMISSION.
The Alabama Public Service Commission. (5) CONSUMER. An actual or prospective purchaser, lessee,
or recipient of consumer goods or services. (6) CONSUMER GOODS OR SERVICES. Any real property
or any tangible or intangible personal property which is normally used for personal,
family, or household purposes including, without limitation, any property intended to be attached
to or installed in any real property, without regard to whether it is so attached or installed,
as well as cemetery lots, timeshare estates and licenses, and any services related to the
property. (7) DIVISION. The Consumer Division of the Office of the Attorney General. (8) DOING
BUSINESS IN THIS STATE. Businesses conducting telephonic sales calls...
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10A-20-16.02
Section 10A-20-16.02 Definitions. The following terms shall have the following respective meanings
for the purposes of this chapter: (1) OFFICER. Any officer, director, trustee, partner, manager,
member, and governing person and other member of the governing authority of a qualified entity
who does not receive compensation for serving in such capacity. A per diem amount of not more
than three hundred dollars ($300) per day and actual, reasonable, and necessary expenses shall
not constitute compensation for the purposes of this article. Provided, however, that the
immunity granted herein shall not extend to officers, directors, trustees, partners, managers,
or members of any board, authority, or commission dealing with pari-mutuel betting, gambling,
or games of chance. (2) QUALIFIED ENTITY. a. Any nonprofit corporation, association, or organization
which is exempt from federal income taxation under Section 501(c) of the Internal Revenue
Code of 1986, as amended; b. Any nonprofit...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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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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