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8-21A-12
Section 8-21A-12 Action for injunction, damages, etc., for violations of chapter, unfair, or
deceptive trade practices, and other unlawful acts. Notwithstanding the terms, provisions
or conditions of any dealer franchise or dealer agreement or the terms or provisions of any
waiver, and notwithstanding any other legal remedies available, any person who is injured
in his business or property by a violation of this chapter, by the commission of any unfair
and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement
which, if consummated, would be in violation of this chapter, may bring a civil action in
a court of competent jurisdiction to enjoin further violations, to recover any damages sustained
by him, together with the costs of the suit, including a reasonable attorney's fee. This section
applies equally to both manufacturers and dealers. (Acts 1991, No. 91-721, p. 1401, §12.)...
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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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8-20-11
Section 8-20-11 Remedies. Notwithstanding the terms, provisions, or conditions of any dealer
agreement or franchise or the terms or provisions of any waiver, and notwithstanding any other
legal remedies available, any person who is injured in his business or property by a violation
of this chapter by the commission of any unfair and deceptive trade practices, or because
he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation
of this chapter, may bring a civil action in a court of competent jurisdiction in this state
to enjoin further violations, to recover the damages sustained by him together with the costs
of the suit, including a reasonable attorney's fee. (Acts 1981, No. 81-390, p. 596, §11.)...
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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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8-19-10
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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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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8-21B-13
Section 8-21B-13 Remedies. Notwithstanding the terms, provisions, or conditions of any dealer
agreement, any person who suffers bodily injury, loss of profit, or property damage as a result
of a violation of this chapter may bring a civil action in a court of competent jurisdiction
in this state to enjoin further violations and to recover the damages sustained by him or
her together with the costs of the suit, including a reasonable attorney's fee. The remedies
set forth in this section shall not be deemed exclusive and shall be in addition to any other
remedies permitted by law. (Act 2009-755, p. 2279, §13.)...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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27-55-3
Section 27-55-3 Prohibited practices; disclosure of information. (a) No insurer may: (1) Deny,
refuse to issue, renew, or reissue, cancel, or otherwise terminate, restrict, or exclude coverage
on an insurance policy or health benefit plan on the basis of an applicant's or insured's
abuse status, or on the basis of any association, relationship, or assistance to a subject
of abuse. (2) Exclude or limit coverage for a loss, deny benefits, or deny a claim on the
basis of the insured's abuse status, or on the basis of any association, relationship, or
assistance to a subject of abuse, except as otherwise permitted or required by the laws of
this state relating to acts of abuse committed by a life insurance beneficiary. Notwithstanding
anything to the contrary in this section, a liability insurer may include policy provisions
providing that a payment required by this subsection may be denied or, if paid, recovered
by the insurer from the insured, if the claim arose out of an act of abuse by...
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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, §23.)...
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