Code of Alabama

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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
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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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
to the office of the Attorney General and to the local district attorney and, upon entry of
any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment,
or decree to the office of the Attorney General and to the local district attorney. (e) At
least 15 days prior to the filing of any action under this section, a written demand for relief,
identifying the claimant and reasonably describing the unfair or deceptive act or practice
relied upon and the injury suffered, shall be communicated to any prospective respondent
by placing in the United States mail or otherwise. Any person receiving such a demand for
relief who, within 15 days of the delivering of the demand for relief, makes a written tender
of settlement which is rejected by the claimant may, in any subsequent action, file the written
tender and an affidavit concerning this rejection. If the court finds that the relief tendered
was sufficient to compensate the petitioner for his or her...
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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
designated as a beneficiary of the policy, and if: (1) The applicant or prospective owner of
the policy lacks an insurable interest in the prospective insured. (2) The applicant or prospective
owner of the policy is known on the basis of medical, police, or court records to have committed
an act of abuse against the prospective insured. (3) The insured or prospective insured is
a subject of abuse, and that person, or a person who has assumed the care of that person,
if a minor or incapacitated, has objected to the issuance of the policy on the ground that
the policy would be issued to or for the direct or indirect benefit of the abuser. (h) An
insurer shall not be held civilly or criminally liable for the death of or injury to
an insured resulting from any action taken in a good faith effort to comply with the requirements
of this chapter. This subsection does not prevent an action by the commissioner to investigate
or enforce a violation of this chapter. (Act 2000-595, p. 1185, §3.)...
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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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