45-37-21.05
Section 45-37-21.05 Prohibited activities - Supplier. A supplier shall not: (1) Fail to provide
each wholesaler of the brand or brands of the supplier with a written agreement which contains
in total the agreement of the supplier with each wholesaler, and designates a specific exclusive
sales territory. Any agreement which is in existence on May 22, 2013, shall be renewed consistent
with this part; provided, that this part may be incorporated by reference in the agreement.
Provided, however, nothing contained herein shall prevent a supplier from appointing, one
time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory
not designated to another wholesaler, until such time as a wholesaler is appointed by the
supplier; and such wholesaler who is designated to service the sales territory during this
period of temporary service shall not be in violation of this part, and, with respect to the
temporary service territory, shall not have any of the rights...
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8-21A-8
Section 8-21A-8 Dealer's action against supplier for violations; civil liability and remedies.
Any dealer may bring an action against a supplier in court of competent jurisdiction for damages
sustained by the dealer as a result of supplier's violation of any part of this chapter, together
with the actual costs of the action, including but not limited to, reasonable attorney's fees
along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive
relief against the unlawful termination, cancellation, nonrenewal or change in competitive
circumstances by the supplier. The remedies set forth in this section shall not be deemed
exclusive and shall be in addition to any other remedies permitted by law. (Acts 1991, No.
91-721, p. 1401, §8.)...
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34-8B-9
Section 34-8B-9 Recovery by board of damages; liability of board members. (a) The board may
sue and be sued in its own name to recover actual or compensatory damages, including interest
and court costs, sustained as the result of disciplinary action taken against any licensee
or any other person who violates this chapter or rules promulgated hereunder. (b) All members
of the board shall be immune from civil liability while acting within the scope of their duties
as board members. (Act 2006-200, p. 289, §9; Act 2010-554, p. 1120, §3.)...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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45-2-41.07
Section 45-2-41.07 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Baldwin County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-462, p. 897, §8.)...
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45-49-41.06
Section 45-49-41.06 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Mobile County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-461, p. 894, § 8.)...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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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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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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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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