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9-17-32
Section 9-17-32 Penalty for violations of provisions of article, rules, etc.; penalty applicable
to each prohibited transaction relating to illegal oil, gas, or product; penalty for aiding
or abetting violations of provisions of article, rules, etc.; payment of fine not to abridge
private causes of action for damages for violations of rules, etc. (a) Any person who knowingly
and willfully violates any provision of this article, or any rule, regulation or order of
the board made under this article shall, in the event a penalty for such violation is not
otherwise provided for in this article, be subject to a fine not to exceed $10,000.00 a day
for each and every day of such violation and for each and every act of violation, such fine
to be recovered by a civil action in the circuit court of the county where the defendant resides,
or in the county of the residence of any defendant if there is more than one defendant, or
in the circuit court of the county where the violation took place....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-32.htm - 2K - Match Info - Similar pages
34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
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8-25-6
Section 8-25-6 Damages and fees recoverable for violations of chapter; nonliability where merchant
discovers error, gives notice, and makes adjustments. (a) A consumer damaged by a violation
of this chapter by a merchant is entitled to recover from the merchant: (1) Actual damages;
(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain
ownership of the merchandise involved, except that the amount recovered under this subdivision
may not be less than $100 nor more than $1,000; and (3) Reasonable attorney's fees not to
exceed 15 percent of the consumer's allowable recovery and court costs. (b) A merchant is
not liable under this section for a violation of this chapter caused by the merchant's error
if before the sixty-first day after the date the merchant discovers the error, and before
an action under this section is filed or written notice of the error is received by the merchant
from the consumer, the merchant gives the consumer written notice of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-25-6.htm - 1K - Match Info - Similar pages
10A-5A-9.01
Section 10A-5A-9.01 Direct action by members. (a) Subject to subsection (b), a member may maintain
a direct action against another member or members or the limited liability company, or a series
thereof, to enforce the member's rights and otherwise protect the member's interests, including
rights and interests under the limited liability company agreement or this chapter or arising
independently of the membership relationship. (b) A member maintaining a direct action under
subsection (a) must plead and prove an actual or threatened injury that is not solely the
result of an injury suffered or threatened to be suffered by the limited liability company,
or series thereof. (c)(1) A member may maintain a direct action to enforce a right of a limited
liability company if all members at the time of suit are parties to the action. (2) A member
associated with a series may maintain a direct action to enforce a right of the series if
all members associated with the series at the time of suit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-9.01.htm - 1K - Match Info - Similar pages
27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General, or any
person may bring a civil action against a person or company violating this chapter in the
appropriate court of the county in which the alleged violator resides or has his or her or
its principal place of business or in the county wherein the alleged violation occurred. Upon
adverse adjudication, the defendant shall be liable for actual damages caused by the violation.
The court, as provided by common law, may award punitive damages and may provide equitable
relief as it deems proper or necessary, including enjoining the defendant from further violation
of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-23.htm - 1K - Match Info - Similar pages
10A-9A-9.01
Section 10A-9A-9.01 Direct action by partner. (a) Subject to subsection (b), a partner may
maintain a direct action against another partner or partners or the limited partnership, with
or without an accounting as to the partnership's activities and affairs, to enforce the partner's
rights and otherwise protect the partner's interests, including rights and interests under
the partnership agreement or this chapter or arising independently of the partnership relationship.
(b) A partner maintaining a direct action under subsection (a) must plead and prove an actual
or threatened injury that is not solely the result of an injury suffered or threatened to
be suffered by the limited partnership. (c) A partner may maintain a direct action to enforce
a right of a limited partnership if all partners at the time of suit are parties to the action.
(d) The accrual of, and any time limitation on, a right of action for a remedy under this
section is governed by other law. (e) A right to an accounting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-9.01.htm - 1K - Match Info - Similar pages
35-9A-163
Section 35-9A-163 Prohibited provisions in rental agreements. (a) A rental agreement may not
provide that the tenant: (1) agrees to waive or forego rights or remedies established under
Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established
by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess
judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's
attorney's fees or cost of collection; or (4) agrees to the exculpation or limitation of any
liability of the landlord arising under law or to indemnify the landlord for that liability
or the costs connected therewith. (b) A provision prohibited by subsection (a) included in
a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental
agreement containing provisions known by the landlord to be prohibited, the tenant may recover
in addition to actual damages an amount up to one month's periodic rent and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-163.htm - 1K - Match Info - Similar pages
32-7-11
Section 32-7-11 Custody, disposition and return of security. Security deposited in compliance
with the requirements of this chapter shall be placed by the director in the custody of the
State Treasurer and shall be applicable only to the payment of a judgment or judgments rendered
against the person or persons on whose behalf the deposit was made, for damages arising out
of the accident in question in an action at law, begun not later than the period of time provided
in Section 6-2-38(l), with regard to actions for injury to the person or rights of another
not arising from contract, or any successor statute of limitations, for general negligence,
following the date of such accident or within the period of time following the date of deposit
of any security under subdivision (3) of Section 32-7-8, or to the payment in settlement agreed
to by the depositor of a claim or claims arising out of such accident. Such deposit or any
balance thereof shall be returned to the depositor or his or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-11.htm - 1K - Match Info - Similar pages
34-14A-14
Section 34-14A-14 Violations; complaint procedures. (a) Any person who undertakes or attempts
to undertake the business of residential home building without holding a current and valid
residential home builders license, issued by the Home Builders Licensure Board, as required
by this chapter, or who knowingly presents to, or files false information with the board for
the purpose of obtaining the license or who violates any law or code adopted by a county commission
under this chapter shall be deemed guilty of a Class A misdemeanor. (b) Upon notice from the
board, any person who undertakes or attempts to undertake the business of residential home
building without holding a current and valid residential home builders license, as required
by the provisions of this chapter, shall immediately cease. Such notice shall be in writing
and shall be given to the owner of the property, or to his or her agent, or to the residential
home builder, or to the person doing the work, and shall state the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14A-14.htm - 2K - Match Info - Similar pages
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