7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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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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5-19-32
Section 5-19-32 Service contracts. Any creditor who extends credit with respect to a consumer
credit sale, may sell or finance, or both, a service contract covering tangible goods which
are the subject of the consumer credit sale. Any other person who was not the creditor with
regard to the initial sale of the tangible goods also may sell or finance, or both, a service
contract covering the tangible goods. A "service contract" as used in this section
is an agreement, for a separately stated consideration, of the service contract offeror to
correct, repair, or replace, or to pay for the correction, repair, maintenance, or replacement
of tangible goods during the period covered by the service contract, with or without additional
provisions for payment of or indemnity under limited circumstances for related expenses including,
without limitation, for towing, rental, and emergency road service, whether called a service
contract, extended warranty or otherwise. The service contract offeror...
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5-19-31
Section 5-19-31 Nonapplicability of chapter to certain transactions; certain laws not repealed
or amended. (a) The provisions of this chapter, except the provisions of subdivision (1) of
Section 5-19-1 and Section 5-19-3, shall not apply (i) to any consumer credit transaction
or other transaction involving an interest in real property or the sale, lease, or mortgage
of an interest in real property where the creditor is exempt from licensing under this chapter,
(ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction
is by a trust institution as defined in Section 5-12A-1(1), in its capacity as a fiduciary
under any plan or agreement qualified under 26 U.S.C. 401(a) or defined by 5 U.S.C. 8437,
26 U.S.C. 403(b), or 26 U.S.C. 457, or a trust exempt under 26 U.S.C. 501, or (iv) to any
municipal pension system created under the laws of the State of Alabama. The provisions of
this chapter shall not apply where the credit transaction is a policy...
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8-37-2
Section 8-37-2 (Effective January 1, 2018) Definitions. For the purposes of this chapter, the
following words have the following meanings: (1) ADMINISTRATOR. A person, other than an insurer
or creditor, that performs administrative or operational functions pursuant to guaranteed
asset protection waiver programs. (2) BORROWER. A debtor, retail buyer or lessee, under a
finance agreement. (3) CREDITOR means any of the following: a. The lender in a loan or credit
transaction. b. The lessor in a lease transaction. c. Any retail seller of motor vehicles
in a retail installment transaction. d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase
or lease of a motor vehicle. (5) FREE LOOK PERIOD. The period of time from the effective date
of the GAP waiver until the date the borrower may cancel the GAP...
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8-37-3
Section 8-37-3 (Effective January 1, 2018) GAP waivers authorized; charges; insurance; creditor
requirements. (a) GAP waivers may be offered, sold, or provided to borrowers in this state
under this chapter. (b) GAP waivers, at the option of the creditor that offers the GAP waiver,
may be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to
the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15
U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time
to time, shall be separately stated and is not to be considered a finance charge or interest.
If the charge for a GAP waiver is financed, the charge shall be separately itemized on the
finance agreement. (d) A retail seller shall insure its GAP waiver obligations under a contractual
liability or other insurance policy issued by an insurer. A creditor,...
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5-19A-2
Section 5-19A-2 Definitions. The following words and phrases shall have the following meanings:
(1) APPROPRIATE LAW ENFORCEMENT AGENCY. The sheriff of each county in which the pawnbroker
maintains an office, or the police chief of the municipality in which the pawnbroker maintains
an office. (2) ATTORNEY GENERAL. The Attorney General of the State of Alabama. (3) PAWN TRANSACTION.
Any loan on the security of pledged goods or any purchase of pledged goods on condition that
the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller
for a fixed price within a fixed period of time. A "pawn transaction" does not include
the pledge to, or the purchase by, a pawnbroker of real or personal property from a customer
followed by the sale or the leasing of that property back to the customer in the same or a
related transaction. (4) PAWNBROKER. Any person engaged in the business of lending money on
the security of pledged goods left in pawn, or in the business of...
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11-47-25
Section 11-47-25 Acceptance of credit card payments in Class 1 municipalities. (a) This section
shall apply only in a Class 1 municipality. (b) Notwithstanding any other provision of law
to the contrary, any office or unit of a Class 1 municipality government required or authorized
to receive or collect any payments to the municipality or to state or local government may,
upon approval of the mayor, accept a credit card payment of the amount. (c) This section shall
be broadly construed to authorize acceptance of credit card payments by: (1) All departments,
agencies, boards, bureaus, commissions, authorities, and other units of the municipality.
(2) All officers, officials, employees, and agents of the municipal units of the municipality.
(d) This section shall be broadly construed to authorize acceptance of credit card payments
of all types of amounts payable to or collected by the municipality, including, but not limited
to, taxes, license and registration fees, fines, and penalties....
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