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8-19A-13
Section 8-19A-13 Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone
seller expressly or impliedly represents to any prospective purchaser, directly or through
a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus,
or prize, however denominated, the commercial telephone seller shall submit to the division
a statement setting forth, for each item mentioned: (1) A description of the item. (2) The
value or worth of the item and the basis for the valuation. (3) All terms and conditions a
purchaser is required to satisfy in order to receive the item. The statement shall be accompanied
by a copy of the written statement of terms and conditions provided to purchasers pursuant
to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving
the item. (5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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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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11-98-5.3
Section 11-98-5.3 Prepaid wireless telephone service. (a) As used in this section, the following
words and terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Revenue for the State of Alabama. (2) PREPAID RETAIL TRANSACTION.
The purchase of prepaid wireless telecommunications service from a seller for any purpose
other than resale. (3) PREPAID WIRELESS CONSUMER. A person who purchases prepaid wireless
telecommunications service in a retail transaction. (4) PREPAID WIRELESS TELEPHONE SERVICE.
A service that meets all of the following requirements: a. Authorizes the purchase of CMRS,
either exclusively or in conjunction with other services. b. Must be paid for in advance.
c. Is sold in units or dollars whose number or dollar value declines with use and is known
on a continuous basis. (b) Notwithstanding any other provision of this chapter, the current
CMRS emergency telephone service charge established under...
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27-9-6
Section 27-9-6 License - Suspension, revocation or refusal to continue. Repealed by Act 2011-637,
§3, effective January 1, 2012. (a) The commissioner may suspend for not more than 12 months
or may revoke or refuse to continue any adjuster license if, after a hearing held on not less
than 20 days' advance notice to the licensee of such hearing and of the charges against him
by registered or certified mail as provided in subsection (c) of Section 27-2-18, he finds
that as to the licensee any one or more of the following causes exist: (1) For any cause for
which issuance of the license could have been refused had it then existed and been known to
the commissioner; (2) For obtaining or attempting to obtain any such license through misrepresentation
or fraud; (3) For violation of or noncompliance with any applicable provision of this title
or for willful violation of any lawful rule, regulation, or order of the commissioner; (4)
For misappropriation or conversion to his own use or illegal...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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34-9-19.1
Section 34-9-19.1 Advertising - Dental referral service; requirements; prohibitions; penalties.
(a) For purposes of this section, the following words shall have the following meanings: (1)
ADVERTISEMENT. Information communicated in a manner designed to attract public attention to
a referral service, participating dentist, or a practice of dentistry. (2) DENTAL REFERRAL
SERVICE. A person, firm, partnership, association, corporation, agent, or employee of any
of the foregoing that engages in any business or service for profit that in whole or in part
includes the referral or recommendation of persons to a dentist for any form of dental care
or treatment. (3) DENTIST. Any person licensed to practice dentistry or any entity authorized
by law which is formed for the purpose of practicing dentistry. (4) FALSE, FRAUDULENT, MISLEADING,
OR DECEPTIVE STATEMENT. A statement or claim having one or more of the following characteristics:
a. One that contains a misrepresentation of fact. b. One that...
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40-21-80
Section 40-21-80 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Department of Revenue
of the State of Alabama. (2) DOMESTIC WATER. All water except water that is sold to persons
for use or consumption in industrial processes and not primarily for human consumption. (3)
GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expenses whatever, and without any deductions on account of losses. (4) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer, without
any deduction on account of the cost of the utility services sold, the...
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11-98-1
Section 11-98-1 Definitions. (a) As used in this chapter, the following words and terms have
the following meanings, unless the context clearly indicates otherwise: (1) AUTOMATIC NUMBER
IDENTIFICATION. An enhanced 911 service capability that enables the automatic display of the
10-digit telephone number used to place a 911 call. The term includes pseudo-automatic number
identification, which means an enhanced 911 service capability that enables identification
of the subscriber. (2) CMRS. Commercial mobile radio service under Sections 3(27) and 332(d)
of the Federal Telecommunications Act of 1996, 47 U.S.C. §151 et seq., and Omnibus Budget
Reconciliation Act of 1993, Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312. The term includes
the term wireless and service provider by any wireless real time two-way voice communication
device, including radio-telephone communications used in cellular telephone service, personal
communication service, or the functional or competitive equivalent of a...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
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