Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 19 - Deceptive Trade Practices

  • Section 8-19-1 Short title
    This chapter shall be known and may be cited as the "Deceptive Trade Practices Act."
  • Section 8-19-2 Legislative intent
    The public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consuming public and the...
  • Section 8-19-3 Definitions
    As used in this chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) ATTORNEY GENERAL. The Attorney General of...
  • Section 8-19-4 Enforcement
    (a) The office of the Attorney General and the district attorneys shall have the following functions, powers, and duties: (1) Conduct preliminary investigations to determine...
  • Section 8-19-5 Unlawful trade practices
    The following deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or...
  • Section 8-19-6 Interpretation
    It is the intent of the legislature that in construing Section 8-19-5, due consideration and great weight shall be given where applicable to interpretations of...
  • Section 8-19-7 Exemptions
    Nothing in this chapter shall apply to: (1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station...
  • Section 8-19-8 Restraining orders
    (a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in,...
  • Section 8-19-9 Discovery of information
    Before any action is commenced, the Attorney General or the district attorneys may issue subpoenas to any person to appear and produce relevant papers, documents,...
  • Section 8-19-10 Private right of action
    (a) Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a...
  • Section 8-19-11 Penalties
    (a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not...
  • Section 8-19-12 Violations
    (a) Any person who continuously and willfully violates any provision of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to...
  • Section 8-19-13 Defense
    Any person against whom any civil action or proceeding is brought pursuant to this chapter shall have a defense to such action or proceeding upon...
  • Section 8-19-14 Statute of limitations
    No action may be brought under this chapter more than one year after the person bringing the action discovers or reasonably should have discovered the...
  • Section 8-19-15 Savings clause
    (a) The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material...

Last modified: May 3, 2021