Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 19A - Alabama Telemarketing Act

• Section 8-19A-1 Short title
  This chapter may be cited as the "Alabama Telemarketing Act."
• Section 8-19A-2 Liberal construction
  The provisions of this chapter shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.
• Section 8-19A-3 Definitions
  As used in this chapter and Chapter 19C, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) CALLER IDENTIFICATION...
• Section 8-19A-4 Exemptions
  The provisions of this chapter do not apply to: (1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and...
• Section 8-19A-5 Licensing; application for license
  (a) Prior to doing business in this state, a commercial telephone seller shall obtain a license from the division. Doing business in this state includes...
• Section 8-19A-6 Identification of certain affiliated sellers or salespersons
  (a) With respect to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial telephone seller shall state in his...
• Section 8-19A-7 Application form and contents; fee; license number; violations
  (a) An applicant for a license as a salesperson shall submit to the division, in the form prescribed, a written application for a license. The...
• Section 8-19A-8 Display of license required; penalty for failure to display license
  (a) The division shall issue to each approved applicant a license in the form and size as is prescribed by the division and, in the...
• Section 8-19A-9 License renewal
  (a) Each person licensed under this chapter shall renew his or her license annually by paying the fee for licensing and submitting to the division...
• Section 8-19A-10 Financial requirements
  (a) An application filed pursuant to Section 8-19A-5 shall be accompanied by: (1) A bond executed by a corporate surety approved by the division and...
• Section 8-19A-11 Denial of license
  (a) The division may deny licensure to any applicant who: (1) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion,...
• Section 8-19A-12 Oral disclosures
  (a) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify himself or herself by stating his or...
• 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...
• 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...
• Section 8-19A-15 Violations
  (a) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce...
• Section 8-19A-16 Enforcement procedures
  (a) If, by his or her own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has...
• 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...
• 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...
• Section 8-19A-19 Attorney's fees and costs
  (a) In any civil action or investigation resulting from a transaction involving a violation of this chapter, except as provided in subsection (c), the division...
• Section 8-19A-20 Criminal prosecuting authority
  The division or other enforcing authority shall have criminal prosecuting authority concerning the violations of this chapter or of any rule or order hereunder. In...
• Section 8-19A-21 Criminal penalties
  (a) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the division pursuant to this chapter....
• Section 8-19A-22 Civil proceeding burden of proof; criminal proceeding burden of producing evidence
  In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption specified in Section 8-19A-4 or that the person or...
• Section 8-19A-23 Injured person's right of recovery; Deceptive Trade Practices Act
  In addition to any other penalties or remedies provided under law, a person who is injured by a violation of this chapter may bring a...
• Section 8-19A-24 Rules
  The division shall promulgate rules to implement and administer this chapter.

Last modified: May 3, 2021