Title 8 — Commercial Law and Consumer Protection

Chapter 1 Contracts

Article 1 General Provisions

§ 8-1-1 Contracts Restraining Business Void; Exceptions

§ 8-1-2 Written Contract Not Expressing Parties’ Intent May Be Revised

§ 8-1-3 Receipt or Acknowledgment for Collateral Required

§ 8-1-4 Reimbursement for Certain Federal Manufacturer’s Excise Taxes; Option to Tender Payment One Business Day Before Remittance Due to Internal Revenue Service; Notification and Security; Applicability

§ 8-1-5

Article 2 Accord and Satisfaction

§ 8-1-20 “Accord” Defined

§ 8-1-21 Obligation Not Extinguished by Accord until Executed

§ 8-1-22 Accepting Accord Consideration Deemed Satisfaction

§ 8-1-23 Obligation Extinguished by New Consideration or Writing

Article 3 Specific Performance

§ 8-1-40 Specific Performance Not Enforced in Certain Cases

§ 8-1-41 Obligations Which Cannot Be Specifically Enforced

§ 8-1-42 Specific Performance Not Enforced for Party Not Fully Performing Conditions Precedent

§ 8-1-43 Neither Party to Obligation Compelled Specifically to Perform Unless Other Party Performs

§ 8-1-44 Contract Signed by One Party Only May Be Enforced by Other

§ 8-1-45 Imposition of Penalty or Liquidation of Damages Not Bar to Specific Performance

§ 8-1-46 Obligation on Real Estate Specifically Enforced Against Person Subsequently Claiming Title

§ 8-1-47 Presumptions as to Availability of Specific Performance as Remedy

Article 4 Hirings

§ 8-1-60 Thing Let for Particular Purpose to Be so Used

§ 8-1-61 Lessee to Use Ordinary Care

§ 8-1-62 Lessee to Repair Injuries

§ 8-1-63 When Lessor May Reclaim Before End of Term

Article 6 Bidding at Public Sales

§ 8-1-100 Consideration for Bidding or Not Bidding at Public Sale Prohibited

§ 8-1-101 Bids on Public Lands Under Agreement to Transfer Same Prohibited

§ 8-1-102 Contracts Violating Sections 8-1-100 and 8-1-101 Void

§ 8-1-103 Selling Improvements on Public Lands by Person Making Same

Article 7 Future Delivery

§ 8-1-120 Definitions

§ 8-1-121 Certain Contracts for Future Delivery Void; Exceptions

§ 8-1-122 Failure to Furnish Statement on Future Delivery Prima Facie Evidence of Illegal Contract

§ 8-1-123 Failure to Deliver After Deposit of Margins Prima Facie Evidence of Void Contract

§ 8-1-124 Contracts for Future Delivery of Cotton Not Made Subject to Federal Statutes Prima Facie Evidence of Void Contract

§ 8-1-125 Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Profit Intended to Be Paid in Money on Day of Delivery

§ 8-1-126 Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Price Based on Bona Fide Sales on Exchange or Board of Trade Without Making Execution on Exchange or Board of Trade

§ 8-1-127 Futures Contracts Made in Another State

§ 8-1-128 Establishing Office to Engage in Business of “Futures”

§ 8-1-129 Proof of Establishment of Place to Publish Commodities Information Prima Facie Evidence of Guilt

§ 8-1-130 Persons Involved in Futures Contracts Not Excused from Testifying; Participation Prima Facie Evidence of Guilt

§ 8-1-131 Money Paid on Illegal Contract May Be Recovered

Article 8 Gaming and Wagering

§ 8-1-150 Contracts Founded Upon Gambling Consideration Void; Recovery of Money Paid or Things of Value Delivered

§ 8-1-151 Creditor of Losing Party Under Gambling Contract May Garnish Winner

§ 8-1-152 Answers in Actions Under Article Not to Be Used in Criminal Prosecutions

Article 9 Insane Persons

§ 8-1-170 Contracts of Insane Person Void; Exceptions; Liability for Necessaries Furnished

§ 8-1-171 Conveyance of Real Estate by Insane Person Not Void If Made in Good Faith

§ 8-1-172 Mortgage Taken in Good Faith on Real Estate of Insane Person Not Void

Article 10 Restrictive Covenants,

§ 8-1-190 Void Contracts; Contracts Allowed to Preserve Protectable Interests

§ 8-1-191 Protectable Interests

§ 8-1-192 Requirements

§ 8-1-193 Voidable Restraints

§ 8-1-194 Burden of Proof

§ 8-1-195 Remedies and Defenses

§ 8-1-196 Professional Exemptions

§ 8-1-197 Legislative Intent; Application

Article 11 Alabama Non-disparagement Obligations Contract

§ 8-1-220 Short Title

§ 8-1-221 Definitions

§ 8-1-222 Validity and Enforceability of Non-disparagement Obligations

§ 8-1-223 Contracts to Be in Writing, Signed, and Supported by Adequate Consideration

§ 8-1-224 Liability for Breach of Non-disparagement Obligation

§ 8-1-225 Enforcement Requirements; Sealing of Pleadings and Motions

§ 8-1-226 Severability of Unenforceable Provisions

§ 8-1-227 Applicability of Article

§ 8-1-228 Affirmative Defenses

§ 8-1-229 Remedies

§ 8-1-230 Prospective Application

Chapter 1A Uniform Electronic Transactions Act

§ 8-1A-1 Short Title

§ 8-1A-2 Definitions

§ 8-1A-3 Scope

§ 8-1A-4 Prospective Application

§ 8-1A-5 Use of Electronic Records and Electronic Signatures; Variation by Agreement

§ 8-1A-6 Construction and Application

§ 8-1A-7 Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts

§ 8-1A-8 Provision of Information in Writing; Presentation of Records

§ 8-1A-9 Attribution and Effect of Electronic Record and Electronic Signature

§ 8-1A-10 Effect of Change or Error

§ 8-1A-11 Notarization and Acknowledgment

§ 8-1A-12 Retention of Electronic Records; Originals

§ 8-1A-13 Admissibility in Evidence

§ 8-1A-14 Automated Transaction

§ 8-1A-15 Time and Place of Sending and Receipt

§ 8-1A-16 Transferable Records

§ 8-1A-17 Creation and Retention of Electronic Records; Conversion of Written Records

§ 8-1A-18 Acceptance and Distribution of Electronic Records and Electronic Signatures

§ 8-1A-19 Interoperability

§ 8-1A-20 Severability

Chapter 2 Agency

§ 8-2-1 Authority of Agents Generally

§ 8-2-2 General Agent’s Authority to Receive Price

§ 8-2-3 Special Agent’s Authority to Receive Price

§ 8-2-4 Agent’s Authority to Effect Purpose of Agency and Represent Authority

§ 8-2-5 Person Acting as Agent Warrants Authority He Assumes

§ 8-2-6 Principal Bound by Agent’s Acts Under Ostensible Authority

§ 8-2-7 Principal Responsible for Negligence and Omission of Agent in Transacting Agency

§ 8-2-8 Both Principal and Agent Have Notice of Whatever Either Has Notice Of

§ 8-2-9 Setoff Against Principal’s Claim by Person Having Claim Against Agent Before Notice of Agency

Chapter 3 Suretyship

Article 1 General Provisions

§ 8-3-1 Relationship of Joint Makers of Notes, Bills, Etc

§ 8-3-2 Rights of Surety Who Has Paid Debt

§ 8-3-3 Remedies Given Sureties Not Exclusive

§ 8-3-4 Tender by Surety Discharges Surety

§ 8-3-5 Rights of Surety Against Principal Upon Payment of Debt

§ 8-3-6 Suretyship May Be Proved by Parol

§ 8-3-7 Rights of Surety Sued Separately and Paying Judgment

§ 8-3-8 Payments by Surety Pending Action

§ 8-3-9 Contribution by Cosureties

§ 8-3-10 Control of Judgment by Endorser Upon Payment of Debt

§ 8-3-11 Surety Paying Debt Subrogated to Rights of Creditor

§ 8-3-12 When Surety Not to Confess Judgment

§ 8-3-13 Surety May Require Creditor to Bring Action Against Principal; Discharge of Surety Upon Failure to Bring Action

§ 8-3-14 Provisions of Chapter Inure to Benefit of Personal Representatives

§ 8-3-15 Court in Which Complaints Filed

Article 2 Replevy Bonds

§ 8-3-30 When Surety on Replevy Bond May Demand Collateral Security; Seizure of Property If Collateral Not Given; Disposition of Seized Perishable Property

Article 3 Judgments

§ 8-3-40 Transfer of Judgment to Surety Upon Payment of Same by Surety

§ 8-3-41 Issuance of Execution on Judgment Paid by Surety; Collection of Money from Principal Debtor or Cosureties

§ 8-3-42 Sureties Entitled to Summary Judgment Against Principal and Between Each Other

Chapter 4 Bills of Exchange

§ 8-4-1 Damages on Protested Bills of Exchange

§ 8-4-2 Damages on Protest for Nonpayment in Place of All Charges Except Costs

§ 8-4-3 Applicability of Rate of Exchange in Determining Amount Due and Damages for Nonpayment

§ 8-4-4 Damages and Charges on Protest for Nonacceptance

Chapter 5 Nonnegotiable Instruments

Article 1 General Provisions

§ 8-5-1 Action on Instrument Issued to Circulate as Money Without Authority; Interest on Same

§ 8-5-2 Issuance of Change Bills, Etc., by Corporations Prohibited

Article 2 Assignments and Endorsements

§ 8-5-20 Bonds, Contracts, Writings for Payment of Money, Etc., Assignable by Endorsement

§ 8-5-21 Assignment of Future Wages Void

§ 8-5-22 Right to Assign Interest in Crops

§ 8-5-23 Property Injury Claims Against Railroads Assignable

§ 8-5-24 Effect of Transfer of Bill, Note, Etc., Given for Purchase Money of Lands

§ 8-5-25 Contracts, Writings and Paper Circulated as Money Subject to Payments, Setoffs and Discounts Prior to Notice of Assignment

§ 8-5-26 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Time for Bringing Action Against Maker; Issuance of Execution When Judgment Obtained; Proof of Inability of Maker to Pay Judgment

§ 8-5-27 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Extension or Waiver of Time for Bringing Action by Endorser or Assignor

§ 8-5-28 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - When Holder of Contract Excused from Bringing Action, Obtaining Judgment, Etc

§ 8-5-29 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Applicability of Sections 8-5-26 through 8-5-28

§ 8-5-30 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Costs Recoverable Against Assignor or Endorser

Chapter 6 Securities

Article 1 General Provisions

§ 8-6-1 Short Title

§ 8-6-2 Definitions

§ 8-6-3 Registration and Bonds of Dealers, Agents, Investment Advisers, Etc

§ 8-6-4 Registration of Securities - Required; Exceptions

§ 8-6-5 Registration of Securities - Registration by Notification

§ 8-6-6 Registration of Securities - Registration of Certain Securities by Coordination

§ 8-6-7 Registration of Securities - Registration by Qualification

§ 8-6-8 Registration of Securities - Registration Statement; Conditions Precedent; Bond; Notice of Action; Fees; Quarterly Reports and Financial Statements; Discharge from Supervision

§ 8-6-9 Registration of Securities - Denial, Suspension and Revocation of Registration

§ 8-6-10 Registration of Securities - Exempt Securities

§ 8-6-11 Registration of Securities - Exempt Transactions

§ 8-6-12 Registration of Securities - Applicability of Provisions of Article; Consent to Service of Process on Secretary of State

§ 8-6-14 Filing or Registration Not Finding of Truth, Completeness, Etc., of Documents; Representations Concerning Effect of Registration or Exemption

§ 8-6-15 Investigations and Subpoenas by Commission

§ 8-6-16 Administrative Cease and Desist Authority to Commission; Injunctive Relief; Appointment of Receivers or Conservators for Defendants or Defendants’ Assets; Court Ordered Rescission, Restitution, or Disgorgement for Violations

§ 8-6-17 Prohibited Acts Regarding Offer, Sale, or Purchase of Securities

§ 8-6-18 Criminal Penalties for Violations of Article; Enforcement; Scienter

§ 8-6-19 Civil Liabilities of Sellers, Agents, Etc.; Remedies of Purchasers

§ 8-6-21 Commission Authorized to Swear Out Warrants of Arrest; Liability of Commission for Warrant

§ 8-6-22 Duties of Director; Director Empowered to Swear Out Warrants of Arrest; Liability of Director for Warrant

§ 8-6-23 Making, Amending, and Rescinding Rules and Prescribing Forms by Commission

§ 8-6-24 Liability for Acts Done or Omitted in Good Faith Under Rules, Forms, or Orders

§ 8-6-25 Hearings to Be Public; Requests for Private Hearings

§ 8-6-26 Document Deemed Filed When Received

§ 8-6-27 Commission to Keep Register; Register to Be Open for Public Inspection

§ 8-6-28 Commission to Furnish Copies of Register Entries or Documents; Certified Copy Deemed Prima Facie Evidence

§ 8-6-29 Interpretative Opinions by Commission

§ 8-6-30 Burden of Proving Exemption or Exception from Definition

§ 8-6-31 Commission May Issue Warnings to Public and Publish Information Regarding Orders

§ 8-6-32 Party Aggrieved by Order Entitled to Hearing Before Commission; Appeals from Action of Commission

§ 8-6-33 Disposition of Revenue

Article 2 Securities Commission

§ 8-6-50 Created; Duties Generally

§ 8-6-51 Membership; Qualifications and Appointment of Commissioners; Use or Disclosure of Confidential Information by Commissioners, Employees, Etc.; Civil Liability of Commissioners

§ 8-6-52 Terms of Office of Appointed Members; Filling of Vacancies; Reappointment of Members

§ 8-6-53 Selection of Chair; Rules for Proceedings; Meetings; Quorum; Records and Reports; Access to Offices and Records; Exercise of Powers of Director

§ 8-6-54 Compensation of Members

§ 8-6-55 Director - Appointment; Duties Generally

§ 8-6-56 Director - Qualifications; Interest in Banks, Etc., Prohibited; Salary

§ 8-6-57 Deputy Director

§ 8-6-58 Personnel

§ 8-6-59 Bonds of Director and Employees

§ 8-6-60 Place of Office

§ 8-6-61

Article 4 Ownership by Minors

§ 8-6-90 Short Title

§ 8-6-91 Definitions

§ 8-6-92 Liability of Bank, Transfer Agent, Etc., for Treating Minor as Having Capacity to Exercise Security Rights; Presumption That Holder Not Minor

§ 8-6-93 Minor May Not Disaffirm Security Transaction Unless Prior Written Notice of Minority Given

§ 8-6-94 Right of Minor to Receive Dividends, Etc

§ 8-6-95 Certain Laws Not Affected by Article

Article 5 Pre-issuance Procedure for Industrial Revenue Bonds

§ 8-6-110 Definitions

§ 8-6-111 Legislative Findings; Purpose of Article

§ 8-6-112 Powers of Director of Securities Commission

§ 8-6-113 Powers of Securities Commission

§ 8-6-115 Notifications of Intent to Issue Bonds

§ 8-6-116 Action by Director Upon Receipt of Notification; Stop Orders

§ 8-6-117 Appeals or References to Securities Commission

§ 8-6-118 Proceedings Before Securities Commission

§ 8-6-119 Judicial Validation Proceedings

§ 8-6-120 Certificate of Notification; Representation That Industrial Revenue Bonds Have Been Approved Prohibited

§ 8-6-121 Criminal Penalties

§ 8-6-122 Article Remedial; Certain Statutes Not

Article 6 Uniform Transfer on Death Security Registration Act

§ 8-6-140 Definitions

§ 8-6-141 Registration - Beneficiary Form

§ 8-6-142 Registration - Authorization

§ 8-6-143 Registration - Designation of a Beneficiary

§ 8-6-144 Registration - Applicable Language

§ 8-6-145 Designation of Tod; Registration Cancelled or Changed

§ 8-6-146 Death of Owner

§ 8-6-147 Assent of Owner; Discharge from Claims

§ 8-6-148 Transfer on Death

§ 8-6-149 Terms and Conditions of Registration

§ 8-6-150 Short Title; Construction

§ 8-6-151 Application

Article 7 Protection of Vulnerable Adults from Financial Exploitation Act

§ 8-6-170 Short Title

§ 8-6-171 Definitions

§ 8-6-172 Notification of Department and Commission - Disclosure of Information

§ 8-6-173 Notification of Department and Commission - Liability

§ 8-6-174 Notification of Certain Third Parties - Disclosure of Information

§ 8-6-175 Notification of Certain Third Parties - Liability

§ 8-6-176 Delay of Disbursement - Authorized

§ 8-6-177 Delay of Disbursement - Liability

§ 8-6-178 Access to and Availability of Records

§ 8-6-179 Rulemaking Authority

Article 8 Elderly and Vulnerable Adult Financial Protection Act of 2021

§ 8-6-190 Short Title

§ 8-6-191 Legislative Findings

§ 8-6-192 Definitions

§ 8-6-193 Authority to Refuse or Delay Execution of a Financial Transaction

§ 8-6-194 Financial Service Provider Authorized to Contact Certain Individuals or Entities Upon Suspicion of Financial Exploitation; Disclosure of Information

§ 8-6-195 Construction and Application of Article

Chapter 7 Sale of Checks

§ 8-7-1 Short Title

§ 8-7-2 Definitions

§ 8-7-3 License - Required

§ 8-7-4 License - Exemptions

§ 8-7-5 License - Application

§ 8-7-6 License - Investigation Fee; License Fee

§ 8-7-7 License - Certified Financial Statement; Surety Bond or Deposit of Securities; List of Offices, Etc

§ 8-7-8 License - Issuance

§ 8-7-9 License Fees

§ 8-7-10 Employees, Agents or Representatives of Licensees

§ 8-7-11 Annual and Supplemental Listings of Offices, Etc.; Adjustment of Surety Bond or Deposit

§ 8-7-12 Procedure for Denial or Revocation of License; Judicial Review

§ 8-7-13 Grounds for Revocation of Licenses

§ 8-7-14 Increase of Surety Bond or Deposit

§ 8-7-15 Penalties for Violation of Provisions of Chapter

Chapter 7A Alabama Monetary Transmission Act

§ 8-7A-1 Short Title

§ 8-7A-2 Definitions

§ 8-7A-3 Exclusions

§ 8-7A-4 Exemptions from Licensing

§ 8-7A-5 License Required

§ 8-7A-6 Application for License

§ 8-7A-7 Security

§ 8-7A-8 Issuance of License

§ 8-7A-9 Renewal of License

§ 8-7A-10 Net Worth

§ 8-7A-11 Relationship Between Licensee and Authorized Delegate

§ 8-7A-12 Examinations

§ 8-7A-13 Reports

§ 8-7A-14 Records

§ 8-7A-15 Suspension and Revocation

§ 8-7A-16 Unauthorized Activities

§ 8-7A-17 Orders to Cease and Desist and Other Injunctive or Civil Relief

§ 8-7A-18 Consent Orders

§ 8-7A-19 Civil Penalties

§ 8-7A-20 Criminal Penalties

§ 8-7A-21 Confidentiality

§ 8-7A-22 Cooperation

§ 8-7A-23 Investigation and Subpoenas by Commission

§ 8-7A-24 Party Aggrieved by Order Entitled to Hearing Before Commission; Appeals from Action of Commission

§ 8-7A-25 Burden of Proving an Exemption or an Exception from a Definition

§ 8-7A-26 Making, Amending, and Rescinding Rules and Prescribing Forms

§ 8-7A-27 Interpretive Opinions by the Commission

§ 8-7A-28 Cryptocurrency Fraud Prevention Act

Chapter 7B Financial Innovation and Market Expansion Act

§ 8-7B-1

§ 8-7B-2

§ 8-7B-3

§ 8-7B-4

§ 8-7B-5

§ 8-7B-6

§ 8-7B-7

§ 8-7B-8

§ 8-7B-9

§ 8-7B-10

§ 8-7B-11

§ 8-7B-12

§ 8-7B-13

§ 8-7B-14

§ 8-7B-15

§ 8-7B-16

Chapter 8 Interest and Usury

§ 8-8-1 Maximum Rates of Interest - Generally

§ 8-8-1.1 Maximum Rates of Interest - Permitted Under State or Federal Law

§ 8-8-1.2 Maximum Rates of Interest - Loans Secured by Savings Accounts

§ 8-8-2 Maximum Rates of Interest - Aggregation of Principal and Interest on Loans at Six Percent and Division into Installments

§ 8-8-4 Maximum Rates of Interest - Loans, Etc., of $100,000 or More to State Board of Education and Trustees of State Educational Institutions

§ 8-8-5 Maximum Rates of Interest - Loans, Credit Sales, Etc., of $2,000 or More to Individuals, Corporations, Trusts, Partnerships, or Associations

§ 8-8-6 Maximum Rates of Interest - Exemption of Debts Incurred Pursuant to National Housing Act or Veterans’ Benefits

§ 8-8-7 Maximum Rates of Interest - Exemption of Bonds, Notes, Etc., of State, Instrumentalities, Localities, Etc

§ 8-8-8 Interest Accrues on Breach of Contract

§ 8-8-9 Interest on Unauthorized Change Bills and Notes Not Exceeding $1

§ 8-8-10 Interest on Money Judgments and Costs

§ 8-8-11 Application of Partial Payments to Principal and Interest

§ 8-8-12 Enforcement of Usurious Contracts

§ 8-8-13 Collection on Notes, Etc., Discounted at Higher Rate of Interest Than Eight Percent

§ 8-8-14 Interest Surcharge on Loans or Credit Sales; Refunds; Maximum Interest Rate Indexed to Prime Rate; Maximum Interest Rates for Open-End Credit Plans

§ 8-8-15 Bad Check Charge; Deemed Not Finance Charge

Chapter 9 Frauds

§ 8-9-1 Mortgage of Personalty

§ 8-9-2 Certain Agreements Void Unless in Writing

§ 8-9-3 Sufficiency of Note of Contract - Memorandum of Auctioneer

§ 8-9-4 Sufficiency of Note of Contract - Return or Report of Officer Making Judicial Sale

§ 8-9-5 Representation or Assurance of Another’s Credit to Be in Writing

§ 8-9-8 When General Assignment or Conveyance of Substantially All Property by Debtor Inures to Benefit of All Creditors Equally

§ 8-9-10 Agreement in Contract to Forfeit Right of Action for Not Presenting Damage Claim Void; Exceptions

§ 8-9-11 Agreements to Confess Judgment, Be Sued in Different Venue or Authorize Another to Confess Judgment Before Commencement of Action Void; Annulment of Illegal Judgments

§ 8-9-12 Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions

Chapter 9A Alabama Fraudulent Transfer Act

§ 8-9A-1 Definitions

§ 8-9A-2 Insolvency

§ 8-9A-3 Value

§ 8-9A-4 Transfers Fraudulent as to Present and Future Creditors

§ 8-9A-5 Transfers Fraudulent as to Present Creditors

§ 8-9A-6 When Transfer Is Made

§ 8-9A-7 Remedies of Creditors

§ 8-9A-8 Defenses, Liability, and Protection of Transferee

§ 8-9A-9 Extinguishment of Claim for Relief

§ 8-9A-10 Supplementary Provisions

§ 8-9A-11 Uniformity of Application and Construction

§ 8-9A-12 Short Title

Chapter 9B Alabama Uniform Voidable Transactions Act

§ 8-9B-1 Short Title

§ 8-9B-2 Definitions

§ 8-9B-3 Insolvency

§ 8-9B-4 Value

§ 8-9B-5 Transfer Voidable as to Present or Future Creditor

§ 8-9B-6 Transfer Voidable as to Present Creditor

§ 8-9B-7 When Transfer Is Made

§ 8-9B-8 Remedies of Creditor

§ 8-9B-9 Defenses, Liability, and Protection of Transferee

§ 8-9B-10 Extinguishment of Claim for Relief

§ 8-9B-11 Governing Law

§ 8-9B-12 Application to Series Organization

§ 8-9B-13 Supplementary Provisions

§ 8-9B-14 Uniformity of Application and Construction

§ 8-9B-15 Relation to Electronic Signatures in Global and National Commerce Act

§ 8-9B-16 Application; Conforming Amendments

Chapter 10 Restraint of Trade or Production

§ 8-10-1 Entering Combination, Pool, Etc., to Fix Price or Limit Quantity of Commodity

§ 8-10-2 Entering Combination to Control Management of Corporation with Intent to Fix Price, Diminish Production, Etc

§ 8-10-3 Restraining Trade or Production, Monopolizing Commodities or Business, Destruction of Competition, Etc

Chapter 11 Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities

§ 8-11-4 Taking Rebate, Etc., by Officer, Agent, Etc., of Railroad, Manufacturing or Mining Corporation

§ 8-11-5 Taking Rebate, Etc., by Factor, Commission Merchant, Broker, Attorney, Auctioneer, or Agent

Chapter 12 Trademarks, Names, Marks, Devices, and Labels

Article 1 General Provisions

§ 8-12-1 Appropriation of Trademark to Designate Origin or Ownership

§ 8-12-3 Defacing Identifying Mark on Encumbered Personal Property; Presumption of Guilt by Possession

Article 2 Registration of Trademarks and Service Marks

§ 8-12-6 Definitions

§ 8-12-7 Registrability

§ 8-12-8 Application for Registration; Contents; Signature and Verification; Filing Fee

§ 8-12-9 Certificate of Registration; Issuance; Use as Evidence

§ 8-12-10 Duration and Renewal of Registration; Renewal Fee

§ 8-12-11 Assignment of Mark and Registration; Fee; Recordation and Issuance of New Certificate; Effect of Failure to Record

§ 8-12-12 Records

§ 8-12-13 Cancellation

§ 8-12-14 Classification of Goods, Services and Businesses

§ 8-12-15 Liability for Damages Sustained in Consequence of Fraudulent Filing or Registration

§ 8-12-16 Liability to Civil Action for Infringement

§ 8-12-17 Injunctive Relief; Famous Marks

§ 8-12-18 Remedies

§ 8-12-19 Common-Law Rights

Article 3 Names, Marks, Etc., on Beverage Containers

§ 8-12-20 Registration of Names, Marks, Etc

§ 8-12-21 Unauthorized Refilling, Defacing of Marks on or Trafficking in Containers

§ 8-12-22 Use, Furnishing, Trafficking, or Possession of Containers Without Consent Presumptive Evidence of Unlawful Use or Purchase

§ 8-12-23 Issuance of Search Warrant for Containers Unlawfully Used or Held

Article 4 Marked Containers for Milk and Milk Products

§ 8-12-40 Purchase, Sale, Etc., of Container Upon Which Name Appears

§ 8-12-41 Presumption of Ownership

§ 8-12-42 Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation

§ 8-12-43 Enforcement of Article

§ 8-12-44 Penalty for Violation of Article

Chapter 12A Patent Infringement

§ 8-12A-1 Definitions

§ 8-12A-2 Assertion of Patent Infringement in Bad Faith

§ 8-12A-3 Commencement of Actions

§ 8-12A-4 Enforcement and Licensing of Patent

§ 8-12A-5 Violations

§ 8-12A-6 Construction of Chapter

§ 8-12A-7 Relation to Federal Law

Chapter 13 Going Out of Business or Distress Merchandise Sales

§ 8-13-1 Definitions

§ 8-13-2 License - Required; Display on Premises of Sale; Display of License Number and Date of Issuance in Advertising

§ 8-13-3 License - Application

§ 8-13-4 License - Bond Required of Applicant

§ 8-13-5 License - Public Hearing on Application

§ 8-13-6 License - Investigation; Investigation Fee; Cost of Independent Audit; Applicant’s Refusal to Pay Investigation Fee and Costs

§ 8-13-7 License - License Issued Only to Bona Fide Merchant

§ 8-13-8 License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Public Hearing

§ 8-13-9 License - When Probate Judge to Issue License

§ 8-13-10 License - Restrictions on Issuance

§ 8-13-11 License - Surrender of Business Licenses

§ 8-13-12 License - Duration of License; Sale Prohibited Between November 15 and December 31; Extension of License

§ 8-13-13 License - Revocation or Suspension

§ 8-13-14 Use of Trade, Business or Firm Name of Licensee After Issuance of License

§ 8-13-15 Sales to Be Held Only at Regular Store Hours; Exceptions

§ 8-13-16 Advertising

§ 8-13-17 Sale Limited to Inventoried Stock; Additions to Inventory

§ 8-13-18 Daily Report of Merchandise Received; Failure to Report Ground for License Revocation

§ 8-13-20 False Bidders, Etc., Prohibited

§ 8-13-21 Licensee to Be in Continuous Attendance at Sale; Licensee Responsible for Violations of Chapter

§ 8-13-22 Penalties for Violation of Chapter; Each Sale, Etc., Constitutes Separate Offense

§ 8-13-23 Chapter Not Applicable to Certain Sales

Chapter 14 Public Auctions

Article 1 General Provisions

§ 8-14-1 Records to Be Kept by Persons Selling Personal Property at Auction; Inspection of Records by Law Enforcement Officers

Article 2 Sale of Gold, Silver, Watches, Jewelry, China, Etc

§ 8-14-20 Sales at Auction Restricted

§ 8-14-21 Prohibited Hours of Sale

§ 8-14-22 By-Bidders, Cappers, and Boosters

§ 8-14-23 Descriptions of Goods Considered Warranties

§ 8-14-24 Penalty for Violation of Article

Chapter 15 Public Warehouses

Article 1 General Provisions

§ 8-15-1 Definition; Supervision by Commissioner of Agriculture and Industries

§ 8-15-2 Promulgation of Standards, Character of Records, Rules and Regulations by State Board of Agriculture and Industries

§ 8-15-3 Permit - Required; Application; Fees

§ 8-15-4 Permit - False Statements in Application

§ 8-15-5 Permit - Investigation of Building and Applicant

§ 8-15-6 Permit - Notification of Grant or Denial; Appeals

§ 8-15-7 Permit - Bond and Proof of Insurance; Prerequisite to Issuance of Permit; Filing of Additional Bonds; Actions on Bond

§ 8-15-8 Permit - Recordation

§ 8-15-9 Permit - Issuance; Term; Expiration Date

§ 8-15-10 Permit - Penalty for Operating Without Permit; Disposition of Proceeds from Penalties

§ 8-15-11 Inspection of Warehouses by Commissioner and Agents

§ 8-15-12 Investigation of Complaints Against Warehouse

§ 8-15-13 Public Hearing on Operations; Notice of Hearing; Sworn Testimony Heard; Authority to Subpoena Witnesses; Witness Fees; Production of Books and Records; Appearance in Person or by Counsel; Failure to Obey Process; Rules of Evidence Not Applicable

§ 8-15-14 Revocation of Permit; Liquidation of Operation

§ 8-15-15 Issuance of Receipt by Warehouseman

§ 8-15-16 When Receipt to Be Endorsed “Stored in the Open”

§ 8-15-17 Insurance Requirement and Liability of Warehouseman for Articles Not Stored in Warehouse

§ 8-15-18 Insurance of Stored Cotton and Other Raw Agricultural Commodities

Article 2 Self-Service Storage Facilities

§ 8-15-30 Short Title

§ 8-15-31 Definitions

§ 8-15-32 Vesting of Care, Control, Etc., of Stored Property in Occupant; Determination of Risk of Loss

§ 8-15-33 Lien of Owner, Etc., of Self-Service Storage Facility Upon Personal Property Located at Facility

§ 8-15-34 Satisfaction of Owner’s Lien

§ 8-15-35 Posting of Notice as to Effect of Failure to Pay Charges

§ 8-15-36 Rights Provided by Article as Additional to Other Rights Allowed by Law

§ 8-15-37 Effect of Other Laws Governing Rights of Creditors and Landlords Against Debtors and Tenants

§ 8-15-38 Applicability of Article

Article 2A Self-Service Storage Facilities Act

§ 8-15-40 Short Title

§ 8-15-41 Definitions

§ 8-15-42 Use of Leased Space for Residential Purposes Prohibited

§ 8-15-43 Access for Inspection or Repair of Leased Space

§ 8-15-44 Lien of Operator, Etc., of Self-Service Storage Facilty Upon Personal Property Located at Facility

§ 8-15-45 Default by Occupant - Denial of Access; Removal and Disposition of Personal Property

§ 8-15-46 Default by Occupant - Enforcement of Lien; Sale of Personal Property

§ 8-15-47 Risk of Loss or Damage to Personal Property

§ 8-15-48 Rights Provided by Article as Additional to Other Rights Allowed by Law

§ 8-15-49 Applicability of Article

Chapter 16 Weights and Measures

Article 1 General Provisions

§ 8-16-1 Definitions

§ 8-16-2 Standard Measure of Length, Surface, Weight, and Capacity

§ 8-16-3 Standards Approved by Congress to Be State Standards

§ 8-16-4 Contracts Construed According to Standards Ascertained by Congress

§ 8-16-5 Custody of State Standards; Duties of Commissioner of Agriculture and Industries as to Standards

§ 8-16-6 Duties Generally of Commissioner Respecting Weights and Measures

§ 8-16-7 Powers of Commissioner and Local Sealers in Supervising Weights and Measures

§ 8-16-8 Weights or Measures Corresponding with Standards to Be Sealed or Marked

§ 8-16-9 Condemnation, Repair, Etc., of Nonstandard Weights and Measures

§ 8-16-10 Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity

§ 8-16-11 Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; Power of Arrest

§ 8-16-12 Possession of Altered, Etc., Weight, Measure or Device Prima Facie Evidence of Guilt

§ 8-16-13 Existence of Weights, Measures or Devices in Place of Sale, Etc., Presumptive Proof of Use and Ownership

§ 8-16-15 Rules and Regulations; Fees

§ 8-16-16 Standards for Containers of Farm Products - Duty to Establish

§ 8-16-17 Standards for Containers of Farm Products - Adoption of Federal Standards

§ 8-16-18 Penalties for Violation of Chapter

Article 2 Local Sealers

§ 8-16-30 Appointment; Qualifications; Keeping of Standards and Apparatus by Cities and Counties

§ 8-16-31 Term of Office; Salary; Removal; Bond

§ 8-16-32 Records and Reports

Article 3 Weighmasters

Division 1 General Provisions

§ 8-16-50 Appointment; Oath; Certificate of Appointment

§ 8-16-51 Rules and Regulations; Fees

§ 8-16-52 Bond

§ 8-16-53 Rights and Duties; Compensation Not to Be Paid by State

§ 8-16-54 Seal

§ 8-16-55 Records

§ 8-16-56 Weight Certificate Form; Certificate Deemed Prima Facie Evidence of Weight

§ 8-16-57 Certificates to Contain Accurate Weight

§ 8-16-58 Reweighing of Certified Commodity, Produce or Article

§ 8-16-59 False Certificates

Division 2 State and Federal Employees

§ 8-16-70 Appointment

§ 8-16-71 Fees and Charges for Weighing Agricultural Commodities; Disposition of Collected Amounts

§ 8-16-72 Rules and Regulations for Weighing Agricultural Commodities

Article 4 Miscellaneous Regulations

§ 8-16-90 Prohibited Acts Generally

§ 8-16-91 Net Weight of Commodity Basis for Sales by Weight

§ 8-16-93 Net Quantities of Contents of Packages to Be Marked on Outside

§ 8-16-94 Weight Per Bushel or Barrel of Certain Commodities Established by Custom of Marketplace; Commissioner of Agriculture and Industries Authorized to Promulgate Rules Concerning Weights Per Bushel or Barrel

§ 8-16-95 Milk and Cream Bottles and Containers - Capacities; Markings; Bond Required of Manufacturers

§ 8-16-96 Milk and Cream Bottles and Containers - Penalty for Selling or Using Noncomplying Containers

§ 8-16-97 Milk and Cream Bottles and Containers - Duties of Sealers

§ 8-16-98 Coal, Coke, or Charcoal - Sale by Weight; “Ton” Defined; Restriction on Liquid Substances in Coal, Coke, or Charcoal

§ 8-16-99 Coal, Coke, or Charcoal - Delivery Tickets

§ 8-16-100 Coal, Coke, or Charcoal - Weighing of Coal at Time of Purchase at Request of Purchaser

§ 8-16-101 Fruit, Nuts, Vegetables and Grain to Be Sold by Avoirdupois Weight or Numerical Count

§ 8-16-102 Cornmeal and Grits to Be Sold in Five to 200 Pound Packages; Exceptions

§ 8-16-103 Flour to Be Sold in Packages of Five to 200 Pounds; Exceptions

§ 8-16-104 Sale of Ice Regulated

§ 8-16-105 Sale of Oil at Retail Regulated

§ 8-16-106 Requesting False or Incorrect Weighing or Certificate; Unauthorized Issuance of Certificate

§ 8-16-107 Operating Weighing or Measuring Device Other Than as Intended

Article 5 Registered Commercial Weighing and Measuring Technicians

§ 8-16-120 Registration Authorized; Purpose

§ 8-16-121 Registration Requirements; Fees

§ 8-16-122 Registration Period; Renewal; Fee; Testing; Identification; Penalty

§ 8-16-123 Revocation, Suspension, Etc., of Registration; Grounds; Notice; Appeal

Chapter 17 Regulation of Certain Goods and Products

Article 1 Brake Fluid

§ 8-17-1 Definitions

§ 8-17-2 Registration and Permit for Sale or Distribution

§ 8-17-3 When Deemed Adulterated

§ 8-17-4 When Deemed Misbranded

§ 8-17-5 Sale, Etc., Prohibited If Misbranded, Adulterated or Unregistered

§ 8-17-6 Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirements

§ 8-17-7 Suspension from Sale, Seizure and Condemnation for Violations; Sale, Etc., Prohibited After Suspension

§ 8-17-8 Inspection and Testing

§ 8-17-9 Penalty for Violation of Article

Article 2 Caustic or Corrosive Substances

§ 8-17-20 Definitions

§ 8-17-21 Selling, Etc., in Misbranded Container, Etc

§ 8-17-22 Confiscation, Etc., of Misbranded Containers, Etc

§ 8-17-23 Enforcement of Article; Approval and Registration of Brands and Labels; Rules and Regulations

§ 8-17-24 Penalty for Violation of Article

Article 3 Linseed Oil

§ 8-17-40 Standards for Raw Linseed Oil

§ 8-17-41 Standards for Boiled Linseed Oil

§ 8-17-42 Labeling of Original, Unbroken Containers

§ 8-17-43 Mixture or Substitute to Be Marked and Sold as Such

§ 8-17-44 Enforcement of Article; Suspension from Sale, Seizure, Etc., of Illegal Products

§ 8-17-45 Penalty for Violation of Article

Article 5 Petroleum Products

Division 1 Standards and Inspections Generally

§ 8-17-80 Definitions

§ 8-17-81 Determination and Adoption of Standards and Methods of Tests; Promulgation of Rules; Effect of Prior Standards

§ 8-17-82 Labeling Requirement

§ 8-17-83 Adulteration or Lowering of Standard Prohibited

§ 8-17-84 Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keeping of Records

§ 8-17-85 Examinations and Tests; Permit Required for Sale, Storage, Etc.; Permit Application, Fee and Expiration Date; Nonapplicability of Section to Certain Persons

§ 8-17-86 Duty to Test Samples; Certificate of Tests

§ 8-17-87 Inspection Fee

§ 8-17-88 Sale, Storage, Etc., of Nonstandard Products Prohibited; Suspension from Sale, Condemnation, Etc., of Nonstandard Products

§ 8-17-89 Notification; Duty of Importer

§ 8-17-90 Driver of Delivery Vehicle to Deliver Invoice

§ 8-17-91 Disposition of Funds; Overpayments

§ 8-17-92 Injunctive Relief

§ 8-17-93 Penalty for Violation; Revocation of Permits

§ 8-17-94 Division Not Applicable to Certain Shipments

§ 8-17-95 (Effective October 1, 2016) Floor-Stocks Inspection Fee

§ 8-17-96 Inspection Fee Permit; Liability of Surety

§ 8-17-97 Collection and Payment of Inspection Fee; Filing Requirements; Rulemaking Authority

§ 8-17-98 (Effective October 1, 2016) Inspection Fee of Ultimate Consumers Having Submitted Refund Petition

§ 8-17-99 Deduction on Monthly Returns

§ 8-17-100 (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals

§ 8-17-101 Cancellation of Inspection Fee Permit

§ 8-17-102 Filing of Returns

Division 2 Reclaimed or Re-refined Oil

§ 8-17-110 Definitions

§ 8-17-111 Labeling Requirements

§ 8-17-112 Advertising

§ 8-17-113 Enforcement of Division

§ 8-17-114 Suspension from Sale, Seizure, Condemnation, Etc., of Illegal Oil

§ 8-17-115 Nonapplicability of Division to Certain Sales

§ 8-17-116 Penalty for Violation of Division

Division 3 Fraud and Deceit in Sale

§ 8-17-130 Deceit in Sales

§ 8-17-131 Marking of Pumps, Etc. - Liquid Motor Fuels

§ 8-17-132 Marking of Pumps, Etc. - Lubricating Oils and Motor Greases

§ 8-17-133 Removing Markings on Equipment, Etc

§ 8-17-134 Selling, Etc., Under Other Name; Adulteration of Products

§ 8-17-135 Selling, Etc., Product Other Than That Indicated

§ 8-17-136 Changing Contents of Containers

§ 8-17-137 Imitation of Markings, Etc., of Others with Intent to Deceive

§ 8-17-138 Enforcement of Division

§ 8-17-139 Penalty for Violation of Division

Division 4 Posting Price and Tax

§ 8-17-150 “Motor Vehicle” Defined

§ 8-17-151 Purpose and Construction of Division

§ 8-17-152 Posting of Price Required

§ 8-17-153 Jurisdiction in Enforcement of Division

§ 8-17-154 Enforcement of Division

§ 8-17-155 Penalty for Violation of Division

Article 6 Turpentine

§ 8-17-170 Standards

§ 8-17-171 Labeling Requirements Generally

§ 8-17-172 Sale of Substitutes; Labeling of Tanks, Etc., Containing Substitutes

§ 8-17-173 Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, Et Seq

§ 8-17-174 Penalty for Violation of Article

Article 7 Liquefied Petroleum Gas

§ 8-17-190 Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purchaser or Agent of Invoice as to Amount Purchased

Article 8 Fireworks

§ 8-17-210 Definitions

§ 8-17-211 Permit for Manufacture, Sale, Etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement

§ 8-17-212 Assignment and Utilization of Permit Numbers

§ 8-17-213 Requirement That Consignee Produce Permit, Etc., Prior to Delivery, Sale, Etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders

§ 8-17-214 Revocation of Permit for Reasons of Purchasing, Receiving, Etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked

§ 8-17-215 Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number

§ 8-17-216 Permits for Sale, Use, Etc., of Special Fireworks for Public Displays

§ 8-17-216.1 Use of Pyrotechnics Before a Proximate Audience

§ 8-17-217 Permissible Items of Fireworks

§ 8-17-218 Sale, Use, Etc., of Special Class B Commercial Type Ground Salutes

§ 8-17-219 Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items

§ 8-17-220 Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required

§ 8-17-221 Requirements as to Storage, Display, Etc., of Fireworks; Retail Sales of Fireworks from Tents, Motor Vehicles, Etc.; Inspection by State Fire Marshal, Etc., of Premises Where Fireworks Are to Be Stored or Sold

§ 8-17-222 Sale, Etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks

§ 8-17-223 Applicability of Article

§ 8-17-224 Penalty

§ 8-17-225 Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks

§ 8-17-226 Effect of Article on Validity of City Ordinances

Article 8A Pyrotechnic Displays

§ 8-17-230 Definitions

§ 8-17-231 Regulation and Licensing of Pyrotechnic Displays

§ 8-17-232 Pyrotechnic Special Effects License

§ 8-17-233 Reciprocity

§ 8-17-234 Use of Fireworks by Unlicensed Companies or Individuals

§ 8-17-235 Use of Hazardous Explosive Materials for Entertainment Purposes

§ 8-17-236 Licensing of Certified Lead Technicians

§ 8-17-237 Validity of License; Disposition of Fees

§ 8-17-238 Violations

§ 8-17-239 Construction of Article

Article 9 Explosives

§ 8-17-240 Short Title

§ 8-17-241 Definitions

§ 8-17-242 Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment

§ 8-17-243 Blaster Certification

§ 8-17-244 Refusing, Suspending, Revoking, or Failing to Renew Certification

§ 8-17-245 Office May Reissue Certification Card

§ 8-17-246 Records to Be Maintained on Blasting Operations

§ 8-17-247 Blasting Contractor License

§ 8-17-248 Municipal Explosives Use Permit

§ 8-17-249 Suspension or Revocation of Certification or License for Certain Actions

§ 8-17-250 Variations from Requirements

§ 8-17-251 Article Preempts Certain Ordinances and Regulations

§ 8-17-252 Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief

§ 8-17-253 Penalty for Violation of Act

§ 8-17-254 Exceptions

§ 8-17-255 Disposition of Funds

§ 8-17-256 Determining Compliance with Article

Article 10 Cigarette Ignition Propensity Standards

§ 8-17-270 Short Title

§ 8-17-271 Definitions

§ 8-17-272 Testing and Certification of Cigarettes

§ 8-17-273 Manufacturer to Submit Written Certification; Recertification; Fee

§ 8-17-274 Fire Standards Compliant Marking

§ 8-17-275 Violations

§ 8-17-276 Promulgation of Rules; Inspections

§ 8-17-277 Enforcement

§ 8-17-278 Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund

§ 8-17-279 Cigarettes for Sale Outside State

§ 8-17-280 Federal Preemption

§ 8-17-281 Relation to Local Provisions

Article 11 Amusement Rides

§ 8-17-290 Adoption of ASTM International Standards

§ 8-17-291 Definitions

§ 8-17-292 Annual Inspection; Certificate; Daily Pre-opening Inspection Requirements

§ 8-17-293 Liability Insurance

§ 8-17-294 Patron Obligations

§ 8-17-295 Exceptions

Article 12 Appliances

§ 8-17-310

Chapter 18 Motion Picture Fair Competition

§ 8-18-1 Short Title

§ 8-18-2 Definitions

§ 8-18-3 Legislative Intent

§ 8-18-4 Blind Bidding Prohibited; Notice of Trade Screening Required

§ 8-18-5 Bidding Procedures

§ 8-18-6 Award of Damages and Attorneys’ Fees in Civil Actions; Injunctive, Etc., Relief

Chapter 19 Deceptive Trade Practices

§ 8-19-1 Short Title

§ 8-19-2 Legislative Intent

§ 8-19-3 Definitions

§ 8-19-4 Enforcement

§ 8-19-5 Unlawful Trade Practices

§ 8-19-6 Interpretation

§ 8-19-7 Exemptions

§ 8-19-8 Restraining Orders

§ 8-19-9 Discovery of Information

§ 8-19-10 Private Right of Action

§ 8-19-11 Penalties

§ 8-19-12 Violations

§ 8-19-13 Defense

§ 8-19-14 Statute of Limitations

§ 8-19-15 Savings Clause

Chapter 19A Alabama Telemarketing Act

§ 8-19A-1 Short Title

§ 8-19A-2 Liberal Construction

§ 8-19A-3 Definitions

§ 8-19A-4 Exemptions

§ 8-19A-5 Licensing; Application for License

§ 8-19A-6 Identification of Certain Affiliated Sellers or Salespersons

§ 8-19A-7 Application Form and Contents; Fee; License Number; Violations

§ 8-19A-8 Display of License Required; Penalty for Failure to Display License

§ 8-19A-9 License Renewal

§ 8-19A-10 Financial Requirements

§ 8-19A-11 Denial of License

§ 8-19A-12 Oral Disclosures

§ 8-19A-13 Gifts, Premiums, Bonuses, or Prizes; Disclosures

§ 8-19A-14 Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser’s Rights

§ 8-19A-15 Violations

§ 8-19A-16 Enforcement Procedures

§ 8-19A-17 Actions by Enforcing Authority

§ 8-19A-18 Civil Penalties; Recovery of Penalties

§ 8-19A-19 Attorney’s Fees and Costs

§ 8-19A-20 Criminal Prosecuting Authority

§ 8-19A-21 Criminal Penalties

§ 8-19A-22 Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidence

§ 8-19A-23 Injured Person’s Right of Recovery; Deceptive Trade Practices Act

§ 8-19A-24 Rules

Chapter 19B Unauthorized Changing of Provider of Telecommunication Services

§ 8-19B-1 Change in Telecommunication Service

Chapter 19C Telephone Solicitations

§ 8-19C-1 Legislative Findings

§ 8-19C-2 Database of Subscribers Objecting to Telephone Solicitations

§ 8-19C-3 Database Fees

§ 8-19C-4 Disclosure of Information

§ 8-19C-5 Identification by Telephone Solicitors Required

§ 8-19C-6 Violations

§ 8-19C-7 Action to Enjoin Violations

§ 8-19C-8 Defenses

§ 8-19C-9 Limitations

§ 8-19C-10 Jurisdiction

§ 8-19C-11 Remedies Not Exclusive

§ 8-19C-12 Liability

Chapter 19D Civil Action for Deceptive Sweepstakes Solicitation

§ 8-19D-1 Definitions

§ 8-19D-2 Deceptive Solicitations; Action for Damages

Chapter 19E Sale of Admission Tickets

§ 8-19E-1 Purchase Price Printed on Face of Ticket

§ 8-19E-2 Resale of Admission Ticket

§ 8-19E-3 Sale of Counterfeit Admission Ticket

§ 8-19E-4 License Not Required for Internet or Electronic Sales

Chapter 19F Fantasy Contests Act

§ 8-19F-1 Short Title

§ 8-19F-2 Definitions

§ 8-19F-3 Registration of Operators; Fees; Taxes

§ 8-19F-4 Fantasy Constest Procedure Requirements

§ 8-19F-5 Deceptive Trade Practices

§ 8-19F-6 Construction of Chapter

§ 8-19F-7 Rulemaking Authority

§ 8-19F-8 Applicability of Gambling Statutes

§ 8-19F-9 Exclusion from Lottery or Gift Enterprise Provisions

§ 8-19F-10 Relation to Other Laws

Chapter 19G Internet Distribution of Sexual Material Harmful to Minors

§ 8-19G-1 Legislative Findings

§ 8-19G-2 Definitions

§ 8-19G-3 Use of Age-Verification for Minors on Certain Adult Websites

§ 8-19G-4 Retention of Personally Identifying Information Prohibited

§ 8-19G-5 Liability of Internet Service Providers, Search Engines, Cloud Service Providers, Etc

§ 8-19G-6 Civil Action for Damages

§ 8-19G-7 Penalties

§ 8-19G-8 Consent Requirements to Publish or Distribute Private Images

§ 8-19G-9 Notices Required from Commercial Entities Using Age Verification Methods

§ 8-19G-10 Tax Levied on Commercial Entities Operating Adult Websites; Reporting Requirements; Distribution of Funds; Rulemaking Authority

Chapter 19H Filter for Certain Internet-Enabled Devices

§ 8-19H-1 Definitions

§ 8-19H-2 Requirements for Certain Devices

§ 8-19H-3 Manufacturer Liability

§ 8-19H-4 Liability of Individuals

§ 8-19H-5 Violations; Penalties

Chapter 19I Advising or Assisting Individuals Regarding Veterans Benefits

§ 8-19I-1 Definitions

§ 8-19I-2 Accreditation Required

§ 8-19I-3 Memorialization of Payment Terms; Disclosure

§ 8-19I-4 Certain Guarantees Prohibited; Excessive or Unreasonable Fees

§ 8-19I-5 Advertising Requirements

§ 8-19I-6 Compensation for Referrals

§ 8-19I-7 Violations

§ 8-19I-8 Applicability

Chapter 19K

§ 8-19K-1

§ 8-19K-2

§ 8-19K-3

§ 8-19K-4

§ 8-19K-5

§ 8-19K-6

§ 8-19K-7

§ 8-19K-8

§ 8-19K-9

§ 8-19K-10

§ 8-19K-11

§ 8-19K-12

§ 8-19K-13

§ 8-19K-14

Chapter 19J

§ 8-19J-1

§ 8-19J-2

§ 8-19J-3

§ 8-19J-4

§ 8-19J-5

Chapter 20 Dealings by Motor Vehicle Manufacturers, Wholesalers, Etc., with Motor Vehicle Dealers

§ 8-20-1 Short Title

§ 8-20-2 Declaration of Purpose

§ 8-20-3 Definitions

§ 8-20-4 Unfair and Deceptive Trade Practices

§ 8-20-4.1 Obligation to Act in Good Faith and Deal Fairly

§ 8-20-5 Limitations on Cancellations, Modifications, Terminations, and Nonrenewals of Franchise Relationships

§ 8-20-6 Predelivery Obligations

§ 8-20-7 Warranty Obligations to Dealers; Reasonable Compensation

§ 8-20-7.1 Compensation of Dealers for Recall Repairs

§ 8-20-8 Warranty Obligations of Manufacturers and Dealers to Consumers

§ 8-20-9 Transportation Damages

§ 8-20-10 Dealer’s Right of Free Association with Other Dealers

§ 8-20-11 Remedies

§ 8-20-12 Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action

§ 8-20-13 Procedure, Protection, and Remedies Available to Motor Vehicle Distributors

§ 8-20-14 Applicability of Chapter

Chapter 20A Motor Vehicle Lemon Law Rights

§ 8-20A-1 Definitions

§ 8-20A-2 Obligations of Manufacturer

§ 8-20A-3 Cause of Action Against Manufacturer

§ 8-20A-4 Resale of Returned Motor Vehicle

§ 8-20A-5 No Dealership Liability

§ 8-20A-6 Statute of Limitations

Chapter 21A The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act

§ 8-21A-1 Short Title

§ 8-21A-2 Definitions

§ 8-21A-3 Violations by Suppliers Generally

§ 8-21A-4 Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, Etc.; New or Relocated Dealership; Sale or Lease of New Equipment

§ 8-21A-5 Supplier’s Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts

§ 8-21A-6 Supplier’s Duties to Dealers - Agreements to Maintain Inventory; Supplier’s Duty to Repurchase Inventory, Etc. Upon Termination of Agreement; Transfer of Title and Right of Possession; Continuing Security Interest; Items Not Covered; Civil Liability of Supplier; Remedies

§ 8-21A-7 Supplier’s Duties to Dealers - Death or Incapacity of Dealer or Majority Stockholder of Corporation Acting as Dealer; Inventory Repurchase; Applicability of Rights and Remedies

§ 8-21A-8 Dealer’s Action Against Supplier for Violations; Civil Liability and Remedies

§ 8-21A-9 Supplier’s Obligations Applied to Successor in Interest or Assignee

§ 8-21A-10 Warranty Agreement on New Equipment; Warranty Claims

§ 8-21A-11 Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer’s Control

§ 8-21A-12 Action for Injunction, Damages, Etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts

§ 8-21A-13 Statute of Limitations; Accrual of Cause of Action

Chapter 21B Alabama Heavy Equipment Dealer Act

§ 8-21B-1 Short Title

§ 8-21B-2 Legislative Findings

§ 8-21B-3 Definitions

§ 8-21B-4 Amendment, Termination, Etc., of Dealer Agreement - Good Cause Required

§ 8-21B-5 Amendment, Termination, Etc., of Dealer Agreement - Notice

§ 8-21B-6 Consent to Transfers

§ 8-21B-7 Delivery of Notice

§ 8-21B-8 Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages

§ 8-21B-9 Incorporation of Chapter into Dealer Agreement

§ 8-21B-10 Reasonableness

§ 8-21B-11 Indemnification

§ 8-21B-12 Repurchase of Items by Supplier

§ 8-21B-13 Remedies

§ 8-21B-14 Civil Action

§ 8-21B-15 Application of Chapter

Chapter 21C Sale of Recreational Vehicles

§ 8-21C-1 Legislative Intent; Applicability

§ 8-21C-2 Definitions

§ 8-21C-3 Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor

§ 8-21C-4 Manufacturer and Dealer Agreement - Termination, Cancellation, Etc

§ 8-21C-5 Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies

§ 8-21C-6 Change of Dealer Ownership

§ 8-21C-7 Duties of Warrantors; Warranty Claims

§ 8-21C-8 Indemnification

§ 8-21C-9 Notification of Pre-delivery Damage

§ 8-21C-10 Coercion Prohibited

§ 8-21C-11 Civil Action for Damages

Chapter 22 Motor Fuel Marketing

§ 8-22-1 Short Title

§ 8-22-2 Legislative Findings

§ 8-22-3 Legislative Declaration and Intent

§ 8-22-4 Definitions

§ 8-22-5 Oil Transfer Price Disclosure Required

§ 8-22-6 Certain Below Cost Fuel Sales Prohibited

§ 8-22-7 Certain Below Cost Fuel Transfers Prohibited

§ 8-22-8 Certain Sales and Transfer Price Differentials Authorized

§ 8-22-9 Unlawful Acts Generally

§ 8-22-10 Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, Etc., Prohibited

§ 8-22-11 Sales Between Wholesalers

§ 8-22-12 Applicability of Chapter Generally

§ 8-22-13 Competitive Sales, Etc

§ 8-22-14 Contracts Violative of Chapter Rendered Void and Unenforceable

§ 8-22-15 Determination of Cost to Wholesaler, Etc

§ 8-22-16 Penalties

§ 8-22-17 Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction

§ 8-22-18 Prima Facie Showing of Violation of Chapter

Chapter 23 Health Studio Services

§ 8-23-1 Legislative Findings and Declaration

§ 8-23-2 Definitions

§ 8-23-3 Registration of Health Studio Sales Persons; Resident Agent; Security Bond

§ 8-23-4 Health Studio Services Contracts - Composition

§ 8-23-5 Health Studio Services Contracts - Written Contract Required; Rights of Buyer

§ 8-23-6 Applicability of Chapter

§ 8-23-7 Assignment of Contract; Notice

§ 8-23-8 Restriction of Right of Action of Buyer Prohibited

§ 8-23-9 Effect of Noncompliance with Chapter

§ 8-23-10 Supervision and Enforcement of Chapter

§ 8-23-11 Penalty

§ 8-23-12 Chapter Not Exclusive

§ 8-23-13 Noncompliance with Chapter Constitutes Unfair Trade Practice

Chapter 24 Sales Representative’s Commission Contracts

§ 8-24-1 Definitions

§ 8-24-2 When Commission Is Due; Payment

§ 8-24-3 Failure to Pay Commission

§ 8-24-4 When Nonresident Principal Considered to Be Doing Business in State

§ 8-24-5 Waiver of Chapter Provisions; Other Rights or Remedies

Chapter 25 Rental-Purchase Agreements

§ 8-25-1 Definitions

§ 8-25-2 Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, Etc., After Delivery; Form of Disclosure

§ 8-25-3 Prohibited Provisions

§ 8-25-4 Reinstatement of Agreement After Failure to Make Timely Payment

§ 8-25-5 Required Provisions in Advertisements

§ 8-25-6 Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant Discovers Error, Gives Notice, and Makes Adjustments

Chapter 25A Recovery Fee for Rental Equipment

§ 8-25A-1 Recovery Fee Included in Rental Agreement for Heavy Equipment Property

Chapter 26 Alabama Athlete Agents Regulatory Act

§ 8-26-1 Short Title

§ 8-26-1.1 Legislative Findings

§ 8-26-2 Definitions

§ 8-26-3 Alabama Athlete Agent Regulatory Commission Created; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses

§ 8-26-4 Registration of Athlete Agents Required

§ 8-26-5 Application for Registration

§ 8-26-6 Evaluation of Applicant and Principal Place of Business

§ 8-26-7 Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for Hearing; Hearing Procedure; Determination of Commission; Appeals; Effective Date of Orders and Judgments

§ 8-26-8 Revocation or Suspension of Registration; Procedure; Reinstatement

§ 8-26-9 Duration of Registration; Renewal Application, Bond, and Fee

§ 8-26-10 Temporary or Provisional Registration

§ 8-26-11 Disclosure of Names and Addresses of Financially Interested Persons

§ 8-26-12 Filing and Registration Fees

§ 8-26-13 Setting of Fees by Commission

§ 8-26-14 Surety Bond - Requirement; Amount; Malpractice Coverage in Lieu of Bond; Certificate of Deposit Payable to Commission or Savings Account Assigned to Commission in Lieu of Bond

§ 8-26-15 Surety Bond - to Whom Payable; Conditions; Damages Not Limited to Amount of Bond, Etc

§ 8-26-16 Surety Bond - Suspension for Failure to Maintain Coverage

§ 8-26-17 Disposition of Moneys and Fines Collected; Alabama Athlete Agent Regulatory Commission Fund

§ 8-26-18 Contents of Registration

§ 8-26-19 Applicability of Registration

§ 8-26-20 Certificate of Convenience Where Registered Person Has Died, Been Declared Incompetent, or for Whose Estate a Conservator Has Been Appointed

§ 8-26-21 Eligibility for Certificate of Convenience; Duration and Renewal of Certificate

§ 8-26-22 Contracts - Approved Form and Content; Agent to Register Presence on Campus, Etc.; Notice of Negotiations, Etc.; Contract Requirements; Rescission; Penalties

§ 8-26-23 Contracts — Statement That Amateur Standing May Be Jeopardized

§ 8-26-24 Limit on Athlete Agent’s Fee

§ 8-26-25 Trust Fund Where Athlete Agent Is Recipient of Athlete’s Salary

§ 8-26-26 Records to Be Kept by Athlete Agent

§ 8-26-27 Maintenance of Financial and Business Records; Access to Records by Commission; Subpoena Power

§ 8-26-28 Rules and Regulations

§ 8-26-29 Sale or Transfer of Athlete Agent’s Interest in Profits of the Athlete Agent

§ 8-26-30 Interest in Entity Directly Involved in Same Sport Prohibited

§ 8-26-31 Disclosure of Athlete Agent’s Interest in Entity Used in Giving Investment Advice

§ 8-26-32 Contracts in Violation of Law

§ 8-26-33 Publication of False, Fraudulent, Etc., Information; Advertisements of Athlete Agent; False Information or Promises Concerning Employment

§ 8-26-34 Division of Fees with Professional Sports League Prohibited; Offers of Compensation to University Employees for Referrals; Employee of Union or Players Association May Not Have Interest in Revenues

§ 8-26-35 Limit on Athlete Agent’s Fee Where Athlete Fails to Procure or Be Paid for Employment

§ 8-26-36 Parties to Action Against Athlete Agent; Transfer and Assignment of Action; Jurisdiction Determined by Damages Claimed

§ 8-26-37 Service of Process Where Athlete Agent Departs State with Intent to Defraud or Avoid Service

§ 8-26-38 Referral of Disputes to Commission; Appeal; Certification That No Controversy Exists

§ 8-26-39 Validity of Provisions as to Arbitration, Existence of Contract, Validity, Construction, Performance, Nonperformance, Breach, Operation, Continuance, or Termination

§ 8-26-40 Effect of Failure to Comply with Section 8-26-4

§ 8-26-41 Penalties for Violation of Chapter

Chapter 26A Alabama Uniform Athlete Agents Act

Article 1 General Provisions

§ 8-26A-1 Short Title

§ 8-26A-2 Definitions

§ 8-26A-3 Administration; Service of Process; Subpoenas

§ 8-26A-4 Athlete Agents; Registration Required; Void Contracts

§ 8-26A-5 Registration as Athlete Agent; Form; Requirements

§ 8-26A-6 Certificate of Registration; Issuance or Denial; Renewal

§ 8-26A-7 Suspension, Revocation, or Refusal to Renew Registration

§ 8-26A-8 Temporary Registration

§ 8-26A-9 Registration and Renewal Fees

§ 8-26A-10 Required Form of Contract

§ 8-26A-11 Notice of Contract to Educational Institution

§ 8-26A-12 Student-Athlete’s Right to Cancel

§ 8-26A-13 Required Records

§ 8-26A-14 Prohibited Conduct

§ 8-26A-15 Criminal Penalties

§ 8-26A-16 Civil Remedies

§ 8-26A-17 Administrative Penalty

§ 8-26A-18 Uniformity of Application and Construction

Article 2 Commission and Disposition of Funds

§ 8-26A-30 Alabama Athlete Agents Commission Continued; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses

§ 8-26A-31 Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund

Chapter 26B Revised Uniform Athlete Agents Act

Article 1 General Provisions

§ 8-26B-1 Short Title

§ 8-26B-2 Definitions

§ 8-26B-3 Secretary of State; Authority; Procedure

§ 8-26B-4 Athlete Agent; Registration Required; Void Contract

§ 8-26B-5 Registration as Athlete Agent; Application; Requirements; Reciprocal Registration

§ 8-26B-6 Certificate of Registration; Issuance or Denial; Renewal

§ 8-26B-7 Suspension, Revocation, or Refusal to Renew Registration

§ 8-26B-8 Temporary Registration

§ 8-26B-9 Registration and Renewal Fees

§ 8-26B-10 Required Form of Agency Contract

§ 8-26B-11 Notice to Educational Institution

§ 8-26B-12 Student Athlete’s Right to Cancel

§ 8-26B-13 Required Records

§ 8-26B-14 Prohibited Conduct; Payment of Expenses Under Certain Circumstances

§ 8-26B-15 Criminal Penalties

§ 8-26B-16 Civil Remedy

§ 8-26B-17 Civil Penalty

§ 8-26B-18 Uniformity of Application and Construction

§ 8-26B-19 Relation to Electronic Signatures in Global and National Commerce Act

Article 2 Commission and Disposition of Funds

§ 8-26B-30 Alabama Athlete Agents Commission

§ 8-26B-31 Disposition of Funds; Alabama Athlete Agents Fund

§ 8-26B-32 Oversight and Enforcement of Article 3 and Rules Adopted Thereunder

Article 3 Compensation of Student Athletes

§ 8-26B-50 Definitions

§ 8-26B-51 Compensation for Use of Student Athlete’s Name, Image, or Likeness

§ 8-26B-52 Professional Representation of Student Athlete

§ 8-26B-53 Revocation or Reduction of Scholarships

§ 8-26B-54 Financial Literacy and Life Skills Programming for Student Athletes

§ 8-26B-55 Alabama Collegiate Athletics Commission

§ 8-26B-56 Permission Required for Use of Name, Image, or Likeness in Conjunction with Registered or Licensed Marks, Logos, Etc

§ 8-26B-57 Inducements Prohibited to Attend, Enroll, Etc., in Specific Postsecondary Educational Institution

§ 8-26B-58 No Cause of Action for Prior Acts

§ 8-26B-59 Employment Status of Student Athlete with a Postsecondary Education Institution

§ 8-26B-60 Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions

§ 8-26B-61 Violations

Chapter 27 Alabama Trade Secrets Act

§ 8-27-1 Short Title

§ 8-27-2 Definitions

§ 8-27-3 Misappropriation

§ 8-27-4 Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation

§ 8-27-5 Statute of Limitation

§ 8-27-6 Effect on Other Law

Chapter 28 Disposal of Molds, Dies or Patterns

§ 8-28-1 Definitions

§ 8-28-2 When Molder May Dispose of Form Owned by Customer

§ 8-28-3 Procedure for Disposal; Notice

§ 8-28-4 Applicability

Chapter 29 Timely Payments to Contractors and Subcontractors

§ 8-29-1 Definitions

§ 8-29-2 Performance in Accordance with Contract Entitles Contractor or Subcontractor to Payment

§ 8-29-3 Timely Payments to Contractors and Subcontractors; Noncompliance with Chapter; Percentage of Retainage on Payments

§ 8-29-4 Withholding Application and Certification for Payment; Withholding Payment; Notice

§ 8-29-5 Waiver of Right to Receive Interest

§ 8-29-6 Civil Action

§ 8-29-7 Exemptions from Chapter

§ 8-29-8 No Amendment of Existing Laws; Not Applicable in Certain Civil Actions

Chapter 30 Burial Services, Merchandise, and Property

§ 8-30-1 Definitions

§ 8-30-2 Schedule of Charges for Burial Services and Merchandise

§ 8-30-3 Prohibited Actions

§ 8-30-4 Penalty for Violation of Chapter

Chapter 31 Alabama Unconscionable Pricing Act

§ 8-31-1 Short Title

§ 8-31-2 Definitions

§ 8-31-3 Prohibition of Unconscionable Pricing During Declared State of Emergency

§ 8-31-4 Determination of Unconscionable Price During a State of Emergency

§ 8-31-5 Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate

§ 8-31-6 Private Cause of Action Not Created

Chapter 32 Service Contracts

§ 8-32-1 Purpose

§ 8-32-2 Definitions

§ 8-32-3 Requirements for Selling or Offering to Sell Service Contracts

§ 8-32-4 Required Provisions, Reimbursement Insurance Policy

§ 8-32-5 Required Provisions, Service Contracts

§ 8-32-6 Prohibited Acts

§ 8-32-7 Record Keeping Requirements

§ 8-32-8 Cancellation of Reimbursement Insurance Policy

§ 8-32-9 Obligation of Reimbursement Insurance Policy Insurers

§ 8-32-10 Enforcement Provisions

§ 8-32-11 Rules and Regulations

§ 8-32-12 Service Contracts Prior to January 1, 1998

§ 8-32-13 Transfer of Unexpired Manufacturer’s Warranties on Heating, Ventilation, and Air-Conditioning Systems with the Associated Real Property

Chapter 33 Vehicle Protection Product Act

§ 8-33-1 Short Title

§ 8-33-2 Definitions

§ 8-33-3 Compliance

§ 8-33-4 Registration Requirements

§ 8-33-5 Conditions for Warrantors

§ 8-33-6 Conditions for Policies

§ 8-33-7 Form and Contents of Warranty

§ 8-33-8 Cancellation of Warranty

§ 8-33-9 Prohibited Acts

§ 8-33-10 Record Keeping Requirements

§ 8-33-11 Enforcement Provisions

§ 8-33-12 Rules and Regulations

§ 8-33-13 Applicability

§ 8-33-14 Disposition of Funds; Examination Expenses

Chapter 34 Dealers in Gold or Precious Items

§ 8-34-1 Definitions

§ 8-34-2 License Required

§ 8-34-3 Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency

§ 8-34-4 Retention of Items; Payment; Purchase from Persons Under 18 Years of Age

§ 8-34-5 Display of Chapter

§ 8-34-6 Violations

§ 8-34-7 Application

Chapter 35 Consumer Credit Report Security Freeze

§ 8-35-1 Definitions

§ 8-35-2 Security Freeze on Credit Report

§ 8-35-3 Notice of Rights

Chapter 36 Residential Roofing Controls

§ 8-36-1 Definitions

§ 8-36-2 Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments

Chapter 37 Guaranteed Asset Protection Waivers

§ 8-37-1 Purpose; Applicability

§ 8-37-2 Definitions

§ 8-37-3 Gap Waivers Authorized; Charges; Insurance; Creditor Requirements

§ 8-37-4 Reimbursements; Coverage; Effect of Cancellation or Termination

§ 8-37-5 Disclosure Requirements

§ 8-37-6 Cancellation of Gap Waiver Agreements

§ 8-37-7 Lease or Retail Installments Sales

§ 8-37-8 Enforcement

§ 8-37-9 Legislative Findings

§ 8-37-10 Applicability

Chapter 37A Motor Vehicle Value Protection Agreements

§ 8-37A-1 Purpose and Application of Chapter

§ 8-37A-2 Definitions

§ 8-37A-3 Motor Vehicle Value Protection Agreements; Administration; Agreement to Be Provided

§ 8-37A-4 Provider Requirements

§ 8-37A-5 Written Disclosures

§ 8-37A-6 Enforcement of Chapter

Chapter 38 Data Breach Notification Act of 2018

§ 8-38-1 Short Title

§ 8-38-2 Definitions

§ 8-38-3 Reasonable Security Measures; Assessment

§ 8-38-4 Investigation of Security Breach

§ 8-38-5 Notice of Security Breach - Individuals Affected

§ 8-38-6 Notice of Security Breach - Attorney General

§ 8-38-7 Notice of Security Breach - Consumer Reporting Agencies

§ 8-38-8 Notice of Security Breach - Covered Entity

§ 8-38-9 Violations of Notification Requirements

§ 8-38-10 Disposal of Records Containing Sensitive Personally Identifying Information

§ 8-38-11 Exemptions - Federal

§ 8-38-12 Exemptions - State

Chapter 39 New Assistive Device Warranty Act

§ 8-39-1 Short Title

§ 8-39-2 Definitions

§ 8-39-3 Reporting and Repair of Assistive Device with a Noncomformity

§ 8-39-4 Refund or Replacement for Assistive Device with a Non Comformity

§ 8-39-5 Applicability of Chapter

§ 8-39-6 Rights and Remedies of Consumer

Chapter 40 Sale of Collectibles

§ 8-40-1 Definitions

§ 8-40-2 Applicability of Chapter

§ 8-40-3 Consumer Remedies for Purchase of Inauthentic Collectible Item

Chapter 41 High Volume Third Party Sellers of Consumer Products on Online Market Places

§ 8-41-1 Definitions

§ 8-41-2 Information Required from High-Volume Third Party Sellers; Duties of Online Marketplace

§ 8-41-3 Disclosure of Identity Information; Grounds for Suspension of Future Sales Activity

§ 8-41-4 Disclosure of Reporting Mechanisms

§ 8-41-5 Use of Information or Documents; Security Procedures

§ 8-41-6 Violations

§ 8-41-7 Relation to Simplified Use Tax Remittance Program

Chapter 42 Residential Real Estate Transactions

§ 8-42-1 Legislative Findings

§ 8-42-2 Assignment of Equitable Interest in Single-Family Residential Property; Disclosure Requirements

§ 8-42-3 Application of Chapter; Liens; Unfair Service Agreements

Chapter 43 Alabama Genetic Data Privacy Act

§ 8-43-1 Short Title

§ 8-43-2 Definitions

§ 8-43-3 Policies and Procedures Governing the Collection, Use, Maintenance, and Disclosure of Genetic Data; Consumer Consent Requirements

§ 8-43-4 Confidentiality of Consumers’ Genetic Information

§ 8-43-5 Applicability of Chapter

§ 8-43-6 Violations; Enforcement

Chapter 44 The Alabama Personal Data Protection Act

§ 8-44-1 Short Title

§ 8-44-2 Definitions

§ 8-44-3

§ 8-44-4

§ 8-44-5

§ 8-44-6

§ 8-44-7

§ 8-44-8

§ 8-44-9

§ 8-44-10

§ 8-44-11

Full text is available per section.