Alabama: consumer-protection statute

Deceptive Trade Practices Act — Ala. Code § 8-19-1 et seq.

Statute-text comparison only, not legal advice. Verify against the current official code.

Private right of action

Whether a person may bring a civil action under the statute.

Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer... shall be liable to each consumer or other person

8-19-10

Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer

Actual damages

Recovery for the loss a person actually suffered.

Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater

8-19-10

Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

$100

8-19-10

Any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Up to three times any actual damages, in the court's discretion

8-19-10

Up to three times any actual damages, in the court’s discretion

Attorney fees

Rules for recovering the cost of legal representation.

In the case of any successful action or counterclaim to enforce the foregoing liability or in which injunctive relief is obtained, the costs of the action or counterclaim, together with a reasonable attorney's fee

8-19-10

the costs of the action or counterclaim, together with a reasonable attorney’s fee

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

At least 15 days prior to the filing of any action under this section, a written demand for relief... shall be communicated to any prospective respondent

8-19-10

At least 15 days prior to the filing of any action under this section, a written demand for relief

Class action limits

Restrictions on bringing claims on behalf of a class.

A consumer or other person bringing an action under this chapter may not bring an action on behalf of a class

8-19-10

A consumer or other person bringing an action under this chapter may not bring an action on behalf of a class

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts

8-19-6

due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts

Time limit for a claim

The period in which an action must be brought.

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 act or practice

8-19-14

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 act or practice

Injunctive relief

Court orders requiring conduct to stop or change.

the Attorney General or the district attorney may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary or permanent injunction such acts or practices

8-19-8

to restrain by temporary restraining order, temporary or permanent injunction such acts or practices

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than $2,000 per violation

8-19-11

shall forfeit and pay a civil penalty of not more than $2,000 per violation