Chapter 1 - 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 (Effective until July 1, 1999, for administrative establishment of database and until July 1, 2000, for all purposes.) 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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. ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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. ...
- 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 ...
- 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 ...
- 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 ...
- Section 8-19A-24 Rules
The division shall promulgate rules to implement and administer this chapter. ...
