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Unfair and Deceptive Practices

Ala. Code § 8-19-10 — actual damages or $100, up to three times that, and a written demand 15 days before suing

  • Passing off goods or services as someone else's, or confusing buyers about who makes or approves them.
  • Claiming qualities, uses or approvals goods or services do not have, or selling used or reconditioned goods as new.
  • Advertising goods or services with intent not to sell them as advertised.
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Who handles this in Alabama: Alabama Attorney General, Consumer Interest Division and Alabama Public Service Commission, Consumer Services; and legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.

A consumer harmed may recoverAmount
A consumer harmed may recoverDamagesAmountActual damages or $100, whichever is greater
A consumer harmed may recoverIn the court's discretionAmountUp to three times actual damages
A consumer harmed may recoverOn winningAmountCosts and a reasonable attorney's fee

A demand first. At least 15 days before filing, a written demand for relief naming the claimant and describing the practice and the injury goes to the business. A suit the court finds frivolous or in bad faith costs the one who brought it the other side's fees.

A suit is brought within one year after the practice is or reasonably should have been discovered, and no more than four years after the transaction, with a different limit for a contract or warranty of more than three years.

Sources for this section (3)
  1. Ala. Code § 8-19-5 — Unlawful Trade Practices
  2. Ala. Code § 8-19-10 — Private Right of Action
  3. Ala. Code § 8-19-14 — Statute of Limitations

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.

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