Title 8 — Title 8

(a) A contractual liability or other insurance policy insuring a GAP waiver shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the b…

Subject to Section 8-37-7, a creditor that offers a GAP waiver shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, all of the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the…

(a) Guaranteed asset protection waiver agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver within the Free Look Period, the creditor, administrator, or other authorized party shall provide the borrower a full refund of the purchase price…

Subsection (c) of Section 8-37-3 and Sections 8-37-5 and 8-37-8 of this chapter are not applicable to a GAP waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. History: (Act 2017-392, §1.)

(a) The Superintendent of Banks may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing, the superintendent may do both of the following: (1) Order…

The Legislature finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued prior to and after January 1, 2018, shall not be construed as insurance. History: (Act 2017-392, §1.)

(a) The purpose of this chapter is to define motor vehicle value protection agreements and to authorize the agreements to be offered within this state. (b) This chapter does not apply to either of the following: (1) An insurance policy offered by an insurer under the insurance la…

For the purposes of this chapter, the following words have the following meanings: (1) ADMINISTRATOR. The person who may be responsible for the administrative or operational function of motor vehicle value protection agreements including, but not limited to, the adjudication of c…

to Be Provided. (a) A motor vehicle value protection agreement may be offered, sold, or provided to a borrower or lessor under this chapter. (b) A provider may use an administrator or other designee to be responsible for all or part of the administration of motor vehicle value pr…

In order to assure the faithful performance of the obligations of a provider to its contract holders, the provider shall comply with one of the following: (1)a. Insure all of its motor vehicle value protection agreements under an insurance policy that pays or reimburses the oblig…

(a) A motor vehicle value protection agreement shall disclose in writing and in clear, understandable language that is easy to read all of the following: (1) The name and address of the provider, contract holder, and administrator, if any. (2) The terms of the agreement including…

(a) The Superintendent of Banks may take action that is necessary or appropriate to enforce this chapter and to protect motor vehicle value protection contract holders in this state. After notice and a hearing, the superintendent may do both of the following: (1) Order the provid…

This chapter may be cited and shall be known as the Alabama Data Breach Notification Act of 2018. History: (Act 2018-396, §1.)

Information. A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to ap…

An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following: (1) Maintains procedures pursu…

An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this cha…

For the purposes of this chapter, the following terms have the following meanings: (1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time commit…

(a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security. (b) Reasonable security measures means security measures practicable for the covered entit…

(a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity …

(a) A covered entity that is not a third-party agent that determines under Section 8- 38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is r…

(a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection …

If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwid…

In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following the de…

(a) A violation of the notification provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under Section 8-19-12. The Attorney General shall have the exclusive …

This chapter shall be known and may be cited as the New Assistive Devices Warranty Act. History: (Act 2018-448, §1.)

For purposes of this chapter, the following terms shall have the following meanings: (1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a…

(a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following: (1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device deale…

(a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement …

This chapter does not apply to any of the following: (1) Disposable assistive devices with a useful life of one year or less. (2) Batteries or nonfunctional accessories. (3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assi…

(a) This chapter shall not limit rights or remedies available to a consumer under any other law. (b) Any waiver of rights by a consumer under this chapter shall be void. (c) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by …

As used in this chapter, the following terms have the following meanings: (1) AUTHENTICATE. The representation by a dealer or other person that a collectible is authentic. (2) AUTOGRAPHED ITEM. A sports item or entertainment media item bearing the signature of a particular person…

This chapter does not apply to a collectible if purchased based on any of the following: (1) The collectible was purchased by barter or trade for other items. (2) The collectible was sold by one dealer to another dealer. History: (Act 2022-398, §2.)

(a) A consumer who purchases an authenticated collectible from a dealer based on a representation that the collectible is authentic is entitled to recover from the dealer the full purchase price of the collectible plus damages within three years of the purchase if the consumer pr…

As used in this chapter, the following terms have the following meanings: (1) CONSUMER PRODUCT. Any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes, including, but not limited to, any property intend…

Online Marketplace. (a) An online marketplace shall require any high-volume third-party seller on its platform, not later than 10 days after qualifying as such, to provide all of the following information to the online marketplace: (1) A bank account number or, if the high-volume…

Sales Activity. (a) Except as provided in subsection (b), an online marketplace shall require any high-volume third-party seller with an aggregate total of twenty thousand dollars ($20,000) or more in annual gross revenues on its platform to provide to the online marketplace and …

An online marketplace shall disclose to consumers in a clear and conspicuous manner, on the product listing of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplac…

(a) Information or documents collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law. (b) An online marketplace shall implement and maintain reasonable security procedures and practices, including administrat…

A violation of any provision of this chapter shall be actionable as a violation of the Deceptive Trade Practices Act, enforceable by the Attorney General or any district attorney. History: (Act 2022-441, §6(a).)

Nothing in this chapter shall be construed as imposing any requirement, qualification, or condition for an online marketplace to be eligible to participate in the state Simplified Use Tax Remittance Program, as defined under Section 40-23- 191. History: (Act 2022-441, §6(b).)

The Legislature finds and declares all of the following: (1) Wholesaling real property occurs when a buyer enters into a contract for purchase and sale of a single-family residential property with the seller of the property thereby creating the buyer’s equitable interest in the p…

Disclosure Requirements. (a) A person may acquire an equitable interest in a single-family residential property as the buyer under a contract for the purchase and sale of the property and then may assign or offer to assign the interest for a fee if the buyer discloses in writing …

(a) For purposes of this section the following terms have the following meanings: (1) RECORDING. Presenting a document to a county judge of probate for official placement in the public land records. (2) RESIDENTIAL REAL ESTATE. Real property located in this state which is used pr…

This chapter shall be known as the “Alabama Genetic Data Privacy Act.” History: (Act 2024-384, §1.)

For purposes of this chapter, the following words have the following meanings: (1) BIOLOGICAL SAMPLE. Any human material known to contain DNA, including, but not limited to, tissue, saliva, blood, or urine. (2) CONSUMER. Any individual who is an Alabama resident. (3) CONTRACTOR. …

and Disclosure of Genetic Data; Consumer Consent Requirements. (a)(1) A genetic testing company shall prominently display to a consumer complete information regarding the company’s policies and procedures governing the collection, use, maintenance, and disclosure of genetic data …

(a) A contract between the genetic testing company and a contractor shall prohibit the contractor from using, retaining, or disclosing any biological sample, extracted genetic material, genetic data, or information identifying the consumer for any purpose other than performing th…

This chapter does not apply to any of the following: (1) A covered entity or business associate as those terms are defined in 45 C.F.R. Parts 160 and 164. (2) The collection, use, or retention of biological samples or genetic data for noncommercial purposes, including for researc…

(a) Any consumer may report a violation of this chapter to the the Consumer Interest Division of the Office of the Attorney General. (b) The Consumer Interest Division of the Office of the Attorney General may enforce this chapter by a civil action in circuit court to enjoin any …