Title 8 — Title 8

The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama: (1) Marketing of motor fuel is affected with the public interest. (2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of moto…

It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competi…

The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business trust, joint stock company, co…

All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those…

It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market…

It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases fo…

(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allow…

It shall be unlawful under this section: (1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition. (2) For any person, where the effect is to injure competition, …

The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state, and that exi…

Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively. History: (Acts 1984, No. 84-297, p. 661, §10.)

Violation of this chapter shall constitute a Class C felony. History: (Acts 1984, No. 84-297, p. 661, §11.)

Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws. History: (Acts 1984, No. 84-297, p. 661, §12.)

Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice. History: (Acts 1984, No. 84-297, p. 661, §13.)

For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise: (1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in…

Bond. (a) Each person who sells health studio services in this state shall register with the Attorney General’s Consumer Protection Division on forms the division provides. The person shall furnish the full name and address of each business location where health studio services a…

Every contract for the sale of health studio services shall contain the following: (1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health s…

Buyer. Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also …

The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts. History: (Acts 1984, No. 84-297, p. 661, §6.)

No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good f…

No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to the parties any right of action or defense which the buyer may have against the seller. History: (Acts 1984…

Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy. History: (Acts 1984, No. 84-297, p. 661, §9.)

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage…

(a) The terms of the contract between the principal and sales representative shall determine when a commission is due. (b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the part…

A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney’s fees and court costs. History: (Acts 1985, No. 85-543, p. 7…

A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal. History: (Acts 1985, No. 85-543, p. 782, §4; Acts 1994…

(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void. (b) This chapter does not invalidate or restrict a…

As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise: (1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agr…

After Delivery; Form of Disclosure. (a) The merchant shall disclose to the consumer the information required by this title. In a transaction involving more than one consumer, the merchant need disclose to only one of the consumers who are primarily obligated. In a transaction inv…

A rental-purchase agreement shall not contain a provision: (1) Requiring a confession of judgment; (2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise; (3) Waiving a defense, counterclaim, or right the consumer may ha…

A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired, by taking the required action within five days if the consumer pays monthly or within two days if the consumer pays more frequently than month…

An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state: (1) That the transaction advertised is a rental-purchase agreement and (2) T…

Where Merchant Discovers Error, Gives Notice, and Makes Adjustments. (a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant: (1) Actual damages; (2) Twenty-five percent of an amount equal to the total amount of payments requir…

Property. (a) Except as provided in subsection (b), a person in the business of renting heavy equipment property located in this state may include in the rental agreement a one and one-half percent recovery fee on the gross rental receipts from any item of heavy equipment rented …

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §1.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Act 98-132, p. 194, §1.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §10.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §11.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §12; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §13; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)

Bond; Certificate of Deposit Payable to Commission or Savings Account Assigned to Commission in Lieu of Bond. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §14; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §…

Amount of Bond, Etc. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §15, Act 98–132, p. 194, §2.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §16.)

Regulatory Commission Fund. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §17; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §18.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §19.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §2; Act 98-132, p. 194, §2.)

Declared Incompetent, or for Whose Estate a Conservator Has Been Appointed. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §20.)

Certificate. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §21.)

Campus, Etc.; Notice of Negotiations, Etc.; Contract Requirements; Rescission; Penalties. Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §22; Act 98–132, p. 194, §2.)

Repealed by Act 2001-701, § 3, effective October 1, 2001. History: (Acts 1987, No. 87-628, p. 1115, §23.)