Title 8

As used in this chapter, the following words and phrases have the following meanings unless a different meaning is required by the context: (1) COMMODITY. Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, wit…

It is unlawful and a violation of Section 8-19-5 for any person or entity to impose unconscionable prices for the sale or rental of any commodity, the rental of any facility, or the provision of any service during the period of a declared state of emergency for any time periods a…

It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the Governor in Section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of 25 percent the average price at whic…

(a) Upon an entry of judgement or decree for a violation of this chapter, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000) per violation with an aggregate total not to exceed twenty-five thousand dollars ($25,000) for any 24-hour period. (b) All …

Nothing in this chapter creates a private cause of action in favor of any person damaged by a violation of this chapter. (Acts 1996, No. 96-171, p. 195, §6.)

(a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state. (b) The following are exempt from Sections 8-32-2 through 8-32-12: (1) Warranties. (2) Maintenance agreements. (3) Warranties, service contracts, or maintenance…

(a) The commissioner may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce this chapter and protect service contract holders in this state. Upon request of the commissioner, the provider shall make all accounts, books, and …

The commissioner may promulgate reasonable rules and regulations necessary to implement this chapter. (Acts 1997, No. 97-445, p. 753, §11.)

Service contracts entered into prior to January 1, 1998, and renewals thereof, may but are not required to comply with this chapter. Providers and other persons are not required to comply with this chapter until January 1, 1998. A provider or other person may, but is not required…

(a) As used in this section, the following terms have the following meanings: (1) HVAC SYSTEM. A heating, ventilation, and air conditioning system. (2) MANUFACTURER’S WARRANTY. The original equipment manufacturer’s unregistered, initial, or base term warranty to repair, service, …

As used in this chapter, the following terms shall have the following meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter. (2) …

(a) Either the provider or its designee shall: (1) Provide a receipt for, or other written evidence of, the purchase of the service contract to the contract holder. (2) Provide a copy of the service contract to the service contract holder within a reasonable period of time from t…

Reimbursement insurance policies insuring service contracts sold in this state shall provide that, upon failure of the provider to perform under the service contract, including, without limitation, failure to refund or credit the unearned portion of the purchase price of the serv…

(a) Service contracts sold or offered for sale in this state, in their entirety, shall be written, printed, or typed in eight point type size, or larger, and shall comply with the requirements set forth in this section, as applicable. (b)(1) Service contracts insured under a reim…

(a) A provider shall not use in its name the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name o…

(a)(1) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (2) The provider’s accounts, books, and records shall include the following: a. Copies of each type of service contract sold. b. The name and address of each…

To the extent applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with Chapter 40 of Title 27 has been mailed or delivered to the commissioner. The termination of a reimbursement insurance …

(a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this cha…

This chapter shall be known and may be cited as the Vehicle Protection Product Act. (Act 2006-600, p. 1638, §1.)

(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A vehicle protection product warrantor’s accounts, books, and records shall include: (1) Copies of all vehicle protection produ…

(a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and record…

The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such ru…

This chapter applies to all vehicle protection products sold or offered for sale on or after January 1, 2007. The failure of any person to comply with this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative proceeding, arbitration, o…

(a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter. (b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination …

As used in this chapter, the following words shall have the following meanings: (1) ADMINISTRATOR. A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. (2) COMMISSIONER. The Co…

(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter. (b) Vehicle protection product warrantors and related vehicle protection product sellers and warran…

(a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the commissioner. (b) Warrantor registration records shall be filed annually and shall be updated with…

(a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards …

No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions: (1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor al…

(a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty: (1) States that the obligations of the warrantor to the warranty holde…

(a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any. (b) The warrantor may only cancel the warranty if th…

(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words “insurance,” “casualty,” “surety,” “mutual,” or any other words descriptive of the insurance, casualty, or surety business or …

As used in this chapter, the following terms shall have the following meanings: (1) DEALER. Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. A dealer does not include a manufactu…

(a) Each dealer engaged in the business of purchasing precious items for the purpose of reselling the items shall purchase a state license in the amount of one hundred dollars ($100) and a county license in the amount of fifty dollars ($50) under Article 1, Chapter 12, Title 40. …

(a) Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a local law enforcement agency: (1) The name, current address, date of birth, and signature of the person from whom the dealer purchased the item. (2) A descrip…

(a) Any item purchased shall be held in the same shape and form as receipted for in the dealer’s custody for 15 business days after delivering the list to the local law enforcement agency as required under this chapter. (b) Payment to the seller shall be by check only, made payab…

Each dealer shall prominently display a copy of this chapter in a conspicuous place on the premises of the business. (Act 2010-732, p. 1843, §5.)

A person who violates this chapter is guilty of a Class B misdemeanor. (Act 2010-732, p. 1843, §6.)

This chapter does not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed by the Alabama State Banking Department, manufacturer, or wholesale dealer. (Act 2010-732, p. 1843, §7.)

As used in this chapter, the following terms shall have the following meanings: (1) CONSUMER. A natural person residing in this state. (2) CONSUMER CREDIT REPORT. A consumer report, as defined in 15 U.S.C. §1681a(d), that a consumer reporting agency furnishes to a person which it…

(a) A consumer may place a security freeze on the consumer’s credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 31, 2012, a consumer credit reporting agency shall make available to consumers an Internet based…

At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. §1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice: “Alabama Consumers Have the Right to Obtain a Security Freeze. You have …

As used in this chapter, the following terms shall have the following meanings: (1) RESIDENTIAL REAL ESTATE. A new or existing building constructed for habitation by one to four families, including detached garages. (2) RESIDENTIAL ROOFING CONTRACTOR. A person or entity in the bu…

(a) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day if the insured rece…

(a) The purpose of this chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that GAP waivers may 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 ins…

Creditors and other persons are not required to comply with this chapter for any GAP waiver entered into prior to January 1, 2018. (Act 2017-392, §2.)