Alabama Deceptive Trade Practices Act

Alabama has a good consumer law for any consumer to use if he or she has been wronged by a business. Alabama statute section 8-19-1 provides for the Alabama Deceptive Trade Practices Act. This law states, as its legislative intent under section 8-19-2, that “the public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consuming public and legitimate business person.”

This law sets forth twenty-six separate deceptive trade practices acts and has a catchall that provides for redress for “engaging in any other unconscionable, false, misleading or deceptive act or practice in the conduct of trade or commerce.” This Alabama law, in section 8-19-10 allows a private right of action and provides that someone who commits the act will be responsible for monetary damages to another person for “any actual damages sustained by such consumer or person, or the sum of $100, whichever is greater, or up to three times any actual damages, in the court’s discretion.”

The law also provides that, in a successful action to enforce this law, the costs of the action together with reasonable attorney’s fees will be paid. If someone is looking to pursue a cause of action under this Alabama law, then there is a requirement that, at least fifteen days prior to the filing of any action under this section, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be communicated to any prospective respondent by placing in the United States mail or otherwise.

This letter is an absolute requirement under this law for any business that has a place or business or keeps assets within the state of Alabama. The letter is not required to be sent to a business that does not have a place of business in Alabama or does not keep assets within the state. Our advice, however, is to always send a letter to any entity whether they are located in the state of Alabama or not prior to filing a lawsuit under this section.

If you believe you have been wronged by a business or company as a consumer, please feel free to contact one of our offices nearest to you to set up a free consultation to discuss your situation.

 

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Alabama Offices

Birmingham

2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200


Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200


Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010


Huntsville Location
225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899


Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363


Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447


Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580


Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195


Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666


Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559


Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866


Mississippi Offices

Jackson Location
5760 I-55 North, Ste 100
Jackson, MS 39211
Phone: (601) 353-5000


Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 264-7200


Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

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