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AL SB270

Bill

Status

Passed

5/4/2016

Primary Sponsor

Phillip Williams

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Origin

Senate

Regular Session 2016

AI Summary

SB270 Summary

  • Prohibits consumers from bringing class actions under the Alabama Deceptive Trade Practices Act, except through the Attorney General or district attorney; establishes this prohibition as substantive law.

  • Requires consumers bringing private claims under the Act to prove they reasonably and detrimentally relied on the unlawful practice; makes such reliance non-presumable.

  • Allows consumers to recover actual damages (minimum $100) or up to treble damages at court discretion, plus attorney's fees and costs in successful actions.

  • Requires a 15-day written demand for relief before filing suit; allows defendants to avoid additional damages and fees by tendering settlement sufficient to cover actual damages within 15 days.

  • Limits Attorney General and district attorney actions to actual damages plus attorney's fees and costs, without minimum or treble damages awards.

Legislative Description

Deceptive trade practices, allowing consumers who rely on certain information to bring action for consumer fraud, Sec. 8-19-10 am'd.

Deceptive Trade Practices

Last Action

Assigned Act No. 2016-407.

5/4/2016

Committee Referrals

Judiciary3/22/2016
Judiciary2/18/2016

Full Bill Text

No bill text available