We know when we’re buying something that we want to keep as much money as possible in our wallets while the seller wants to get as much out as they can. This is fine, but what if there’s something going on that we don’t know about, like sellers using misleading tactics or making false claims about their product?
These so-called “deceptive trade practices†can include anything from overstating the benefits of vitamins to concealing a used car’s accident history. Fortunately for consumers in the Yellowhammer State, laws are on the books to protect citizens from shady sales tactics. This is an introduction to deceptive trade practice laws in Alabama.
Deceptive Trade Practices Laws
While Alabama has not adopted the Uniform Deceptive Trade Practices Act, the state has several statutes under both its Consumer Protection and Criminal sections that prohibit shady sales practices. Deceptive trade practices laws in Alabama are highlighted in the table below.
| Uniform Deceptive Trade Practices Act Adopted | No. Code of Alabama 8-19-1, et seq.: Deceptive Trade Practices |
| False Advertising Forbidden | Yes. Code of Alabama 13A-9-42: False Advertising |
| Who May Bring Suit | Private parties, attorney general, district attorney (§8-19-8) |
| Remedies Available | Restraining orders (§8-19-8); actual damages or $100, whichever is greater, or in court's discretion up to three times actual damages (§8-19-10); continuous willful violation is Class A misdemeanor (§8-19-12); civil penalty up to $25,000 per violation (§8-19-11) |
| Auto Odometer Tampering Forbidden | Yes §8-19-5(15) |
Protecting Yourself Against Deceptive Trade Practices
State laws prohibiting deceptive trade practices laws are great, but they can only provide a remedy after the fact. Therefore, consumers should always be on guard to avoid scams before they fall for them. You can contact a consumer protection office in your area to learn about local scams or report a person or local business of engaging in deceptive business practices.
Federal resources, like www.consumeraction.gov, and a number of nonprofits, like the Better Business Bureau at www.bbb.org and www.fraud.org can assist you with a consumer fraud complaint, from filling out a fraud complaint online, to filing it with the appropriate local, state, and federal agencies.
Alabama Deceptive Trade Practices Laws: Related Resources
Consumer scams, and the deceptive trade practices laws that cover them, are constantly evolving. You can contact an Alabama consumer protection attorney if you would like legal assistance regarding a deceptive trade practices or a possible consumer fraud matter. You can also visit FindLaw's Consumer Protection section for additional articles and information on this topic.
