Alabama Consumer Law
In Alabama, the mini-FTC act is Ala. Code § 8-19-1 to 15. Under this legislation, plaintiffs have a cause of action when an individual conducting trade or commerce: engages in false, misleading, or deceptive acts or practices; misleading advertising or false claims; and/or performs a variety of other unconscionable, false, misleading, or deceptive practices. To sustain an action, a plaintiff must show monetary damages due to the unlawful act of the defendant. There is a statute of limitations of one year after the plaintiff knows or should have reasonably discovered the act that is the subject of the action, but no more than four years unless the contract or warranty is for more than three years. If the contract or warranty is for more than three years, no action may be brought more than one year from the expiration date of the contract or warranty or more than one year after the person bringing the action discovered or reasonably should have discovered the act or practice which is the subject of the action, whichever occurs first.
A successful plaintiff is entitled to damages. Actual damages or $100, whichever is greater, or up to three-times actual damages are available, at the courts discretion. Class actions are not permitted, unless brought by the Attorney General.