§ 8-19A-17 — Actions by Enforcing Authority

Alabama § 8-19A-17

• Jurisdiction: Alabama
• Title 8: Commercial Law and Consumer Protection
• Ch. 19A: Alabama Telemarketing Act

Text

The division may bring:
(1) An action to obtain a declaratory judgment that an act or practice violates this chapter.
(2) An action to enjoin any person who has violated or is violating this chapter.
(3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of this chapter. This action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter. Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer’s reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a master or receiver against a commercial telephone seller. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.

Legislative History

(Acts 1994, No. 94-650, p. 1220, §17.)