It happens far too often. First, someone sells you an item advertising how it works or how useful it is.
Next, you discover the item is broken or doesn’t work at all how it was purported to. What can you do to get your money back?
The Alabama government created a special protective law for consumers known as the Alabama Deceptive Trade Practices Act (ADTPA).
Alabama consumer protection laws help protect you against bad actors’ deceptive advertising and sales tactics.
How Does the Alabama Deceptive Trade Practices Act Work?
The Alabama legislature enacted the ADTPA as a “strong and effective consumer protection program.”
Section 8-19-5 of the Alabama consumer protection act lays out 27 different types of unlawful trade practices policed by the act.
Some of these include:
- Mislabeling goods produced by someone else,
- Representing goods as being of a higher quality than they are,
- Using packaging that violates a federal trademark or copyright law,
- Intentionally misrepresenting a warranty,
- Advertising a sale by falsely claiming to be going out of business,
- Selling a car without disclosing material damages to it,
- Advertising an item without the intent of selling it, and
- Engaging in other unconscionable, false, or misleading practices.
However, a few exemptions exist to protect certain businesses and other parties. For example, a TV or radio program can falsely advertise a product they were genuinely led to believe held allegedly false qualities.
Another exemption is if the seller discontinues their misleading practices upon request of the Attorney General of Alabama.
What to Do If You are Affected by a Deceptive Trade Practice
Say you buy a car under the impression that it has no issues, only for you to learn it is riddled with debilitating defects. The Alabama Deceptive Trade Practices Act may be able to help you recover your lost money.
The act imposes harsh penalties on deceptive sellers for even one violation. These include possible misdemeanor prosecution and fines up to $2,000 per violation to the government.
Suffice to say, it is a bad idea to perform deceptive trade practices in Alabama.
The Alabama consumer protection act also provides a private right of action to sue the entity that harmed you.
First, you prove by a preponderance of the evidence you were actually injured directly from the deceptive practice.
Then, you may be entitled to win back the money you spent. In addition, the court may choose to levy damages up to three times your actual harm upon the entity you are suing.
This means you could earn up to three times the money you lost back upon winning the lawsuit.
We’re Here to Help
If you suffer harm from a deceptive trade practice, do not hesitate to reach out to Fob James Law Firm, LLC. Our firm has over 40 years of experience advocating for victims of fraud and injuries.
Our firm prides itself on taking on less cases than other personal injury law firms in Alabama to give you the best care possible. We will listen to your case, and we will fight for the compensation you deserve.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.