(a) This section shall be known and may be cited as the Alabama State of Emergency Consumer Protection Act.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felony1 to 10 yearsup to $15,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-6 and Ala. Code § 13A-5-7
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Terms Used In Alabama Code 13A-9-111.1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • following: means next after. See Alabama Code 1-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) A person commits the offense of aggravated home repair fraud when the person knowingly does any of the following:

(1) Enters into an agreement or contract for consideration, written or oral, with another person for home repair of a residential structure that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3, and the offending person knowingly does any one or more of the following:

a. Knowingly misrepresents a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved.
b. Knowingly creates or confirms another person’s impression which is false and which he or she does not believe to be true.
c. Promises performance which he or she does not intend to perform or knows will not be performed.
d. Knowingly uses or employs any deception, false pretense, or false promises in order to induce, encourage, or solicit another person to enter into any contract or agreement.
e. Knowingly misrepresents or conceals either his or her real name or the name of his or her business or business address.
f. Knowingly uses deception, coercion, or force to obtain another person’s consent to modification of the terms of the original contract or agreement.
g. After having previously been convicted of a violation of Section complaint procedures” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL” title=”34″>34-14A-14, 34-31-32, 34-36-16, or 34-37-17 for noncompliance with a state occupational license requirement, violates Section 34-14A-14, 34-31-32, 34-36-16, or 34-37-17.
h. Is in violation of Section 34-14A-14, 34-31-32, 34-36-16, or 34-37-17 by knowingly misrepresenting or concealing his or her noncompliance with a state occupational license requirement.
(2) Damages the property of another person with the intent to enter into an agreement or contract for home repair of a residential structure that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3.
(3) Misrepresents himself or herself or another person as being an employee or agent of any unit of federal, state, or municipal government or any other governmental unit, or an employee or agent of any public utility, with the intent to cause another person to enter into a contract or agreement for home repair of a residential structure that does not belong to the offending person and that is damaged, destroyed, or otherwise in need of repair or services as a result of an event for which the Governor has declared a state of emergency, as defined in Section 31-9-3.
(c) A violation of this section is a Class C felony.
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