(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 6 monthsup to $3,000
For details, see Ala. Code § 13A-5-7
criminal case

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Terms Used In Alabama Code 13A-9-41

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or
(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(4) Sells, offers or exposes for sale adulterated commodities; or
(5) Sells, offers or exposes for sale mislabeled commodities.
(b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.
(d) “Mislabeled” means:

(1) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or
(2) Represented as being another person’s product, though otherwise labeled accurately as to quality and quantity.
(e) Deceptive business practices is a Class B misdemeanor.
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