Alabama TCPA and telemarketing law
Alabama has its own telemarketing statute with a private right of action.
| Statute | Ala. Code § 8-19C-1 et seq.; Ala. Code § 8-19A-1 et seq. | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $2,000 / violation | ↗ |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
Alabama regulates telemarketing through two chapters. The Alabama Telemarketing Act (Ala. Code § 8-19A) requires commercial telephone sellers and salespeople to hold a license from the Attorney General's Consumer Division and to identify themselves within the first 30 seconds of a call. Chapter 8-19C bars telephone solicitations to residential subscribers who have registered their objection with the Public Service Commission. Alabama defines telephone solicitation as a voice communication over a telephone line, and the statutes set no consent requirement of their own.
A person who receives more than one prohibited solicitation from the same seller within 12 months may sue for an injunction and for actual loss or up to $2,000 per knowing violation, whichever is greater. A seller with reasonable, carefully implemented procedures has a defense. Separately, the Telemarketing Act carries a civil penalty of up to $10,000 per violation, and the Public Service Commission can impose up to $2,000 per knowing do-not-call violation.
Source: Ala. Code § 8-19C-1 et seq.; Ala. Code § 8-19A-1 et seq. ↗