Legal Definitions - Alabama

The State of Alabama has established specific laws to address various digital and solicitation-related activities, aiming to protect its citizens and maintain order in commercial and online interactions. Below is an overview of Alabama's legal stance on several key areas:

• Commercial Email and Spam

  Alabama currently does not have specific state statutes that directly address commercial email and spam. This means that federal laws, such as the CAN-SPAM Act, would primarily govern unsolicited commercial emails originating from or received within the state.

  • Example 1: A marketing firm based in Birmingham, Alabama, sends out a mass email campaign promoting a new product to millions of recipients, some of whom have not opted in to receive communications.

    Explanation: In this scenario, while the firm's actions might be subject to federal regulations like the CAN-SPAM Act, Alabama state law does not provide additional specific statutes to prosecute or regulate this commercial email activity.

  • Example 2: An individual in Mobile, Alabama, receives numerous unsolicited emails daily, ranging from advertisements to phishing attempts, some originating from companies within Alabama.

    Explanation: The receipt of these emails, even if from Alabama-based entities, would not fall under a specific Alabama state law concerning spam, but rather under broader federal guidelines.

• Telemarketing and Telephonic Anti-Solicitation

  Alabama has specific legislation, including the Alabama Telemarketing Act of 1994 and the Telephone Solicitations Act of 1999, designed to regulate telemarketing practices and protect consumers from unwanted or deceptive telephone solicitations.

  • Example 1: A telemarketing company repeatedly calls an Alabama resident who has explicitly requested to be placed on their "do not call" list, continuing to solicit sales.

    Explanation: This action would likely violate Alabama's telemarketing acts, which aim to prevent persistent and unwanted solicitation calls, especially after a consumer has opted out.

  • Example 2: A scammer calls an elderly person in Huntsville, Alabama, pretending to be from the IRS and demanding immediate payment via gift cards, threatening arrest if the demands are not met.

    Explanation: This deceptive and coercive telephonic solicitation would be a clear violation of Alabama's anti-solicitation laws, which protect citizens from fraudulent and misleading calls.

  • Example 3: A legitimate charity conducting a fundraising drive calls Alabama residents but fails to clearly identify the organization and the purpose of the call at the very beginning of the conversation.

    Explanation: Alabama's telemarketing laws often include requirements for clear identification and disclosure during solicitation calls, and failing to do so could constitute a violation.

• Unlawful Trade Practices

  The Deceptive Trade Practices Act of 1981 in Alabama provides legal recourse against businesses that engage in misleading, unfair, or fraudulent practices when offering goods or services to consumers.

  • Example 1: A car dealership in Montgomery, Alabama, advertises a used vehicle as having "only one previous owner" and "guaranteed low mileage," when in fact, the car has had multiple owners and the odometer was rolled back.

    Explanation: This constitutes a deceptive trade practice because the dealership is making false representations about the vehicle's history and condition to induce a sale.

  • Example 2: A home repair contractor in Dothan, Alabama, charges a homeowner for extensive roof repairs, but only performs superficial work, leaving the underlying issues unaddressed and presenting a falsified invoice for the full amount.

    Explanation: This scenario involves both deceptive billing and failure to perform promised services, falling under the purview of unlawful trade practices.

• Pornography (Child-related offenses by computer)

  Alabama has robust laws specifically targeting offenses against children involving computers and electronic means. These include the Sex Offenses by Computer Use Involving a Child Act of 1997 and the Solicitation of Children by Electronic Means Act of 2009, which address issues like child pornography and online solicitation of minors.

  • Example 1: An individual in Alabama uses an encrypted messaging app to distribute images and videos depicting child sexual abuse material to other users.

    Explanation: This act directly violates Alabama's laws against the distribution of child pornography through computer use.

  • Example 2: An adult in Tuscaloosa, Alabama, creates a fake social media profile to pose as a teenager and attempts to persuade a minor to send them explicit photographs.

    Explanation: This behavior falls under the Solicitation of Children by Electronic Means Act, as it involves using electronic communication to solicit inappropriate content from a minor.

  • Example 3: Someone in rural Alabama accesses a dark web forum to download and possess child sexual abuse material on their personal computer.

    Explanation: The possession of such material, even if only for personal viewing, is a serious offense under Alabama's Sex Offenses by Computer Use Involving a Child Act.

• Computer-related Crime

  The Alabama Digital Crime Act of 2012 (which replaced earlier legislation) is Alabama's comprehensive law addressing various crimes committed using computers or digital systems. This includes offenses such as unauthorized access, data theft, computer damage, and other forms of cybercrime.

  • Example 1: A former employee of a company in Auburn, Alabama, uses their old login credentials to illegally access the company's server and delete critical project files.

    Explanation: This is a clear case of unauthorized access and intentional damage to a computer system, which is prohibited under the Alabama Digital Crime Act.

  • Example 2: A hacker based outside Alabama launches a ransomware attack that encrypts the entire network of a small business in Florence, Alabama, demanding a cryptocurrency payment for the decryption key.

    Explanation: While the hacker might be external, the impact on an Alabama business's computer system constitutes a computer-related crime under the Act, allowing for investigation and prosecution if the perpetrator is identified.

  • Example 3: An individual in Phenix City, Alabama, uses specialized software to steal credit card numbers from an online retail database without authorization.

    Explanation: This act of unauthorized data theft from a computer system is a direct violation of the Alabama Digital Crime Act.