(a) The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive. An election to pursue the civil remedies prescribed in this chapter shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter.
(b) An election to pursue any civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence or transaction actionable under this chapter shall exclude and be a surrender of all rights and remedies available under this chapter. All other remedies, penalties or actions presently provided by statute or common law or hereafter provided for in any other law or rule of procedure are cumulative with the provisions, remedies and actions in this chapter and this chapter shall not be construed to repeal or supersede any law not inconsistent herewith.
(Acts 1981, No. 81-355, p. 510, §15.)
Notes of Decisions
Collins v. Davol, Inc., 56 F. Supp. 3d 1222 (N.D. Ala. 2014).
· cites it 3× “The parties briefs, however, indicate that they are in agreement that the plaintiffs lived in Alabama in 2012. See doc. 8 at 6; doc. 12 at 2.”
Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1995).
“Further, § 8-19-15, also part of the Deceptive Trade Practices Act, makes it clear that the remedies available under that Act and the remedies available under the common law or other statutory law are "mutually exclusive.”
Jones v. Coty Inc., 362 F. Supp. 3d 1182 (U.S. Cir. Ct. 2018).
“See Ala. Code § 8-19-15 (a) ("The civil remedies provided herein and the civil remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression of material facts or fraudulent concealment are mutually exclusive.”
Ford Motor Co. v. Sperau, 708 So. 2d 111 (Ala. 1997).
“Section 8-19-15, Ala.Code 1975. [*] Note from the reporter of decisions: On February 10, 1998, the Supreme Court issued the following certificate of judgment: "WHEREAS, in keeping with the former order and judgment of this Court entered on September 5, 1997, the appellee(s),…”
Solar Reflections, LLC v. Solar Reflections Glass Tinting, LLC, 256 F. Supp. 3d 1248 (N.D. Ala. 2017).
“, and its deceptive trade practices claim under the Alabama Deceptive Trade Practices Act is set out in Alabama Code § 8-19-1 through § 8-19-15. The Alabama Trademark Act appears not to have a statute of limitation, raising the question whether the two-year residual limitation…”
Morris v. Walmart Inc (N.D. Ala. 2020).
· cites it 2× “Ala. Code § 8-19-15 (a). Because Morris has elected to pursue related common law claims, Walmart contends that her ADTPA claims are “procedurally waived.”
Carter v. L'Oreal USA, Inc. (S.D. Ala. 2019).
“CODE § 8-19-15. The statute goes on to state that an “election to pursue the civil remedies prescribed [under the ADTPA] shall exclude and be a surrender of all other rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation, deceit,…”
— Ala. Code § 8-19-15(a) — 1 case
Collins v. Davol, Inc., 56 F. Supp. 3d 1222 (N.D. Ala. 2014).
“The parties briefs, however, indicate that they are in agreement that the plaintiffs lived in Alabama in 2012. See doc. 8 at 6; doc. 12 at 2.”
— Ala. Code § 8-19-15(b) — 1 case
Collins v. Davol, Inc., 56 F. Supp. 3d 1222 (N.D. Ala. 2014).
“The parties briefs, however, indicate that they are in agreement that the plaintiffs lived in Alabama in 2012. See doc. 8 at 6; doc. 12 at 2.”
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