Ala. Code §§ 8-19-1 to 8-19-15 § 8-19-15
Savings Clause.
Operative Text
(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.
Alabama Code §§ 8-19-1 to 8-19-15 contains a savings clause that creates a mutually exclusive choice between two legal paths when a dispute involves conduct covered by the chapter. A party may either pursue the civil remedies spelled out in the chapter itself, or pursue traditional fraud-based remedies available under common law or other statutes — but not both simultaneously. Choosing one path means giving up the other, while remedies that fall outside the fraud-related categories remain available and are not affected by this election requirement.
Plain English — not legal advice.
Property owners and managers operating in Alabama should be aware that under §§ 8-19-1 to 8-19-15, any civil claim strategy involving conduct covered by this chapter requires a clear choice between the chapter's statutory remedies and common-law fraud remedies. Compliant operators generally document their business practices carefully so that, if a dispute arises, the nature of the claim and the applicable remedy path can be clearly identified. Understanding this election requirement is important when evaluating how overlapping legal claims might be structured in a dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Alabama whose disputes involve conduct covered by §§ 8-19-1 to 8-19-15 should understand that the law requires choosing between the chapter's own civil remedies and traditional fraud-based remedies — pursuing one forecloses the other. This election can have significant consequences for the types of relief available, so tenants facing such a situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Alabama consumer protection law. Other types of remedies not rooted in fraud or misrepresentation remain unaffected by this election requirement under the savings clause.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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