Ala. Code §§ 8-19-1 to 8-19-15 § 8-19-7
Exemptions.
Operative Text
Nothing in this chapter shall apply to: (1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement; (2) Any seller of goods or services who meets all the following requirements: a. Has disseminated advertisement or promotional material from a manufacturer, packer, distributor, or other seller, from whom he has purchased the goods or services, unless the seller knew the advertisement or promotional material to be false or misleading; and b. On the request of the Attorney General or district attorney, provides the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the goods or services; and c. On the request of the Attorney General or district attorney, agrees in writing to discontinue dissemination of such false and misleading material; (3) Any person or activity which is subject to the provisions of the Alabama Insurance Code, Title 27, as amended, or any bank or affiliate of a bank which is regulated by the State Banking Department of Alabama, the Comptroller of the Currency of the United States, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, or to any person or activity which is subject to the provisions of Title 10, Chapter 4, Article 6, or to the regulated activities of any utility, telephone company or railroad which is regulated by the Alabama Public Service Commission; (4) Any violation of the Federal Consumer Credit Protection Act (15 U.S.C. §1601 et seq.); (5) Any activity which is subject to the provisions of the Securities Act of Alabama, Chapter 6 of this title or to the provisions of the Sale of Checks Acts, Chapter 7 of this title; or to the provisions of Article 5 of Chapter 6 of this title (relating to a notification procedure for the issuance of certain industrial revenue bonds). (6) For purposes of this section, the burden of proving exemption from the provisions of this chapter shall be upon the person claiming the exemption.
Section 8-19-7 of Alabama's Deceptive Trade Practices Act carves out specific categories of actors and activities that fall outside the chapter's reach. These exemptions cover media publishers and broadcasters who unknowingly run deceptive ads, sellers who pass along manufacturer-supplied promotional materials in good faith and cooperate with authorities, and entities already regulated under other legal frameworks such as the Alabama Insurance Code, federal banking regulators, the Alabama Public Service Commission, federal consumer credit law, and state securities law. Importantly, the provision places the burden of proving that an exemption applies squarely on the party claiming it—exemptions are not assumed.
Plain English — not legal advice.
Although § 8-19-7 is not housing-specific, property managers and landlords who advertise rental units in Alabama should be aware that the exemptions it lists are narrow and must be affirmatively proven by whoever claims them. A compliant operator generally ensures that any promotional or advertising material used to market units is accurate, and does not rely on a third-party source as an automatic shield from liability under the chapter. Operators who receive advertising content from outside vendors typically verify its accuracy, since the good-faith exemption under § 8-19-7(2) requires cooperation with the Attorney General or district attorney upon request, including agreeing in writing to stop disseminating false material.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 8-19-7, tenants should be aware that a landlord or property manager cannot automatically escape liability under Alabama's Deceptive Trade Practices Act simply by claiming one of the listed exemptions—the burden of proving the exemption falls on the party asserting it. If a tenant believes a landlord made false or misleading representations in advertising or promotional materials, the exemptions in this section may not protect the landlord if they had knowledge of the deceptive nature of the content. Tenants who believe they have encountered deceptive practices may consider contacting the Alabama Attorney General's Consumer Protection Division or consulting a tenant-rights organization to understand what options may be available under the chapter.
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.
Effective Timeline
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