Alabama Deceptive Trade Practices Act vs. Predatory Private Operator
The Alabama Deceptive Trade Practices Act (ADTPA), Code of Ala. §8-19-1 et seq., prohibits unfair or deceptive acts in trade or commerce. Private parking operators who issue 'invoices' designed to look like government citations, who add unauthorized 'late fees' and 'collection fees', who fail to disclose their identity, or who refuse to provide an itemized statement on request, may be liable under the ADTPA. Remedies include actual damages, treble damages for willful violations, attorney's fees and a private right of action under §8-19-10. A demand letter citing the ADTPA usually settles the dispute.
Legal basis
Code of Ala. §8-19-1 through §8-19-15 (Alabama Deceptive Trade Practices Act); §8-19-5 (prohibited acts); §8-19-10 (private right of action); §8-19-11 (treble damages, attorney's fees)
Sample appeal wording
TO: [PRIVATE_OPERATOR_NAME] VIA CERTIFIED MAIL RE: Notice [REFERENCE_NUMBER] DEMAND LETTER UNDER CODE OF ALA. §8-19-1 ET SEQ. The enclosed notice you sent to me is, in form and substance, designed to mimic a government parking citation. This conduct violates the Alabama Deceptive Trade Practices Act in the following respects: 1. The notice uses badge/seal/'CITATION' language suggesting government authority you do not possess (§8-19-5(2)); 2. You added '$[X] late fee' without authority in your contract or any signage (§8-19-5(7)); 3. The signage at the lot does not state your company name, the maximum charges, or the dispute procedure as required by Code of Ala. §32-13-3 for any towing operator using the lot. Under §8-19-10, I have a private right of action. Under §8-19-11, the Court may award treble damages plus attorney's fees if your violation is willful. I demand: (a) cancellation of the alleged charge; (b) written confirmation within 14 days; (c) confirmation that you will not report the matter to any credit bureau or collection agency. Failure to comply will result in an immediate ADTPA suit and a complaint to the Alabama AG Consumer Affairs Section. [NAME, ADDRESS, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Alabama §8-19-1 through §8-19-15
- Alabama Attorney General Consumer Affairs Section