SB78 Alabama 2017 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2017

Title

Deceptive trade practices, action against violations must be brought within four years from the act, Sec. 8-9-14 am'd

Summary

SB78 would extend the filing deadline for Deceptive Trade Practices Act lawsuits to four years from the act or practice, with discovery and contract-length rules that modify the window.

What This Bill Does

The bill amends the Deceptive Trade Practices Act to allow an action to be filed within four years from the act or transaction that constitutes the violation. It maintains a discovery rule requiring the plaintiff to bring the action within one year after discovering the act or practice, but not later than four years from the transaction date. If a contract or warranty lasts longer than three years, the deadline changes to the earlier of one year after expiration or four years after discovery, whichever occurs first. The act also states when this amendment becomes effective after passage and governor approval.

Who It Affects

• Consumers or others who allege deceptive trade practices and may have more time to file a claim
• Businesses, sellers, and contract/warranty providers who could be sued under the Deceptive Trade Practices Act and are subject to the new timing rules

Key Provisions

• Amends Section 8-19-14 to set a four-year maximum for filing actions from the date of the act or transaction that gave rise to the claim
• Retains a discovery rule: actions must be filed within one year after discovery (or reasonably should have discovered) the act or practice
• Adds a special rule for contracts or warranties longer than three years, limiting actions to the earlier of one year after expiration or four years after discovery (whichever occurs first)
• Specifies the act becomes effective on the first day of the third month after passage and governor approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure