HB395 Alabama 2020 Session

Current law does not require a dealer of autographed collectibles, historical artifacts, or memorabilia to furnish an express warranty of authenticity to a purchaser when an autographed collectible, historical artifact, or piece of memorabilia sold is represented to be authentic

This bill would require any dealer of autographed collectibles, historical artifacts, or memorabilia to furnish an express warranty to the consumer at the time of sale. A dealer would be required to maintain a copy of this express warranty for 10 years following the date of sale

This bill would also require a dealer to maintain records indicating whether an autographed collectible, historical artifact, or piece of memorabilia was obtained from a third party, as well as sufficient records to make contact with that individual

This bill would also require a dealer, an auctioneer, and a vendor at a trade show to display specified signage regarding the express warranty requirements for autographed collectibles, historical artifacts, and memorabilia

The bill would also grant a consumer the right to cancel the contract for the purchase of an autographed collectible, historical artifact, or piece of memorabilia represented by a dealer as authentic until at least midnight of the third day after the day on which the consumer purchased the item, except when the item is purchased at a public auction or trade show, or as part of a trade or barter, as specified. The bill would specify procedures and conditions of the cancellation. The bill would require the three-day right of return, except as specified, to be included in the sign and the onscreen message a dealer is required to display

This bill would also provide for specified civil penalties in a civil action against the dealer for failure to comply with the provisions regarding express warranties

Relating to autographed collectibles, historical artifacts, and memorabilia; to require any dealer of autographed collectibles, historical artifacts, or memorabilia to furnish an express warranty to the consumer at the time of sale; to allow a consumer to cancel the purchase contract for an autographed collectible, historical artifact, or piece of memorabilia for a specified period of time; and to provide for civil penalties for certain violations.