HB395 Alabama 2020 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Session

Regular Session 2020

Title

Consumer protection, require vendors of autographed collectibles to provide a warranty

Summary

HB395 would require dealers of autographed collectibles, historical artifacts, and memorabilia to provide an express warranty of authenticity at sale, offer a three-day cancellation window, and follow disclosure and record-keeping rules with penalties for noncompliance.

What This Bill Does

If passed, the bill would require an express, signed warranty of authenticity at the time of sale and keep a copy for 10 years. Dealers must document whether items came from third parties and keep contact information for those sources. It also mandates conspicuous warranty signage for dealers, auctioneers, and trade-show vendors, and creates a three-day right to cancel with a defined return process and refund timeline. Violations can lead to civil penalties, actual damages, and possible legal costs and punitive damages, with bonding or insurance required for those selling such items.

Who It Affects

• Consumers who purchase autographed collectibles, historical artifacts, or memorabilia: gain an express warranty, a 3-day cancellation window, and potential damages remedies if the warranty is not honored.
• Dealers, auctioneers, and trade-show vendors selling autographed collectibles, historical artifacts, or memorabilia: must provide warranties, maintain 10-year warranty records, track third-party sourcing, display required signage, keep third-party contact records for 7 years, and carry bonding or insurance; face penalties for noncompliance.

Key Provisions

• Any dealer making a representation that an item is authentic must furnish a written express warranty at the time of sale, signed by the dealer, with the dealer's legal name and address, date of sale, purchase price, item description, and the signer’s name.
• The warranty must expressly state authenticity and be considered part of the bargain, include information about limited editions if applicable, indicate bonding or insurance status, and identify any third-party sources and related information (to be kept for 7 years and can be requested in civil disputes).
• Dealers must maintain a copy of the warranty for 10 years after sale and keep records showing whether the item came from a third party and how to contact that source.
• Signage is required for dealers, auctioneers, and trade-show vendors about the warranty requirements and 3-day return rights, including specific language to display at sale locations or online.
• Consumers have a right to cancel the purchase within three days after buying the item, with a defined return process (return in 30 days, in the same condition, refund within 10 days of receipt).
• Advertising and disclosures for mail-order, online, or broadcast sales must include specified warranty disclosures and on-screen or spoken messages about the warranty and bonding/insurance.
• Civil penalties and damages apply for noncompliance, including actual damages for inadequate or false warranties, with enhanced penalties for gross negligence or knowing false warranties; costs and potential punitive damages may be awarded; remedies are in addition to other laws.
• Dealers must be surety bonded or insured to cover errors and omissions related to authentication, sale, or resale of these items.
• The act becomes effective 180 days after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumers and Consumer Protection