Ala. Code § 8-40-1

Current through the 2024 Regular Session.

Section 8-40-1 - Definitions

As used in this chapter, the following terms shall have the following meanings:

(1) AUTHENTICATE. The representation by a dealer or other person that a collectible is authentic.

(2) AUTOGRAPHED ITEM. A sports item or entertainment media item bearing the signature of a particular person that is sold or offered for sale for fifty dollars ($50) or more, excluding sales tax and shipping fees, when the dealer offers the signed item at a higher price than the dealer would charge for a comparable item without the signature.

(3) COLLECTIBLE. An autographed item, entertainment media item, historical artifact, limited edition item, item of memorabilia, sports item, or similar item represented to have value based on the collectible nature of the item.

(4) CONSUMER. A natural person who purchases an autographed collectible from a dealer for personal, family, or household purposes. The term includes a prospective purchaser meeting these criteria.

(5) DEALER. A person who is in the business of selling or offering for sale collectibles and has sold three or more collectibles in the preceding 12 months. The term includes a person engaged in a mail-order, telephone-order, online, or television business for the sale of collectibles.

The term does not include any of the following:

a. A pawnbroker that acquired the collectible through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles.

b. The person who autographed the collectible.

(6) ENTERTAINMENT MEDIA ITEM. An item related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia.

(7) HISTORICAL ARTIFACT. An object, such as a tool, or the remains of one, such as a shard of pottery, or a historical writing, manuscript, or document, characteristic of an earlier time or cultural stage, valued for its historical significance and authenticity.

(8) LIMITED EDITION. An autographed collectible that meets all of the following requirements:

a. A person has produced a specific quantity of an autographed collectible and placed it on the open market.

b. The person has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions.

c. The person makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced.

d. The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible.

(9) MEMORABILIA. Objects kept or collected because of their historical interest, particularly those deriving value from their connection to a particular memorable person or event, and also deriving value from authenticity.

(10) REPRESENTATION. Any written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, online communication, Internet web page, email, or other commercial or promotional material.

(11) SPORTS ITEM. A photograph, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia.

Ala. Code § 8-40-1 (1975)

Added by Act 2022-398,§ 1, eff. 7/1/2022.