Code of Alabama
Chapter 19 - Consumer Finance.
Section 5-19-25 - Cease and Desist Orders by Administrator; Penalties for Violation of This Chapter; Right to Counsel at Hearing; Judicial Review.

After notice and hearing, the administrator may order a licensee under this chapter or a person acting on behalf of the licensee to cease and desist from engaging in violations of this chapter. A creditor who is found by the administrator, after notice and hearing, to have violated this chapter may be ordered by the administrator to pay a civil penalty in an amount determined by the administrator of not more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature or, where violations are knowing violations, of not more than fifty thousand dollars ($50,000), in addition to any other penalties provided by law, including, but not limited to, license revocation. Violations shall be of a similar nature if the violations consist of the same or substantially the same course of action or practice irrespective of the number of times the course of action or practice occurred. All civil penalties collected shall be paid into the special fund provided by Section 5-2A-20 and used in the supervision and examination of licensees. At the hearing, the licensee shall be entitled to be represented by counsel. A licensee aggrieved by an order of the administrator under this section may obtain judicial review of the order and the administrator may obtain an order of the court for enforcement of its order in the circuit court. The proceedings shall be governed by the provisions of Section 5-19-26.

Structure Code of Alabama

Code of Alabama

Title 5 - Banks and Financial Institutions.

Chapter 19 - Consumer Finance.

Section 5-19-1 - Definitions.

Section 5-19-1.1 - Legislative Findings.

Section 5-19-3 - Maximum Finance Charges; Contracting for Minimum Finance Charge; Alternate per Month Computed Finance Charge.

Section 5-19-4 - Additional Charges for Default or Deferral; Prepayment; Renewal or Refinancing; Real Property Transactions.

Section 5-19-5 - Acceptance of Negotiable Instruments as Evidence of Consumer Debt.

Section 5-19-6 - Copies of Instruments Signed by Debtors to Be Furnished to Debtors; Required Statement in Contracts, etc.; Limitation on Disclosure Requirements; Intent, Applicability of Limitation.

Section 5-19-7 - Right to Refinance Amount of Certain Scheduled Payments.

Section 5-19-8 - Assignee of Seller Subject to Claims and Defenses of Buyer.

Section 5-19-9 - Application of Payments When Buyer Indebted to Same Seller for Two or More Consumer Credit Sales.

Section 5-19-10 - Contract Provisions for Attorney's Fees.

Section 5-19-12 - Buyer's Right to Cancel Home Solicitation Sale.

Section 5-19-13 - Repossession or Acceptance of Surrender of Goods Priced at One Thousand Dollars or Less.

Section 5-19-14 - Rebates or Discounts, etc., as Inducement for Aiding Sale to Another Prohibited.

Section 5-19-15 - Garnishment.

Section 5-19-16 - Refusal by Court to Enforce Unconscionable Agreement.

Section 5-19-17 - Inducing Obligation on More Than One Contract in Order to Obtain Higher Finance Charge Prohibited; Consolidation of Existing Precomputed Consumer Credit Transaction Contract and Subsequent Precomputed Consumer Credit Transaction.

Section 5-19-18 - Installment Payment of Debt of One Thousand Dollars or Less.

Section 5-19-19 - Liabilities of Creditor Making Excess Finance Charge; Failure to Obtain License; Damages for Deliberate Violation or Reckless Disregard; Written Notice of Violations; Oral Statements Not Admissible; Fiduciary Duty Not Created.

Section 5-19-20 - Insurance.

Section 5-19-21 - Administrator Authorized to Make Rules and Regulations; Filing Notice of Intended Action With Legislative Reference Service; Transactions Entered Into After May 20, 1996.

Section 5-19-22 - License to Engage in Business of Making Consumer Loans or Taking Assignments of Consumer Credit Contracts - Required; Exceptions; Application; Investigation; Standards for Issuance; Hearing; Licensing Under Small Loan Act; Fees; Par...

Section 5-19-23 - License to Engage in Business of Making Consumer Loans or Taking Assignments of Consumer Credit Contracts - Revocation or Suspension.

Section 5-19-24 - Examinations and Investigations of Licensees by Administrator.

Section 5-19-25 - Cease and Desist Orders by Administrator; Penalties for Violation of This Chapter; Right to Counsel at Hearing; Judicial Review.

Section 5-19-26 - Appeals to Circuit Court From Order of Administrator; Appeals From Decision of Circuit Court.

Section 5-19-29 - Injunctions.

Section 5-19-30 - Penalty for Violations.

Section 5-19-31 - Nonapplicability of Chapter to Certain Transactions; Certain Laws Not Repealed or Amended.

Section 5-19-32 - Service Contracts.

Section 5-19-33 - Account Maintenance Fee.