Law / United States /
Alabama
Name and address lists from local board of education records: no sale, gift or receipt for marketing
In force.
A sensitive categories rule binding private bodies.
- Enforcement body
- Alabama Attorney General, by an action for a civil penalty (section 16-1-58(b)).
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
What it requires
- Do not knowingly sell, give or receive any list of names and addresses contained in or derived from public records requested from an Alabama local board of education for the purpose of selling or offering for sale any property or service to the individuals or entities listed (section 16-1-58(a)).
- If the public officer holding such records asks, certify in writing that you will not use a list of names or addresses derived from the records to sell or offer property or services to anyone listed or residing at a listed address, and will not sell, give or otherwise make the list available to another person for that purpose (section 16-1-58(c)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 16-1-58(b): a person who knowingly violates subsection (a) is liable for a civil penalty of not more than $500 for each violation, in an action brought by the Attorney General.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 500
What this law does
Section 16-1-58 of the Code of Alabama bars any person from knowingly selling, giving or receiving a list of names and addresses contained in or derived from public records requested from a local board of education for the purpose of selling or offering for sale any property or service to the individuals or entities listed. A person who knowingly violates that bar is liable for a civil penalty of not more than $500 for each violation, in an action brought by the Attorney General.
Where the public officer holding such records has reasonable cause to believe a request may be used in violation of the bar, the officer may require the requester to certify in writing that it will not use any list derived from the records to sell or offer property or services to those listed or to anyone residing at a listed address, and will not sell, give or otherwise make the list available to another person for that purpose.
The section imposes no liability on a public officer who grants access in good faith compliance with that certification procedure. The State Board of Education may, by rule, provide guidance and a model certification form for custodians of public records. Section 3 of Act 2026-592 (Senate Bill 272, 2026 Regular Session) provides that the Act becomes effective immediately.
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