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Can I sell products or services online without violating e-commerce laws in Alabama? What are the requirements?
To sell products or services online in Alabama, you must comply with the state’s e-commerce laws. The requirements vary depending on the type of product or service you are selling.
If you are selling electronic nicotine delivery systems or alternative nicotine products, you must obtain a valid permit, ensure that you do not conduct a delivery sale of these products to a person under the legal minimum age, and accept payment only through a credit or debit card issued in the purchaser’s own name [1.2].
If you are selling consumer goods or services ordered as a result of a commercial telephone solicitation, you must comply with the requirements set forth in Section 8-19A-14 of the Alabama Code. These requirements include reducing the contract to writing and having it signed by the purchaser, matching the description of the goods or services as that principally used in the telephone solicitation, and containing the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, among other things [7.1].
If you are shipping products, you must include a clear and conspicuous statement on the shipping documents stating that “Cigarettes: Alabama Law Prohibits Shipping to Individuals Under 19 Years of Age and Requires the Payment of All Applicable Taxes” [1.1]. You must also use a method of mailing, shipping, or delivery that requires the consumer’s signature before the shipping package is released to the consumer [1.1].
Additionally, you must comply with the Wholesale to Retail Accountability Program (WRAP) if you are selling tobacco products or beer or wine in Alabama. This program requires every seller of tobacco products making sales within the state on which sales or use tax was not collected at the time of the sale and every beer or wine distributor to file informational reports with the State Department of Revenue [5.1].
In conclusion, to sell products or services online in Alabama, you must comply with the state’s e-commerce laws, including obtaining necessary permits, complying with commercial telephone solicitation requirements, including required information in shipping documents, and complying with the Wholesale to Retail Accountability Program if applicable.
Source(s):
- [1.1] Shipping requirements.
- [1.2] Permit requirements; violations.
- [5.1] Program established; definitions; informational reports; Wholesale and Distributor Reporting Advisory Group.
- [7.1] Contract requirements; credit cards; notice of cancellation; returns; purchaser’s rights.
Jurisdiction
Alabama