Alabama State Court Class Action Complaint

CLASS ACTION COMPLAINT (ALABAMA STATE COURT)

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Civil Action No.: [________________________________]

Judge: [________________________________]

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [________________________________] ("Plaintiff"), individually and on behalf of all others similarly situated, by and through undersigned counsel, brings this Class Action Complaint against Defendant [________________________________] ("Defendant"), and alleges upon personal knowledge as to matters concerning Plaintiff and upon information and belief as to all other matters, as follows:

I. NATURE OF THE ACTION

1. This is a class action brought under Ala. R. Civ. P. 23 and Ala. Code § 6-5-640 et seq. on behalf of a class of Alabama [consumers/persons/purchasers] who [________________________________] [describe class and common grievance].

2. Defendant engaged in [________________________________] [describe uniform, standardized unlawful conduct], which caused common and class-wide injury to Plaintiff and the proposed Class.

3. Plaintiff seeks compensatory damages, restitution and disgorgement, declaratory and injunctive relief, pre- and post-judgment interest, attorneys' fees and costs where authorized by contract, statute, or the common fund doctrine, punitive damages where warranted, and such further relief as the Court deems just and proper.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action because the Circuit Courts of Alabama are courts of general jurisdiction with original jurisdiction over all civil actions in which the amount in controversy exceeds the jurisdictional minimum of the District Court (currently $20,000) and over actions seeking equitable relief. Ala. Const. art. VI, § 142(b); Ala. Code § 12-11-30.

5. This Court has personal jurisdiction over Defendant because (check all that apply):

☐ Defendant is incorporated, organized, or maintains its principal place of business in the State of Alabama;
☐ Defendant is registered to transact business in Alabama and has a registered agent for service of process in Alabama;
☐ Defendant transacts business within Alabama and the cause of action arises from that activity within the meaning of Ala. R. Civ. P. 4.2(b);
☐ Defendant has had such contacts with the State of Alabama that the maintenance of this action in Alabama does not offend traditional notions of fair play and substantial justice, consistent with the Due Process Clause;
☐ Other: [________________________________].

6. Venue is proper in this County pursuant to Ala. Code § 6-3-2 (individual defendants) and/or Ala. Code § 6-3-7 (corporate defendants) and Ala. R. Civ. P. 82 because (check all that apply):

☐ Defendant is a corporation that does business by agent in this county, and a substantial part of the events or omissions giving rise to the claim occurred in this county (Ala. Code § 6-3-7(a)(1) and (3));
☐ Defendant's principal office in Alabama is located in this county (Ala. Code § 6-3-7(a)(2));
☐ Plaintiff resided in this county at the time of the accrual of the cause of action and Defendant does business by agent in this county (Ala. Code § 6-3-7(a)(4));
☐ A substantial part of the events giving rise to the claim occurred in this county;
☐ Other: [________________________________].

III. PARTIES

A. Plaintiff

7. Plaintiff [________________________________] is a natural person residing in [City], [County] County, Alabama.

8. At all relevant times, Plaintiff [________________________________] [describe Plaintiff's connection: purchased Defendant's product, paid for Defendant's services, was charged the disputed fee, etc.].

B. Defendant

9. Defendant [________________________________] is a [corporation/LLC/partnership] organized under the laws of [State], with its principal place of business at [________________________________]. Defendant is qualified to transact business in Alabama and maintains a registered agent for service of process in Alabama at [________________________________].

10. At all relevant times, Defendant [________________________________] [describe Defendant's business activities and how they affected Alabama consumers / the Class].

IV. FACTUAL ALLEGATIONS

A. Background

11. [________________________________] [describe industry, product, service, or scheme].

12. [________________________________] [describe Defendant's standardized practice or representation].

13. [________________________________] [describe how the practice was uniform across the Class].

B. Defendant's Course of Conduct

14. Beginning on or about [__/__/____], and continuing through the present, Defendant uniformly [________________________________].

15. Defendant's conduct was directed at Alabama [consumers/purchasers] through [________________________________] [marketing channels, form contracts, billing practices, etc.].

16. Defendant's [________________________________] [representations/omissions/charges] were materially [false/misleading/unauthorized] in that [________________________________].

C. Plaintiff's Experience

17. On or about [__/__/____], Plaintiff [________________________________] in [County] County, Alabama.

18. In connection with that transaction, Defendant [________________________________].

19. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual economic damages in the amount of approximately $[________], plus consequential damages, and is entitled to such further relief as alleged below.

D. Common Harm to Class Members

20. Plaintiff and all members of the proposed Class were harmed by Defendant's same standardized conduct in the same manner, differing only in the amount of monetary loss.

21. Defendant's records, including [________________________________] [transaction databases, billing records, customer files], permit identification of Class members and calculation of individual damages on a class-wide basis.

V. CLASS ACTION ALLEGATIONS

22. Plaintiff brings this action on behalf of himself/herself and all others similarly situated pursuant to Ala. R. Civ. P. 23(a) and 23(b)(1), 23(b)(2), and/or 23(b)(3), and consistent with Ala. Code §§ 6-5-640 to 6-5-642.

A. Class Definition

23. The proposed Class is defined as:

All persons in the State of Alabama who [________________________________] during the period from [__/__/____] to the present (the "Class Period").

24. Excluded from the Class are:
    - Defendant, its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns;
    - The judicial officers presiding over this action, members of their judicial staff, and members of their immediate families;
    - All persons who timely and properly exclude themselves from the Class; and
    - [________________________________].

25. Plaintiff reserves the right to modify, amend, or refine the Class definition based on information developed in discovery and on the issues identified by the Court at certification. See Funliner of Alabama, L.L.C. v. Pickard, 873 So. 2d 198 (Ala. 2003) (class definition must be objectively ascertainable).

B. Numerosity — Ala. R. Civ. P. 23(a)(1)

26. The Class is so numerous that joinder of all members is impracticable. Plaintiff alleges on information and belief that the Class consists of at least [________] persons.

27. The identities of Class members can be ascertained through Defendant's books and records.

C. Commonality — Ala. R. Civ. P. 23(a)(2)

28. There are questions of law and fact common to the Class, including without limitation:

a. Whether Defendant engaged in the conduct alleged herein;

b. Whether Defendant's standardized [representations/omissions/charges/practices] were [false, misleading, unauthorized, or unlawful];

c. Whether Defendant's representations and/or omissions were material;

d. Whether Defendant's conduct breached its contractual obligations to Plaintiff and the Class;

e. Whether Defendant's conduct constituted common-law fraud, fraudulent suppression, or fraudulent inducement under Alabama law;

f. Whether Defendant has been unjustly enriched at the expense of Plaintiff and the Class;

g. Whether Plaintiff and the Class are entitled to compensatory, punitive, or other damages;

h. Whether Plaintiff and the Class are entitled to declaratory or injunctive relief;

i. The appropriate measure of damages and the method by which damages may be calculated on a class-wide basis.

D. Typicality — Ala. R. Civ. P. 23(a)(3)

29. Plaintiff's claims are typical of the claims of the Class because Plaintiff and each Class member were injured by the same standardized course of conduct by Defendant. Plaintiff and the Class share the same legal theories, and Plaintiff is not subject to any unique defenses that would distract from the litigation of the class-wide claims. See Funliner of Alabama, L.L.C. v. Pickard, 873 So. 2d 198 (Ala. 2003).

E. Adequacy — Ala. R. Civ. P. 23(a)(4)

30. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff has no interests antagonistic to or in conflict with the Class, and has retained counsel competent and experienced in complex class action litigation, including Alabama class action practice under Ala. Code § 6-5-640 et seq.

F. Maintainable Under Ala. R. Civ. P. 23(b)(3) — Predominance and Superiority

31. Questions of law and fact common to the Class predominate over questions affecting only individual members. The central liability questions turn on Defendant's uniform conduct, not on any individualized inquiry. The form contracts, standardized representations, and uniform billing/charging practices alleged herein make class-wide proof feasible.

32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy because:

a. Class members' individual damages are modest relative to the burden and expense of individual litigation, making individual prosecution economically impractical;

b. Class adjudication will conserve judicial resources and avoid the risk of inconsistent adjudications;

c. Defendant has acted on grounds generally applicable to the Class; and

d. Management of this case as a class action presents no unusual difficulties.

See Compass Bank v. Snow, 823 So. 2d 667 (Ala. 2001) (rigorous-analysis framework for Rule 23 in Alabama); Ala. Code § 6-5-641(e) (each prerequisite must be independently addressed).

G. Maintainable Under Ala. R. Civ. P. 23(b)(1) and 23(b)(2) (Alternative)

33. In the alternative, certification is appropriate under Ala. R. Civ. P. 23(b)(1)(A) because prosecution of separate actions would create a risk of inconsistent or varying adjudications establishing incompatible standards of conduct for Defendant.

34. Certification is appropriate under Ala. R. Civ. P. 23(b)(1)(B) because adjudications with respect to individual Class members would, as a practical matter, be dispositive of the interests of other Class members or substantially impair their ability to protect their interests.

35. Certification is appropriate under Ala. R. Civ. P. 23(b)(2) because Defendant has acted or refused to act on grounds generally applicable to the Class, making final injunctive and corresponding declaratory relief appropriate respecting the Class as a whole.

VI. CLAIMS FOR RELIEF

COUNT I — Breach of Contract

(On Behalf of Plaintiff and the Class) [as applicable]

36. Plaintiff incorporates by reference all preceding paragraphs.

37. Plaintiff and each Class member entered into a contract with Defendant on substantially uniform terms, contained in [form agreement / standard terms and conditions / cardholder agreement / [________________________________]].

38. Defendant materially breached the contract by [________________________________].

39. Plaintiff and the Class performed all obligations under the contract, or any nonperformance was excused.

40. Plaintiff and the Class suffered damages proximately caused by the breach in an amount to be proven at trial.

COUNT II — Breach of the Implied Covenant of Good Faith and Fair Dealing

(On Behalf of Plaintiff and the Class) [as applicable]

41. Plaintiff incorporates by reference all preceding paragraphs.

42. Every contract in Alabama imposes an implied duty of good faith and fair dealing. See Ala. Code § 7-1-304 (UCC contracts); Lloyd Noland Found., Inc. v. HealthSouth Corp., 979 So. 2d 784 (Ala. 2007).

43. Defendant breached this duty by [________________________________].

44. Plaintiff and the Class were damaged thereby in an amount to be proven at trial.

COUNT III — Common Law Fraud / Fraudulent Misrepresentation

(On Behalf of Plaintiff and the Class) [Ala. Code § 6-5-101]

45. Plaintiff incorporates by reference all preceding paragraphs.

46. Defendant made material misrepresentations concerning [________________________________].

47. Defendant knew the representations were false or made them recklessly without regard for their truth.

48. Defendant made the representations with the intent that Plaintiff and the Class would rely on them.

49. Plaintiff and the Class reasonably relied on the representations to their detriment.

50. Plaintiff and the Class suffered damages in an amount to be proven at trial.

COUNT IV — Fraudulent Suppression / Concealment

(On Behalf of Plaintiff and the Class) [Ala. Code § 6-5-102]

51. Plaintiff incorporates by reference all preceding paragraphs.

52. Defendant had a duty to disclose [________________________________] arising from [a confidential relationship / the particular circumstances of the transaction / Defendant's superior knowledge / partial disclosures rendering further disclosure necessary to avoid a misleading impression].

53. Defendant suppressed and concealed material facts that it had a duty to disclose, including [________________________________].

54. Defendant intended that Plaintiff and the Class act on the suppressed facts.

55. Plaintiff and the Class were induced to act, or refrain from acting, in reliance upon the suppression, and were thereby damaged.

COUNT V — Unjust Enrichment / Money Had and Received

(On Behalf of Plaintiff and the Class) (Pleaded in the Alternative)

56. Plaintiff incorporates by reference all preceding paragraphs.

57. Plaintiff and the Class conferred a benefit upon Defendant in the form of [________________________________].

58. Defendant knew of and accepted the benefit under circumstances making its retention without payment inequitable.

59. Plaintiff and the Class are entitled to restitution and disgorgement of all monies Defendant obtained as a result of its conduct. See Mantiply v. Mantiply, 951 So. 2d 638 (Ala. 2006).

COUNT VI — Conversion / Money Had and Received

(On Behalf of Plaintiff and the Class) [as applicable]

60. Plaintiff incorporates by reference all preceding paragraphs.

61. Plaintiff and the Class had a possessory right in specific, identifiable sums of money that Defendant wrongfully [withheld / appropriated / charged].

62. Defendant intentionally exercised dominion over those sums to the exclusion of Plaintiff and the Class.

63. Plaintiff and the Class were damaged thereby.

COUNT VII — Declaratory and Injunctive Relief

(On Behalf of Plaintiff and the Class)

64. Plaintiff incorporates by reference all preceding paragraphs.

65. A justiciable controversy exists concerning the legality of Defendant's conduct. Plaintiff and the Class are entitled to a judicial declaration that Defendant's conduct is unlawful, and to injunctive relief enjoining further unlawful conduct, pursuant to Ala. Code § 6-6-220 et seq. (Declaratory Judgment Act) and Ala. R. Civ. P. 57 and 65.

COUNT VIII — [Individual ADTPA Claim — Plaintiff Only]

(On Behalf of Plaintiff Individually, NOT on Behalf of the Class)

66. Plaintiff incorporates by reference all preceding paragraphs.

67. Plaintiff brings this Count individually under Ala. Code § 8-19-10. Plaintiff acknowledges that Ala. Code § 8-19-10(f) prohibits private class actions under the ADTPA and therefore does NOT seek ADTPA relief on behalf of any class.

68. At least 15 days prior to filing this Complaint, Plaintiff served a written demand for relief on Defendant pursuant to Ala. Code § 8-19-10(e), identifying Plaintiff, reasonably describing the unfair or deceptive act or practice relied upon, and the injury suffered.

69. Defendant committed one or more unlawful acts or practices declared unlawful by Ala. Code § 8-19-5, including [________________________________].

70. Plaintiff is entitled, individually, to actual damages or $100, whichever is greater; up to treble damages in the Court's discretion under § 8-19-10(a)(2); costs and reasonable attorneys' fees under § 8-19-10(a)(3); and injunctive relief.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on behalf of himself/herself and the Class (and individually as to Count VIII), respectfully requests that this Court enter judgment in favor of Plaintiff and the Class and against Defendant as follows:

A. Certifying this action as a class action under Ala. R. Civ. P. 23(a) and 23(b)(1), 23(b)(2), and/or 23(b)(3); appointing Plaintiff as Class Representative; and appointing the undersigned as Class Counsel;

B. Awarding compensatory damages in an amount to be proven at trial;

C. Awarding restitution and disgorgement of all monies Defendant obtained through the unlawful conduct;

D. Awarding punitive damages where warranted under Alabama common law for fraud, fraudulent suppression, or conversion, subject to Ala. Code § 6-11-21;

E. Granting a declaratory judgment that Defendant's conduct violates Alabama law;

F. Granting permanent injunctive relief restraining Defendant from continuing the unlawful conduct;

G. Awarding pre-judgment and post-judgment interest at the maximum rate allowed by law;

H. Awarding reasonable attorneys' fees, expert fees, expenses, and costs pursuant to any applicable contractual fee-shifting provision, statute (including the individual ADTPA claim at Ala. Code § 8-19-10(a)(3)), the common fund doctrine, and any other applicable authority;

I. Awarding individual ADTPA relief to Plaintiff alone on Count VIII pursuant to Ala. Code § 8-19-10; and

J. Granting such other and further relief as the Court deems just and equitable.

VIII. DEMAND FOR JURY TRIAL

Plaintiff, on behalf of himself/herself and the Class, hereby demands a trial by struck jury on all issues so triable, pursuant to Ala. Const. art. I, § 11, Ala. R. Civ. P. 38, and Ala. Code § 12-16-140.

DATED: [__/__/____]

Respectfully submitted,

By: [________________________________]
[Attorney Name] (ASB-[________________________________])
[Firm Name]
[Address]
[City, Alabama ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Counsel for Plaintiff and the Proposed Class

INSTRUCTIONS FOR SERVICE

To the Clerk: Please issue summons and serve the foregoing Complaint upon Defendant pursuant to Ala. R. Civ. P. 4 by:

☐ Certified mail, return receipt requested (Ala. R. Civ. P. 4(i)(2));
☐ Personal service by a process server (Ala. R. Civ. P. 4(c)(1));
☐ Service on Defendant's registered agent at:

[________________________________]
[________________________________]
[________________________________]

ALABAMA-SPECIFIC PRACTICE NOTES

1. ADTPA Class Action Bar — Ala. Code § 8-19-10(f). Alabama is one of a small number of states that affirmatively prohibits private class actions under its consumer-protection statute. The legislature expressly declared the bar a "substantive limitation" so that it would not be displaceable by Erie/Shady Grove-style arguments in federal court. See Lisk v. Lumber One Wood Preserving, LLC, 792 F.3d 1331 (11th Cir. 2015) (analyzing § 8-19-10(f) and holding the federal court was required to apply Alabama's substantive bar when a Rule 23 class was sought; subsequent cases have refined the analysis, but the operative rule for ALABAMA STATE COURT practice is that private ADTPA class actions are unavailable). Class-wide ADTPA enforcement is reserved to the Attorney General under Ala. Code §§ 8-19-8 and 8-19-11. Class relief in Alabama state-court consumer cases therefore depends on common-law fraud, breach of contract, unjust enrichment, conversion, and other claims free of class-action bars.

2. ADTPA Pre-Suit Demand — Ala. Code § 8-19-10(e). If Plaintiff is asserting an individual ADTPA claim, a written demand for relief must be served on Defendant at least 15 days before filing suit, identifying the claimant, the unfair or deceptive practice relied upon, and the injury suffered. A demand is unnecessary if Defendant has no Alabama place of business or assets.

3. Interlocutory Appeal of Class Certification — Ala. Code § 6-5-642. Class certification orders are immediately appealable AS OF RIGHT — not by permission — within 42 days of entry. The appeal automatically stays all trial-court proceedings. Atlanta Cas. Co. v. Russell, 798 So. 2d 664 (Ala. 2001) (first appeal under § 6-5-642). Counsel should be prepared for an immediate Alabama Supreme Court appeal upon a favorable certification ruling, and an automatic stay upon an unfavorable one.

4. Rigorous Analysis and Statutory Findings — Ala. Code § 6-5-641. Section 6-5-641(e) requires the trial court to address each Rule 23 prerequisite "independently in the order" and to "recite the court's findings of fact and conclusions of law as to each prerequisite." Plaintiff bears the burden of proof. Compass Bank v. Snow, 823 So. 2d 667 (Ala. 2001). Counsel should structure the certification motion and proposed order to make explicit Rule 23(a) and 23(b) findings.

5. Ascertainability and Class Definition. Funliner of Alabama, L.L.C. v. Pickard, 873 So. 2d 198 (Ala. 2003) reversed certification where the class definition lacked objective, ascertainable criteria and where the named plaintiff was atypical. Class definitions should be drafted in objectively verifiable terms keyed to Defendant's records.

6. Punitive Damages Cap. Ala. Code § 6-11-21 imposes statutory caps on punitive damages awards. Counsel should account for the cap in case valuation and settlement analysis.

7. Venue. Ala. Code § 6-3-7 (corporations) and § 6-3-2 (individuals) govern venue. For corporate defendants, the most commonly used bases are (a)(1) (where the cause of action arose) and (a)(2) (where the corporation's principal Alabama office is located). For statewide class actions, plaintiff's counsel should plead multiple bases and document each.

8. Service. Ala. R. Civ. P. 4 permits service by certified mail, personal service, or service on a corporate defendant's registered agent (which is listed in the Alabama Secretary of State's business filings database).

VERIFICATION (OPTIONAL — required only where specifically authorized by statute or rule)

I, [________________________________], am the Plaintiff in the above-styled action. I have read the foregoing Class Action Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated upon information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of Alabama that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], Alabama.

[________________________________]
Plaintiff Signature

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing CLASS ACTION COMPLAINT was filed and served via:

☐ AlaFile electronic filing system
☐ Certified U.S. Mail, return receipt requested
☐ Personal service
☐ Hand delivery
☐ Email (where consented to under Ala. R. Civ. P. 5(b)(2)(E))

upon all parties of record and/or upon the following:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
Signature

SOURCES AND REFERENCES

• Ala. R. Civ. P. 23 (Class Actions): https://judicial.alabama.gov/Rules
• Ala. Code § 6-5-640 et seq. (Class Action Procedure): https://alison.legislature.state.al.us/code-of-alabama
• Ala. Code § 6-5-641 (Class certification; rigorous analysis): https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-641/
• Ala. Code § 6-5-642 (Interlocutory appeal of certification order): https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-642/
• Ala. Code § 8-19-10 (ADTPA private right of action and class-action bar): https://law.justia.com/codes/alabama/title-8/chapter-19/section-8-19-10/
• Compass Bank v. Snow, 823 So. 2d 667 (Ala. 2001)
• Funliner of Alabama, L.L.C. v. Pickard, 873 So. 2d 198 (Ala. 2003)
• Atlanta Cas. Co. v. Russell, 798 So. 2d 664 (Ala. 2001)
• Ex parte Caremark Rx, LLC, 229 So. 3d 751 (Ala. 2017)
• Lisk v. Lumber One Wood Preserving, LLC, 792 F.3d 1331 (11th Cir. 2015) (applying Alabama law)

This template is for informational purposes only and does not constitute legal advice. Alabama class action complaints require specialized expertise and should be prepared with the assistance of experienced Alabama class action counsel familiar with Ala. Code § 6-5-640 et seq. and the ADTPA's class-action bar.