Committed to vigorous and thorough representation of injury victims throughout Alabama while exercising the highest degree of professional, ethical and moral standards.

Fraud and Deceit

Alabama law recognizes several species of fraud. For instance, the misrepresentation of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party constitutes legal fraud. (§ 6-5-101 Ala. Code). The suppression of a material fact which a party is under an obligation to communicate constitutes fraudulent suppression. (§ 6-5-102 Ala. Code). The obligation to communicate the material fact, however, may arise from the relationship of the parties or from the particular circumstances of the case. The willful representation of a material fact made to induce another to act, and upon which he does act to his injury, will give rise to an action for deceit.

To recover in a fraud action in Alabama, the party that has been defrauded must prove that the person committing the fraud knowingly and intentionally made a misrepresentation of a material fact, that the fraud victim reasonably relied upon that misrepresentation to his or her detriment and that the victim of the fraud has been injured or damaged as a result thereby. Thus, the fraud victim’s reliance upon the misrepresentation must have been reasonable under the circumstances. While a party to a transaction is not required to suspect fraud at every turn, he or she cannot close his or her eyes to avoid discovery of the truth. Thus, one cannot “reasonably rely” upon a misrepresentation if that person possesses written information that is sufficient to place him or her on notice of the fact that they have been defrauded. This is true whether you choose to read the written material or not.

Recent changes in Alabama law have greatly limited the ability of a fraud victim to pursue a claim against the wrongdoer. For instance, under the current “reasonable reliance” standard, one cannot rely upon a misrepresentation of another if given written materials that contradict the misrepresentation that is made. Thus, whatever the misrepresentation may be, if the truth is disclosed in tiny print on the back of one page of a 50-page document you may not have the right to rely on the representation made to induce you to act. Another change is the “as is” rule. If a contract says that an item is sold “as is” then there can effectively be no fraud. Thus, a used car salesman can look you straight in the eye and tell you that the vehicle you are about to purchase has never been damaged and repaired with actual knowledge that this is false so long as the term “as is” appears somewhere in the several documents related to the sale of the automobile.

Over the past 17 years I have seen fraud occur in many types of transactions. I have successfully represented clients in fraud litigation against insurance companies, insurance agents, car dealerships, real estate companies and even a funeral home.

Many people that have been defrauded believe that they can’t afford to fight for what is right because the other side will have deep pockets and can quickly outspend them. But, you don’t need a large bank account. Just an experienced attorney in your corner to fight for you. In most cases we can represent you on a “contingency” basis, which means you’ll only pay a legal fee if we make a recovery for you. If we don’t get results in your favor (through a cash settlement or a jury verdict) you don’t owe us a fee for our services.

At John Ronald Spencer, P.C., there is never a charge to meet with you to determine whether you have legal rights that must be protected. The initial consultation is always free. You have nothing to lose if you make the call. But, you may lose all of your legal rights if you do nothing. Call (251) 445-0590 today to schedule an appointment with an experienced trial attorney.