What actually applies: the recording and interception statute
This is the statute that most often reaches a website. Session recording, chat transcripts, form-field capture and analytics that replay a visit have all been argued as interception of a communication.
- Citation
Ala. Code § 13A-11-31- Consent regime
- One-party consent
- Private lawsuits
- No private right of action created by the statute.
- Damages named
- No figure named in the statute
- Observed filing volume
- Low
No express civil cause of action; common-law tort claims only.
The law that is coming
Alabama consumer data privacy act (HB 351)
- Takes effect
- May 1, 2027
- Applies to
- 35,000 consumers, or 25,000 consumers plus 25% of revenue from data sales
- Maximum penalty
- Up to $15,000 per violation
Your state is not the only one that applies
Wiretap exposure follows the visitor, not the practice. A Alabama practice whose website is read by someone sitting in an all-party-consent state can be answering to that state's statute, not this one. Twenty states also have a comprehensive consumer privacy law in effect, and those reach your visitors from Alabama wherever your servers are.
Start with California, Colorado, Connecticut, Delaware, Florida, Indiana, or see the full list of jurisdictions.
The federal floor
HIPAA applies to a covered entity in every state. Civil money penalties were last adjusted January 28, 2026; the highest tier reaches $2,190,294 per violation with an annual cap of $2,190,294 for the same requirement.
Neighbouring states
Florida · Georgia · Mississippi · Tennessee
Sources
- Reporters Committee for Freedom of the Press — Reporter's Recording Guide, civil suits: https://www.rcfp.org/reporters-recording-sections/civil-suits/
- DarrowEverett — Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk (2026): https://darroweverett.com/pixel-litigation-trends-by-state-compliance-legal-analysis/
- Davis+Gilbert — New State Privacy Laws: Alabama, Louisiana, Oklahoma, and Vermont Join the Party (2026): https://www.dglaw.com/new-state-privacy-laws-alabama-louisiana-oklahoma-and-vermont-join-the-party/
Figures last reviewed July 25, 2026.