Title 6, Commerce and Trade

§ 2436A. Violation of unfair or deceptive practices statute. If an act or practice of a provider violates both this chapter and Chapter 25 of this title, an individual may not recover under both for the same act or practice.75 Del. Laws, c. 430, § 1;

§ 2437A. Statute of limitations. (a) An action or proceeding brought pursuant to § 2433A(a), (b), or (c) of this title must be commenced within 4 years after the conduct that is the basis of the Attorney General’s complaint. (b) An action brought pursuant to § 2435A of this title…

§ 2438A. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.75 Del. Laws, c. 430, § 1;

§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101(c) of that…

§ 2501. Falsely advertising goods as property of an insolvent or as damaged. No person engaged in the sale of any goods, wares or merchandise within the State shall publicly and falsely, and with intent to deceive the general buying public, advertise or otherwise represent that t…

§ 2501A. Purpose; short title. The purpose of this chapter shall be to set standards of conduct for organized commercial telemarketing in or into the State and to protect consumers from unfair, deceptive or abusive practices by telemarketers and companies using established telema…

§ 2501B. Short title. This chapter may be cited as the “Delaware Residential Water Treatment System Sales Act.”73 Del. Laws, c. 420, § 1;

§ 2501C. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Child” shall be defined as an individual less than 12 years of age. (2) “Consumer” shall have the meaning as set forth in the Consumer Product Safety Act, 15 U.S.C. §§ 2051 — 2085. (3) “Per…

§ 2501D. Purpose; short title. The provisions of this chapter are intended to be supplemental to any rights that persons called to military service have under any applicable federal statutes, including the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., and under a…

§ 2501E. Short title. This chapter may be cited as the “Delaware Federal Employees Civil Relief Act.”82 Del. Laws, c. 2, § 1;

§ 2501F. Definitions. For purposes of this chapter: (1) “Carrier” means any entity that provides health insurance in this State. “Carrier” includes an insurance company, health service corporation, health maintenance organization, and any other entity providing a plan of health i…

§ 2501G. Definitions. For purposes of this chapter: (1) “Children’s product” means product designed for residential use by infants and children under 12 years old. “Children’s product” includes a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer,…

§ 2501H. Purpose. It is the policy of this State to promote equal consumer access to goods or services at retail stores and to prevent discrimination against lower-income and immigrant consumers based on limited access to credit or banking services. Retail stores that do not acce…

§ 2501I. Sealed container defense in product liability. (a) In this section, the following words have the meanings indicated: (1) a. “Manufacturer” means a designer, assembler, fabricator, constructor, compounder, producer or processor of any product or its component parts. b. “M…

§ 2501J. Purpose. This chapter is known as the “Medical Debt Protection Act.” This chapter acknowledges that medical debt may be burdensome to individuals regardless of their socioeconomic status and that medical debts may be unexpected. It is the intent of the General Assembly t…

§ 2501K. Definitions [For application of this section, see 84 Del. Laws, c. 328, § 2]. For the purposes of this chapter: (1) “Assisted living facility” means as defined in § 1102 of Title 16. (2) “Authorized representative” means an individual legally authorized to make decisions…

§ 2501L. Notice; gift card fraud. (a) As used in this section, “gift card” means a tangible electronic payment device that: (1) Is issued in a specific amount. (2) May or may not be increased in value or reloaded. (3) Is purchased and/or loaded on a prepaid basis for the future p…

§ 2501M. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. As used in this chapter: (1) “Client” means an individual who is inquiring about or seeking services at a limited services medical facility. (2) “Licensed medical provider” means a physician, …

§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner. No person shall engage in the sale of any goods, wares or merchandise, within the corporate limits of the City of Wilmington, which have been brought to that city or consigned to any …

§ 2502A. Definitions. As used in this chapter, unless the context requires otherwise: (1) “Advertisement” shall have the same meaning as defined in § 2511 of this title. (2) “Customer” means a person who is or may be required to pay for merchandise offered through telemarketing b…

§ 2502B. Purpose. The purpose of this chapter is to safeguard the public against deceit and misrepresentation and to ensure, foster and encourage truthful practices and disclosure in the door-to-door sale of residential water treatment systems.73 Del. Laws, c. 420, § 1;

§ 2502C. Prohibited conduct. (a) A person shall not knowingly sell, offer for sale, or transfer a toy in the State that contains a toxic substance or that is otherwise unsafe to a child. (b) A person shall not knowingly fail to remove for sale or transfer any toy that has been id…

§ 2502D. Definitions. For purposes of this chapter: (1) “Court” means any court or administrative agency of the State, or a subdivision thereof, whether or not a court or administrative agency of record. (2) “Judgment” means any judgment, decree, order, or ruling, final or tempor…

§ 2502E. Purpose. The purpose of this chapter is to provide for the temporary suspension of judicial and administrative proceedings in Delaware that may adversely affect the civil rights of federal workers during a shutdown. The provisions of this chapter are intended to be suppl…

§ 2502F. Patient brokering prohibited. (a) A person may not engage in patient brokering. (b) A person engages in patient brokering by doing any of the following: (1) Offering or paying a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in…

§ 2502G. Flame retardant prohibitions. A person may not manufacture, sell, offer to sell, or distribute any of the following products if the product contains or has a constituent component that contains more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture t…

§ 2502H. Definitions. For purposes of this chapter: (1) “Cash” means currency of the United States. (2) “Company” means the entity that owns or operates a retail store. (3) “Consumer” means an individual who purchases consumer goods or services. (4) “Consumer goods and services” …

§ 2502J. Definitions. For purposes of this chapter: (1) “Consumer” means an individual and excludes nonhuman entities. (2) “Consumer reporting agency” means any person, which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in t…

§ 2502K. Mandatory disclosure of information related to dementia care services [For application of this section, see 84 Del. Laws, c. 328, § 2]. (a) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services mus…

§ 2502M. Requirements for a limited services medical facility; notice. (a) A limited services medical facility shall disseminate to a client onsite, and in print or digital advertising materials including Internet websites, the following notice: “This facility is not licensed as …

§ 2503. Penalties; presumption of intent to deceive. Whoever violates § 2501 or § 2502 of this title shall be fined $100. Upon the trial of any person for such violation, the intent to deceive the general buying public shall be presumed where proof is made of a public and false a…

§ 2503A. Registration of sellers, telemarketers and telemarketing businesses. (a) Unless exempted under this section or § 2505A of this title, no person shall transact any business with any customer who is located in the State through telemarketing as a seller or a telemarketing …

§ 2503B. Definitions. (a) “Aesthetic test” shall mean, but not be limited to, a test of a water sample to determine 1 or more of the following: (1) pH (Acidity/Alkalinity); (2) Hardness (calcium and/or magnesium content); (3) Iron content; (4) Total dissolved solids; (5) Sulphur …

§ 2503C. Criteria. A toy will be deemed unsafe if it meets 1 or more of the following criteria: (1) The toy does not conform to federal laws and regulations setting forth standards for the toy; (2) The toy has been recalled by a state or federal agency, the toy’s manufacturer, di…

§ 2503D. Protection of servicemembers against default judgments. (a) Applicability of section. — This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance. (b) Affidavit requirement. — (1) Pl…

§ 2503E. Definitions. For purposes of this chapter: (1) “Contractor” means a party to a federal government contract other than the federal government. (2) “Court” means any court or administrative agency of the State, or a subdivision thereof, whether or not a court or administra…

§ 2503F. Application. This section does not apply to any of the following: (1) a. Any discount, payment, remuneration, waiver of payment, or payment practice not prohibited by § 1128B of the Social Security Act, 42 U.S.C. § 1320a-7b, and its implementing regulations, 42 C.F.R § 1…

§ 2503G. Organohalogen prohibitions. A person may not manufacture, sell, offer to sell, or distribute a mattress that contains, or has a constituent component that contains, more than 0.1% of an organohalogen or more than 0.1% of a mixture that includes 1 or more organohalogens.8…

§ 2503H. Protecting consumers who pay with cash. (a) It shall be an unlawful practice for a retail store to refuse to accept cash from any consumer as payment for consumer goods or services. (b) No retail store shall discriminate against a consumer paying with cash by treating th…

§ 2503J. Requirement to provide information on medical assistance. (a) All large health-care facilities must provide uninsured patients with a written notice containing information regarding eligibility and the application process for medical assistance at the time of service. (b…

§ 2503K. Remedy [For application of this section, see 84 Del. Laws, c. 328, § 2]. (a) A violation of this chapter is an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title. (b) Any resident, individual applying for dementia ca…

§ 2503M. Enforcement. A violation of this chapter is an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.84 Del. Laws, c. 435, § 1;

§ 2504. Price discrimination; penalty. Whoever, doing business in this State and engaged in the production, manufacture or distribution of any commodity in general use, intentionally, for the purpose of destroying the competition of any regular, established dealer in such commodi…

§ 2504A. Record-keeping requirements. (a) Any seller or telemarketing business shall preserve its individual records for a period of 24 months from the date the records are produced. A record, to the extent the seller or telemarketing business, or both, created it in the ordinary…

§ 2504B. Unlawful practices. Section 2513(b)(2) of this title notwithstanding, in connection with any door-to-door sale of a residential water treatment system, it is an unlawful practice within the meaning of § 2513 of this title for any seller to: (1) Fail to display on the per…

§ 2504C. Penalties. (a) Except as otherwise provided in § 2502C of this title, a person who violates this chapter is subject to the following: (1) If the person is not an individual consumer, a civil fine of not more than $100 per incident not to exceed $5,000 total. (2) If the p…