Title 6, Commerce and Trade

§ 2504H. Enforcement and penalties. (a) A violation of this section shall be an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title. (b) The Division of Consumer Protection is authorized to interpret, implement, and enforce th…

§ 2504J. Interest and payment plans. (a) Large health-care facilities and medical debt collectors may not charge any interest or late fees to patients. (b) Large health-care facilities and medical debt collectors must offer to any patient with outstanding debt totaling $500 or mo…

§ 2505. Delivery of unsolicited merchandise. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or such person may deem it to be a gift and use it or dispose of it in any manner w…

§ 2505A. Exempt practices. This chapter shall not apply to the following business practices by a seller, telemarketer or a telemarketing business except as otherwise provided in this section: (1) Solicitations in which the sale of merchandise is not completed and payment or autho…

§ 2505B. In-home testing. (a) A seller may perform an in-home aesthetic test and furnish to the buyer a document that conspicuously discloses the test results and that the aesthetic test is related to matters of personal taste and is not related to health. All health-related test…

§ 2505C. The Department of Health and Social Services. The Delaware Department of Health and Social Services (“DHSS”) shall provide and maintain a list of all unsafe toys and toys containing a toxic substance or a link to the www.recalls.gov website. This list shall be updated no…

§ 2505D. Fines and penalties under contracts. (a) Prohibition of penalties. — When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the st…

§ 2505E. Anticipatory relief. (a) A federal worker who is furloughed or required to work without pay during a shutdown may apply to a court for a temporary stay, postponement, or suspension regarding any payment of rent, mortgage, tax, fine, penalty, insurance premium, judgment, …

§ 2505F. Penalties. (a) A person who violates this chapter is subject to a civil penalty, in addition to all costs, of not more than $10,000 per violation. (b) If the violation is against an elder person or person with a disability, a person who violates this chapter is subject t…

§ 2505G. Enforcement. A violation of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.83 Del. Laws, c. 398, § 1;

§ 2505H. Construction, severability, and reformation of this chapter. This chapter shall be liberally construed to effectuate its purpose. If a court declares any provision or application of this chapter to be illegal, the remaining provisions shall remain in effect. Courts are h…

§ 2505J. Billing and collections rules; limits on creditors [Effective until fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) The following extraordinary collections actions may not be used by any medical creditor or medical debt collector to collect debts owed fo…

§ 2506. Limitation of actions. Notwithstanding any other statute to the contrary, no action at law by the Attorney General brought under this chapter shall be initiated after the expiration of 5 years from the time the cause of action accrued; however, §§ 8117 and 8118 of Title 1…

§ 2506A. Disclosure and contract requirements. (a) A telemarketer shall provide all of the following information when contacting a consumer: (1) At the beginning of the call and prior to any sales pitch, the telemarketer shall disclose to the customer: a. That the purpose of the …

§ 2506B. Enforcement and remedies. (a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) If a court…

§ 2506D. Stay or vacation of execution of judgments, attachments, and garnishments. (a) Court action upon material affect determination. — If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or o…

§ 2506E. Duration and term of stays; codefendants not a federal employee. (a) Period of stay. — A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the covered period and 90 days thereafter, or fo…

§ 2506F. Remedies and penalties not exclusive. The remedies and penalties under this chapter are not exclusive and are in addition to any other procedures, rights, or remedies which exist with respect to any other provisions of law including subchapter II and subchapter III of Ch…

§ 2506J. Liability for medical debt. (a) Parents are jointly liable for any medical debts incurred by children under the age of 18. (b) No spouse or other person may be liable for the medical debt or nursing home debt of any other person age 18 or older. A spouse may voluntarily …

§ 2507. Advertising of tobacco products on or in school properties prohibited. (a) No person, firm, corporation, partnership or other organization shall advertise or cause to be advertised any tobacco products within 200 feet of any public or private school, excluding institution…

§ 2507A. Prohibited acts and practices. (a) It is a prohibited telemarketing act or practice and a violation of this chapter and § 2513 of this title for any person to: (1) Obtain or submit for payment a check, draft or other form of negotiable paper drawn on a person’s checking,…

§ 2507D. Duration and term of stays; codefendants not in service. (a) Period of stay. — A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, o…

§ 2507E. Evictions. (a) During a covered period, a landlord may only evict a federal worker for nonpayment from premises that are occupied or intended to be occupied primarily as a residence with an order of a court. (b) A court may stay eviction proceedings against a federal wor…

§ 2507J. Medical debt and consumer reporting agencies. (a) No person may report any medical debt to a consumer reporting agency. (b) A consumer reporting agency is prohibited from making a consumer report that the consumer reporting agency knows or should know contains informatio…

§ 2508. Sale of fur-containing apparel; requirements. (a) No merchant shall sell, offer or display for sale any coat, jacket, garment, or other wearing apparel made wholly or partially of animal fur, regardless of the price of the wearing apparel or the amount or value of the fur…

§ 2508A. Customers’ remedies. (a) The sale of any merchandise by an unregistered, nonexempt seller or an unregistered, nonexempt telemarketing business shall be voidable. (b) Any customer who suffers a loss or harm as a result of a violation or prohibited act or practice under th…

§ 2508D. Statute of limitations. To the extent that it is allowable by federal law, the period of a servicemember’s military service shall not be included in computing any period limited by law, regulation, or order for the bringing of an action or proceeding in any court, or in …

§ 2508E. Insurance protection. Without an order of a court, a covered insurance policy shall not lapse, terminate or be forfeited because a federal worker does not pay a premium or interest or indebtedness on a premium under the policy that is due during a covered period.82 Del. …

§ 2508J. Prohibition against collection of medical debt during health insurance appeals [Effective until fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) No medical creditor or medical debt collector that knows or should know about an internal review, external rev…

§ 2509. Products for young children; prohibition of bisphenol-A. (a) No manufacturer may sell or offer for sale in this State a children’s product that contains bisphenol-A. (b) After July 1, 2012, no merchant may, knowingly sell or offer for sale in this State a children’s produ…

§ 2509A. Enforcement. All enforcement actions under this chapter by the Attorney General shall be undertaken in accordance with Chapter 25 of Title 29.72 Del. Laws, c. 262, § 1;

§ 2509D. Maximum rate of interest on debts incurred before military service. (a) Interest rate limitation. — (1) Limitation to 6 percent. — An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemem…

§ 2509E. Maximum rate of interest on debts incurred before the shutdown 82 Del. Laws, c. 2, § 1; expired by operation of 82 Del. Laws, c. 78, § 9, eff. July 1, 2019;

§ 2509J. Interest on medical debt. (a) Patients may not be charged interest or late fees on medical debt, regardless of any agreements to the contrary. (b) Subsection (a) of this section also applies to any judgments resulting from medical debt, regardless of any agreements to th…

§ 2510. Deceptive foreclosure practices. (a) No person shall make, use, or cause to be made or used a deceptive or fraudulent record, document, or statement in support of any foreclosure upon real property, including, without limitation, statements about the offering of a loan mo…

§ 2510A. Certificate of registration — Issuance, denial, renewal, or revocation. (a) Upon receipt of the completed application for a certificate of registration or renewal, security requirement, and fee, and unless such certificate of registration or renewal has been denied as pr…

§ 2510D. Anticipatory relief. (a) Application for relief. — A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief: (1) From any obligation or liability incurred by the servicemember before t…

§ 2510E. Enforcement. (a) The Attorney General shall have the same authority to enforce and carry out this chapter as is granted by Chapter 25 of Title 29 and by §§ 2511 to 2527 and 2531 to 2536 of this title. (b) If a court or tribunal of competent jurisdiction finds that any pe…

§ 2510J. Accessibility. A large health-care facility must provide a contact number with which a patient may request oral interpretation services, at no cost to the patient, for any information or document that is provided to the patient under this chapter.84 Del. Laws, c. 198, § …

§ 2511. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or acquire any title…

§ 2511D. Certificates; reliance on certificates; persons reported missing. (a) Prima facie evidence. — In any proceeding under this chapter (§§ 2501D-2513D of this title), a certificate obtained pursuant to 50 U.S.C. Appx. § 582 is prima facie evidence as to any of the following …

§ 2511J. Remedies [Effective until fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) In addition to any remedies a consumer may have at law or in equity, any violation of this chapter is an unlawful practice under § 2513 of this title and a violation of subchapter …

§ 2512. Purpose; construction. The purpose of this subchapter shall be to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State. It is the intent of the Ge…

§ 2512D. Implementing regulations. The Governor, or the Governor’s designee, shall implement regulations establishing a process of notification that Delaware National Guard members are called to state duty status pursuant to § 171 of Title 20 and accordingly covered under this ch…

§ 2513. Unlawful practice. (a) The act, use, or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealmen…

§ 2513D. Enforcement. (a) The Attorney General shall have the same authority to enforce and carry out this Chapter 25D as is granted by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) If a court or tribunal of competent jurisdiction finds that any pers…