Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 2421A. Required language.
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§ 2421A. Required language. Unless the Attorney General, by rule, provides otherwise, the disclosures and documents required by this chapter must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a t…
6 Del. C. § 2422A. Trust account.
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§ 2422A. Trust account. (a) All money paid to a provider by or on behalf of an individual pursuant to a plan for distribution to creditors is held in trust. Within 2 business days after receipt, the provider shall deposit the money in a trust account established for the benefit o…
6 Del. C. § 2423A. Fees and other charges.
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§ 2423A. Fees and other charges. (a) A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section. (b) A provider may not impose charges…
6 Del. C. § 2424A. Voluntary contributions.
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§ 2424A. Voluntary contributions. A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after complet…
6 Del. C. § 2425A. Voidable agreements.
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§ 2425A. Voidable agreements. (a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 2423A or § 2424A of this title, the individual may void the agreement and recover as provided in § 2435A of this title. (b) If a provider is not l…
6 Del. C. § 2426A. Termination of agreements.
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§ 2426A. Termination of agreements. (a) If an individual who has entered into an agreement fails for 60 days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider holds money on behalf of a debtor to pay creditors and a provider or …
6 Del. C. § 2427A. Periodic reports and retention of records.
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§ 2427A. Periodic reports and retention of records. (a) A provider shall provide the accounting required by subsection (b) of this section: (1) Upon cancellation or termination of an agreement; and (2) Before cancellation or termination of any agreement: (A) At least once each mo…
6 Del. C. § 2428A. Prohibited acts and practices.
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§ 2428A. Prohibited acts and practices. (a) A provider may not, directly or indirectly: (1) Misappropriate or misapply money held in trust; (2) Settle a debt on behalf of an individual for more than 50 percent of the amount of the debt owed a creditor, unless the individual assen…
6 Del. C. § 2429A. Notice of litigation.
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§ 2429A. Notice of litigation. No later than 30 days after a provider has been served with notice of a civil action for violation of this chapter by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the pr…
6 Del. C. § 2430A. Advertising.
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§ 2430A. Advertising. A provider that advertises debt-management services shall disclose in an easily comprehensible manner the information specified in § 2417A(d)(3) and (4) of this title.75 Del. Laws, c. 430, § 1;
6 Del. C. § 2431A. Liability for the conduct of other persons.
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§ 2431A. Liability for the conduct of other persons. If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person which, if done by the provider…
6 Del. C. § 2432A. Powers of Attorney General.
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§ 2432A. Powers of Attorney General. (a) The Attorney General may act on the Attorney General’s own initiative or in response to complaints, and may receive complaints, take action to obtain voluntary compliance with this chapter, and seek or provide remedies as provided in this …
6 Del. C. § 2433A. Administrative remedies.
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§ 2433A. Administrative remedies. (a) In addition to any other enforcement method specified in this Code, the Attorney General may enforce this chapter and the rules adopted under this chapter by taking one or more of the following actions: (1) Ordering a provider or a director, …
6 Del. C. § 2434A. Suspension, revocation, or nonrenewal of license.
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§ 2434A. Suspension, revocation, or nonrenewal of license. (a) In this section “insolvent” means: (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute; (2) Being unable to pay debts as they become due; or (3) Bei…
6 Del. C. § 2435A. Private enforcement.
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§ 2435A. Private enforcement. (a) If an individual voids an agreement pursuant to § 2425A(b) of this title, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in a…
6 Del. C. § 2436A. Violation of unfair or deceptive practices statute.
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§ 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;
6 Del. C. § 2437A. Statute of limitations.
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§ 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…
6 Del. C. § 2438A. Uniformity of application and construction.
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§ 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;
6 Del. C. § 2439A. Relation to Electronic Signatures in Global and National Commerce Act.
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§ 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…
6 Del. C. § 2501A. Purpose; short title.
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§ 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…
6 Del. C. § 2501B. Short title.
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§ 2501B. Short title. This chapter may be cited as the “Delaware Residential Water Treatment System Sales Act.”73 Del. Laws, c. 420, § 1;
6 Del. C. § 2501C. Definitions.
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§ 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…
6 Del. C. § 2501D. Purpose; short title.
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§ 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…
6 Del. C. § 2501E. Short title.
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§ 2501E. Short title. This chapter may be cited as the “Delaware Federal Employees Civil Relief Act.”82 Del. Laws, c. 2, § 1;
6 Del. C. § 2501F. Definitions.
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§ 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…
6 Del. C. § 2501G. Definitions.
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§ 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,…
6 Del. C. § 2501H. Purpose.
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§ 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…
6 Del. C. § 2501I. Sealed container defense in product liability.
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§ 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…
6 Del. C. § 2501J. Purpose.
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§ 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…
6 Del. C. § 2501K. Definitions [For application of this section, see 84 Del. Laws, c. 328, § 2].
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§ 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…
6 Del. C. § 2501L. Notice; gift card fraud.
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§ 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…
6 Del. C. § 2501M. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 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, …
6 Del. C. § 2502A. Definitions.
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§ 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…
6 Del. C. § 2502B. Purpose.
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§ 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;
6 Del. C. § 2502C. Prohibited conduct.
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§ 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…
6 Del. C. § 2502D. Definitions.
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§ 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…
6 Del. C. § 2502E. Purpose.
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§ 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…
6 Del. C. § 2502F. Patient brokering prohibited.
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§ 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…
6 Del. C. § 2502G. Flame retardant prohibitions.
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§ 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…
6 Del. C. § 2502H. Definitions.
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§ 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” …
6 Del. C. § 2502J. Definitions.
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§ 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…
6 Del. C. § 2502K. Mandatory disclosure of information related to dementia care services [For application of this section, see 84 Del. Laws, c. 328, § 2].
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§ 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…
6 Del. C. § 2502M. Requirements for a limited services medical facility; notice.
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§ 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 …
6 Del. C. § 2503A. Registration of sellers, telemarketers and telemarketing businesses.
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§ 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 …
6 Del. C. § 2503B. Definitions.
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§ 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 …
6 Del. C. § 2503C. Criteria.
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§ 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…
6 Del. C. § 2503D. Protection of servicemembers against default judgments.
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§ 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…
6 Del. C. § 2503E. Definitions.
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§ 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…
6 Del. C. § 2503F. Application.
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§ 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…
6 Del. C. § 2503G. Organohalogen prohibitions.
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§ 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…