Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 2503H. Protecting consumers who pay with cash.
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§ 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…
6 Del. C. § 2503J. Requirement to provide information on medical assistance.
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§ 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…
6 Del. C. § 2503K. Remedy [For application of this section, see 84 Del. Laws, c. 328, § 2].
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§ 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…
6 Del. C. § 2503M. Enforcement.
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§ 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;
6 Del. C. § 2504A. Record-keeping requirements.
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§ 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…
6 Del. C. § 2504B. Unlawful practices.
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§ 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…
6 Del. C. § 2504C. Penalties.
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§ 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…
6 Del. C. § 2504D. Stay of proceedings when servicemember has notice.
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§ 2504D. Stay of proceedings when servicemember has notice. (a) Applicability of section. — This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section:…
6 Del. C. § 2504E. Applicability.
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§ 2504E. Applicability. This chapter applies to any judicial or administrative proceeding commenced in a court in this State against a federal worker during a covered period. This chapter does not apply to criminal proceedings or to child support payments.82 Del. Laws, c. 2, § 1;
6 Del. C. § 2504F. Enforcement.
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§ 2504F. Enforcement. (a) The Attorney General has the same authority to enforce and carry out this chapter as under Chapter 25 of Title 29 and by §§ 2511 through 2527 and §§ 2531 through 2536 of this title. (b) A violation of this chapter shall be deemed an unlawful practice und…
6 Del. C. § 2504G. Exemptions.
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§ 2504G. Exemptions. (a) Sections 2502G and 2503G of this title do not apply to any of the following: (1) Used upholstered furniture. (2) Used mattresses. (3) Upholstered and reupholstered furniture purchased for public use in public facilities. (4) Thread or fiber when used for …
6 Del. C. § 2504H. Enforcement and penalties.
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§ 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…
6 Del. C. § 2504J. Interest and payment plans.
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§ 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…
6 Del. C. § 2505A. Exempt practices.
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§ 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…
6 Del. C. § 2505B. In-home testing.
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§ 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…
6 Del. C. § 2505C. The Department of Health and Social Services.
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§ 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…
6 Del. C. § 2505D. Fines and penalties under contracts.
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§ 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…
6 Del. C. § 2505E. Anticipatory relief.
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§ 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, …
6 Del. C. § 2505F. Penalties.
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§ 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…
6 Del. C. § 2505G. Enforcement.
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§ 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;
6 Del. C. § 2505H. Construction, severability, and reformation of this chapter.
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§ 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…
6 Del. C. § 2505J. Billing and collections rules; limits on creditors.
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§ 2505J. Billing and collections rules; limits on creditors. (a) The following extraordinary collections actions may not be used by any medical creditor or medical debt collector to collect debts owed for health-care services: (1) Causing an individual’s arrest. (2) Causing an in…
6 Del. C. § 2506A. Disclosure and contract requirements.
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§ 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 …
6 Del. C. § 2506B. Enforcement and remedies.
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§ 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…
6 Del. C. § 2506D. Stay or vacation of execution of judgments, attachments, and garnishments.
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§ 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…
6 Del. C. § 2506E. Duration and term of stays; codefendants not a federal employee.
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§ 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…
6 Del. C. § 2506F. Remedies and penalties not exclusive.
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§ 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…
6 Del. C. § 2506J. Liability for medical debt.
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§ 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 …
6 Del. C. § 2507A. Prohibited acts and practices.
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§ 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,…
6 Del. C. § 2507D. Duration and term of stays; codefendants not in service.
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§ 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…
6 Del. C. § 2507E. Evictions.
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§ 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…
6 Del. C. § 2507J. Medical debt and consumer reporting agencies.
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§ 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…
6 Del. C. § 2508A. Customers’ remedies.
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§ 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…
6 Del. C. § 2508D. Statute of limitations.
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§ 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 …
6 Del. C. § 2508E. Insurance protection.
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§ 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. …
6 Del. C. § 2508J. Prohibition against collection of medical debt during health insurance appeals.
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§ 2508J. Prohibition against collection of medical debt during health insurance appeals. (a) No medical creditor or medical debt collector that knows or should know about an internal review, external review, or other appeal of a health insurance decision that is pending or was pe…
6 Del. C. § 2509A. Enforcement.
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§ 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;
6 Del. C. § 2509D. Maximum rate of interest on debts incurred before military service.
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§ 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…
6 Del. C. § 2509E. Maximum rate of interest on debts incurred before the shutdown
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§ 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;
6 Del. C. § 2509J. Interest on medical debt.
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§ 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…
6 Del. C. § 2510A. Certificate of registration — Issuance, denial, renewal, or revocation.
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§ 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…
6 Del. C. § 2510D. Anticipatory relief.
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§ 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…
6 Del. C. § 2510E. Enforcement.
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§ 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…
6 Del. C. § 2510J. Accessibility.
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§ 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, § …
6 Del. C. § 2511D. Certificates; reliance on certificates; persons reported missing.
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§ 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 …
6 Del. C. § 2511J. Remedies.
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§ 2511J. Remedies. (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 II of Chapter 25 of this title. (b) Any consumer may sue for injunctive or ot…
6 Del. C. § 2512D. Implementing regulations.
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§ 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…
6 Del. C. § 2513D. Enforcement.
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§ 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…
6 Del. C. § 2601. Sale at less than cost.
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§ 2601. Sale at less than cost. No wholesaler, with intent to injure a competitor or competitors, or with intent to destroy or substantially lessen competition, shall sell at wholesale cigarettes at less than the cost to the wholesaler, either directly or indirectly by any means …
6 Del. C. § 2602. Definitions.
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§ 2602. Definitions. For the purposes of this chapter the following definitions shall apply: (1) “Basic cost of cigarettes” means the invoice cost of cigarettes to the wholesaler, or the replacement cost of cigarettes to the wholesaler (i.e., the cost for which cigarettes could h…