2014 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 49A. AUTO REPAIR FRAUD PREVENTION
§ 4909A. Enforcement and remedies

(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this chapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.

(b) Any violation of § 4903A of this title shall be deemed an unlawful practice in violation of § 2513 of this title.

(c) Transactions where an automotive repair facility has violated the requirements of §§ 4903A, 4904A, 4905A, 4906A and/or 4907A of this title shall be voidable by the consumer in actions brought in the Justice of Peace Courts. In successful actions brought by consumers under this subsection, the automotive repair facility shall be liable to the customer for twice the amount of any consideration obtained in violation of this chapter and the costs of the action; provided however, that the customer must first allow the auto repair facility the opportunity to resolve the dispute prior to filing an action under this subsection; and the Court may further award a customer reasonable attorneys' fees.

Nothing in this subsection shall prohibit a person from otherwise seeking a recovery in an action for damages against an automotive repair facility in a court of competent jurisdiction.

(d) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, state and/or federal criminal prosecutions and/or common law or statutory actions brought by private parties.

70 Del. Laws, c. 428, § 2; 77 Del. Laws, c. 282, § 13.;