2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 25A. TELEMARKETING REGISTRATION AND FRAUD PREVENTION
§ 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, savings, share or similar account without that person's express verifiable authorization. For this purpose, "express verifiable authorization'' means:

a. A written statement signed by the customer expressly authorizing the payment;

b. The customer's signature on the negotiable instrument;

c. An oral authorization by the customer that is tape-recorded and made available upon request to the customer's bank and that evidences both the customer's authorization of a payment for the specific merchandise sold and the customer's receipt of the following information:

1. The date of the draft;

2. The amount of the draft;

3. The payor's name;

4. The number of draft payments, if more than 1;

5. A telephone number for customer inquiry that is answered during normal business hours; and

6. The date of the customer's oral authorization; or

d. Written confirmation of the transaction sent to the customer prior to submission for payment of the customer's check, draft or other form of negotiable paper that includes all of the information required to be given under any oral tape-recorded authorization described in this section;

e. Any otherwise valid "express verifiable authorization'' shall be deemed invalid if said authorization was induced by fraud, false pretenses, misrepresentation, false promises or failure to disclose material information;

(2) Advertise or represent that registration as a telemarketer equals an endorsement or approval by any government or governmental agency of any state;

(3) Wilfully call or contact any customer by telephone for any purpose connected with or related to the sale or advertising of merchandise for 10 years after having been directed, orally or in writing, by the customer or any person acting on behalf of the customer with said customer's authorization, to cease and desist from said calls or contacts. For purpose of this section, a call or contact is "wilful'' if the person making or initiating the call or contact knows or should know of the customer's instruction to not call or contact;

(4) Assist, support or provide substantial assistance to any seller, telemarketer or telemarketing business when the person knew or should have known that the seller, telemarketer or telemarketing business was engaged in any act or practice in violation of this chapter;

(5) Request or receive payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the customer in a prior telemarketing transaction; or

(6) Use the services of any professional delivery, courier or other pickup service to obtain receipt or possession of a customer's payment, unless the merchandise is delivered with the opportunity to inspect it before any payment is collected.

(b) Nothing in this chapter shall prevent the Attorney General from seeking any other civil remedy or criminal sanction for any violation of this chapter as otherwise provided by law. Any person who violates § 1401 or § 1402 of Title 11 in connection with telemarketing shall, in addition, be guilty of a class F felony.

72 Del. Laws, c. 262, § 1.;

§ 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 this chapter, in addition to any other rights of action allowed by law, may recover actual and punitive damages, attorney's fees, court costs and any other remedies provided by law, including equitable relief.

72 Del. Laws, c. 262, § 1.;

§ 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.;