2017 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 24A. DEBT-MANAGEMENT SERVICES
§ 2437A. Statute of limitations.

Universal Citation: 6 DE Code § 2437A (2017)

(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 must be commenced within 3 years after the latest of:

(1) The individual's last transmission of money to a provider;

(2) The individual's last transmission of money to a creditor at the direction of the provider;

(3) The provider's last disbursement to a creditor of the individual;

(4) The provider's last accounting to the individual pursuant to § 2427A(a) of this title;

(5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or

(6) Termination of actions or proceedings by the Attorney General with respect to a violation of the chapter.

(c) The period prescribed in paragraph (b)(5) of this section is tolled during any period during which the provider or, if different, the defendant has materially and wilfully misrepresented information required by this chapter to be disclosed to the individual if the information so misrepresented is material to the establishment of the liability of the defendant under this chapter.

75 Del. Laws, c. 430, § 1.;

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