Delaware Telemarketing Fraud Act, Certificate of Registration (6 Del.C. § 2510A)

Establishes registration requirements for telemarketers, including eligibility standards, enforcement authority, and consumer remedies for violations.

Status: Passed State: Delaware Tags: Telecommunications

About the Legislation:

The Director of the Consumer Protection Unit of the Department of Justice must issue and deliver to the applicant (unless denied) a certificate of registration or renewal to act as a registered telemarketer for a period of 1 year from the effective date of registration upon receipt of a completed application, security requirement, and fee. However, the Director may deny an application or revoke a certificate if a registrant or its principal (1) has made a material false statement or omitted a material fact in connection with an application; (2) was the former holder of a certificate of registration issued which the Director revoked, suspended, or refused to renew; (3) has failed to furnish satisfactory evidence of good character, reputation, and fitness; (4) with respect to the registrant, is not the true owner of the telemarketing business, except in the case of a franchise; (5) is in violation of certain statutes or regulations; (6) has been convicted of or pled guilty to or is being prosecuted in any jurisdiction for racketeering, violation of state or federal securities laws, theft, fraud, forgery, or any other offense involving falsehood or deception; (7) has been subject to any pending or final cease and desist order, assurance of discontinuance, injunction, restraining order, or judgment under this chapter or Chapter 25 of this title or in any other civil or administrative action in any other jurisdiction involving telemarketing, consumer or securities fraud, deceptive trade practices, racketeering, or any other civil enforcement statute involving fraud or deception; (8) has had a license or registration to engage in any business, occupation, or profession suspended or revoked in any jurisdiction which may impact upon the registrant’s fitness for registration; or (9) has committed or is committing deceptive, unfair, illegal, or unconscionable trade practices in violation of the laws of any state or the United States. Before the Director denies an application or revokes a certificate, the Director must give appropriate prior notice, provide an opportunity for a hearing, and provide written findings of fact and conclusions of law.

Private Right of Action: Yes (via 6 Del.C. § 2508A).
Damages/Enforcement: Any customer who suffers a loss or harm as a result of a violation or prohibited act or practice may recover actual and punitive damages, attorney’s fees, court costs and any other remedies provided by law, including equitable relief.

Read the Legislation

State Association Contact

Josephine Bahn, Member

Aaron Krauss, Member

Any updates or new legislation should be sent to fraud@aba.com.

Delaware Telemarketing Fraud Act, Certificate of Registration (6 Del.C. § 2510A)

About the Legislation:

State Association Contact

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