SB256 - An Act To Amend Titles 6 And 29 Of The Delaware Code Relating To Consumer Protection.

9 Co-Sponsors

This Act clarifies the Attorney Generals existing authority to enforce the States consumer protection laws, specifically the Attorney Generals ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a persons violation of a law or regulation enforced by the Department of Justices Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protections enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states.