reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter V. Security for Franchised Distributors › § 2552. Unjust termination of, or failure to renew, a franchise.

§ 2552. Unjust termination of, or failure to renew, a franchise.
(a) Termination of a franchise by a franchisor shall be deemed to be “unjust,” or to have been made “unjustly,” if such termination is without good cause or in bad faith. Any termination of a franchise which is not unjust shall be deemed to be “just,” or to have been made “justly.”
(b) The failure of a franchisor to renew a franchise shall be deemed to be “unjust,” or to have been made “unjustly,” if such failure to renew is without good cause or in bad faith. Any failure to renew a franchise which is not unjust shall be deemed to be “just,” or to have been made “justly.”
(c) A provision of a franchise which permits a franchisor to terminate that franchise, which provision does not specify the grounds upon which such termination may be made, shall be construed to permit the franchisor to make only a just termination.
(d) A provision of a franchise which permits a franchisor to fail to renew that franchise, which provision does not specify the grounds upon which such failure to renew may be made, shall be construed to permit the franchisor only justly to fail or refuse to renew.
(e) A provision in a franchise permitting a franchisor to make an unjust termination of a franchise is against the public policy of this State and shall not be enforced in the courts of this State.
(f) A provision in a franchise permitting a franchisor unjustly to fail or refuse to renew a franchise is against the public policy of this State and shall not be enforced in the courts of this State.
(g) No franchisor may unjustly terminate a franchise.
(h) No franchisor may unjustly fail or refuse to renew a franchise.
(i) No franchisor may unjustly refuse to deal with a franchised distributor with whom the franchisor has been dealing for at least 2 years.
(j) Notwithstanding any terms of the franchise agreement to the contrary, no franchisor who leases real or personal property to a franchised distributor may charge the franchised distributor a rent or other charge for the use or occupancy of such real or personal property which is unreasonable or excessive in light of the franchisor's interest in such real or personal property, and the purpose to which the real or personal property is being used. The refusal of the franchisor to renew a lease for real or personal property except upon the payment of a rent or other charge which is unreasonable or excessive in light of the use to which the property has been placed by the franchisor and/or the interest of the franchisor in the real or personal property shall be deemed to be an unjust termination of the franchise.
6 Del. C. 1953, §  2552;  57 Del. Laws, c. 693;  62 Del. Laws, c. 352, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter V. Security for Franchised Distributors › § 2554. Franchisee worker classification.

§ 2554. Franchisee worker classification.
Individuals or entities who are parties to a franchise agreement as set out by the Federal Trade Commission shall not be deemed employees for purposes of Chapter 11 of Title 19.
79 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter V. Security for Franchised Distributors › § 2555. Notice required to terminate or elect not to renew a franchise.

§ 2555. Notice required to terminate or elect not to renew a franchise.
Notwithstanding any provision in a franchise agreement which provides otherwise, any termination of a franchise or election not to renew a franchise must be made on at least 90 days' notice.
6 Del. C. 1953, §  2554;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter V. Security for Franchised Distributors › § 2556. Application.

§ 2556. Application.
This law shall apply to franchises in existence on July 8, 1970, and the renewal of such franchises, as well as franchises subsequently executed.
6 Del. C. 1953, §  2555;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter V. Security for Franchised Distributors › § 2557. Short title.

§ 2557. Short title.
This chapter may be cited as the “Delaware Franchise Security Law.”
6 Del. C. 1953, §  2556;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VI. Pyramid or Chain Distribution Schemes › § 2561. Definitions.

§ 2561. Definitions.
As used in this subchapter:
(1) “Person” includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity.
(2) “Pyramid or chain distribution scheme” means a sales device whereby a person, upon a condition that the person part with money, property or any other thing of value, is granted a franchise license, distributorship or other right which person may further perpetuate the pyramid or chain of persons who are granted such franchise, license, distributorship or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions upon the eligibility for such a franchise, license, distributorship or other right recruit or upon the receipt of profits therefrom, does not change the identity of the scheme as a pyramid or chain distribution scheme.
6 Del. C. 1953, §  2561;  59 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VI. Pyramid or Chain Distribution Schemes › § 2562. Unlawful practice.

§ 2562. Unlawful practice.
The use of a pyramid or chain sales distribution scheme in connection with the solicitation of investments in the form of money, property or any other thing of value is hereby declared to be an unlawful practice under § 2513 of this title.
6 Del. C. 1953, §  2562;  59 Del. Laws, c. 86, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VI. Pyramid or Chain Distribution Schemes › § 2563. Prohibition.

§ 2563. Prohibition.
(a) No person, either directly or through the use of agents or other intermediaries, shall promote, sell, attempt to sell, offer or grant participation in a pyramid or chain distribution scheme.
(b) Whoever, directly or through the use of agents or intermediaries, violates subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than 3 years, or both.
(c) The Superior Court shall have exclusive jurisdiction of offenses under this section.
6 Del. C. 1953, §  2563;  59 Del. Laws, c. 86, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VI. Pyramid or Chain Distribution Schemes › § 2564. Contracts void; civil liability.

§ 2564. Contracts void; civil liability.
(a) Any contract made in violation of § 2563 of this title shall be void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid or chain distribution scheme shall be liable to that person in an amount equal to the sum of:
(1) Twice the amount of any consideration paid; and
(2) In the case of any successful action to enforce such liability, the costs of the action together with a reasonable attorney's fee, as determined by the court.
(b) An action under this section may be brought in any court in this State otherwise having jurisdiction over the dollar amount being sought by way of recovery within 1 year from the date on which the consideration was paid.
6 Del. C. 1953, §  2564;  59 Del. Laws, c. 86, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2571. Definitions.

§ 2571. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Agent” means any individual, partnership, corporation or trustee defined as a broker in § 2901 of Title 24, acting on behalf of a seller or buyer of residential real property.
(2) “Buyer” means any individual, partnership, corporation or trustee purchasing any estate or interest in real property.
(3) “Final settlement” means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in residential real property being conveyed.
(4) “Residential real property” means any estate or interest in a manufactured housing lot or real property, improved by dwelling units for 1-4 families.
(5) “Seller” means any individual, partnership, corporation or trustee transferring residential real property.
(6) “Subagent” means any individual, partnership, corporation or trustee defined as a broker or sales person in § 2901 of Title 24 acting on behalf of an agent.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2572. Disclosure of material defects.

§ 2572. Disclosure of material defects.
(a) Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement.
(b) This disclosure shall be made in writing before the seller signs the listing agreement and shall be updated as necessary for any material changes occurring in the property before final settlement.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2572A. Radon testing and disclosure.

§ 2572A. Radon testing and disclosure.
(a) Except as excluded by § 2577 of this title, every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon.
(b) Except as excluded by § 2577 of this title, the seller of any interest in residential real property on which a residential dwelling exists is required to provide the buyer with any information on radon from tests or inspections in the seller's possession, and notify the buyer of any known radon hazards.
(c) The Department of Health and Social Services shall develop the content of written information that the selling broker shall provide to the buyer of any interest in residential real property on which a residential dwelling exists. The information shall describe potential hazards of exposure to radon, testing for radon and radon remediation.
(d) The Delaware Real Estate Commission shall develop a form that will document that subsections (a), (b) and (c) of this section have occurred. The form shall be utilized for every transfer of residential real property as described in this section and shall include:
(1) The property address;
(2) The seller's disclosure of the presence of radon hazards, if known;
(3) The buyer's acknowledgement that information about radon was received;
(4) The buyer's acknowledgement of that buyer's option to test for radon;
(5) The seller's acknowledgement that the seller has been informed of the seller's obligation and is aware of that seller's responsibility to ensure compliance with this section; and
(6) Signatures of the buyer and seller attesting to the above and the date so signed.
75 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2573. Property condition report.

§ 2573. Property condition report.
The agent, subagent or seller, as applicable, shall give a copy of the Seller's Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer's agent prior to the time the buyer makes an offer to purchase. This written disclosure form, signed by buyer and seller, shall become a part of the purchase agreement.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2574. Other inspections or warranties.

§ 2574. Other inspections or warranties.
The seller's completed disclosure form is a good faith effort by the seller to make the disclosures required by this subchapter, and is not a warranty of any kind by the seller or any agents or subagents representing seller or buyer in the transfer and is not a substitute for any inspections or warranties that the seller or buyer may wish to obtain.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2575. Cause of action.

§ 2575. Cause of action.
The buyer shall not have a cause of action against the seller, agent and/or subagent for:
(1) Material defects in condition of the residential real property disclosed to the buyer prior to the buyer making an offer to purchase;
(2) Material defects developed after the offer was made but disclosed prior to final settlement, provided seller has complied with the agreement of sale; or
(3) Material defects which occur after final settlement.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2576. Applicability [For application of this section, see 80 Del. Laws, c. 308, § 2].

§ 2576. Applicability [For application of this section, see 80 Del. Laws, c. 308, § 2].
This subchapter shall apply to transfers by sale, exchange, installment land sale contract, lease with an option to purchase or ground lease of a manufactured housing lot, or residential real property, improved with dwelling units for 1-4 families, or vacant land zoned for residential use and marketed as appropriate for the construction of a dwelling for 1-4 families.
69 Del. Laws, c. 86, §  2;  80 Del. Laws, c. 308, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2577. Exemptions.

§ 2577. Exemptions.
This subchapter shall not apply to the following transfers of residential real property:
(1) Transfers governed by the Delaware Out-of-State Land Sales and Promotions Act [repealed] where the property disclosure report required by that law is provided to a prospective purchaser.
(2) Transfers pursuant to court order such as transfers ordered by the Court of Chancery in the administration of an estate, trust or guardianship or pursuant to a writ of execution, by a trustee in bankruptcy or a receiver, by eminent domain, and transfers resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default by a deed in lieu of foreclosure.
(4) Transfers by any sheriff's sale for default on an obligation secured by a mortgage, judgment, tax or other lien.
(5) Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship or trust.
(6) Transfers from 1 co-owner to 1 or more other co-owners.
(7) Transfers made to a spouse or to a person or persons in the lineal line of consanguinity of 1 or more of the transferors.
(8) Transfers between spouses resulting from a property settlement incident to a divorce.
(9) Transfers to or from any government entity.
69 Del. Laws, c. 86, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VII. Buyer Property Protection Act › § 2578. Property condition report form [For application of section, see 80 Del. Laws, c. 145, § 3].

§ 2578. Property condition report form [For application of section, see 80 Del. Laws, c. 145, § 3].
(a) The Delaware Real Estate Commission shall develop a standard form or forms to be used as the Seller's Disclosure of Real Property Condition Report, for the disclosure of the condition of residential real property. This form or forms for different circumstances shall be promulgated and amended from time to time by the Real Estate Commission, including such additional relevant content as the Commission deems appropriate.
(b) The form for new construction shall include the following:
“An automatic fire sprinkler system or other fire suppression systems may be available. For further information, visit www.statefiremarshall.delaware.gov.”.
(c) Each form shall also include the following:
“The cost of repairing and repaving the streets adjacent to the property is paid for by (check one):
____ The property owner(s), estimated fees:
$______.
____ Delaware Department of Transportation or the State.
____ Unknown.
Note to Buyer:
Repairing and repaving of the streets can be very costly.”
(d) Each form shall also include the results of the radon test or tests required to be disclosed by § 2572A of this title.
69 Del. Laws, c. 86, §  2;  72 Del. Laws, c. 426, §  1;  75 Del. Laws, c. 360, §  2;  80 Del. Laws, c. 145, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VIII. Enhanced Penalties when Elder Person or Person with a Disability Targeted › § 2580. Definitions.

§ 2580. Definitions.
(a) “Elder person” means a person who is 65 years of age or older.
(b) “Major life activities” includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(c) “Person with a disability” means a person who has a disability as defined in § 4602 of this title.
(d) “Substantially limits” means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza or sprains or minor injuries.
69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §§  4, 5;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VIII. Enhanced Penalties when Elder Person or Person with a Disability Targeted › § 2581. Civil penalty; disposition of funds.

§ 2581. Civil penalty; disposition of funds.
(a) If any person is found to have violated any provision of this chapter, and said violation is committed against an elder person or a person with a disability, in addition to any criminal or civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000 for each violation.
(b) The civil penalties imposed pursuant to subsection (a) of this section shall be deposited with the State Treasurer and placed into the Consumer Protection Fund as created by § 2527 of this title, shall be subject to appropriation by the General Assembly, and shall be used for the investigation and prosecution of deceptive acts against elder and disabled persons and for consumer education initiatives.
69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §  6;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VIII. Enhanced Penalties when Elder Person or Person with a Disability Targeted › § 2582. Determination of civil penalty.

§ 2582. Determination of civil penalty.
In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which 1 or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder person or person with a disability;
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability;
(3) Whether the elder person or person with a disability was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and whether the elder person or person with a disability actually suffered substantial physical, emotional or economic damage resulting from the defendant's conduct;
(4) Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:
a. Mental or emotional anguish;
b. Loss of or encumbrance upon a primary residence of the elder person or person with a disability;
c. Loss of or encumbrance upon the principal employment or principal source of income of the elder person or person with a disability;
d. Loss of funds received under a pension or retirement plan or a government benefits program;
e. Loss of property set aside for retirement or for personal or family care and maintenance; or
f. Loss of assets essential to the health and welfare of the elder person or person with a disability.
(5) Any other factors the court deems appropriate.
69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §§  7-14;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VIII. Enhanced Penalties when Elder Person or Person with a Disability Targeted › § 2583. Cause of action; enhanced penalties.

§ 2583. Cause of action; enhanced penalties.
(a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney's fees.
(b) If a private cause of action is brought by the victim of a violation of this subchapter, and said victim was 65 years of age or older or a person with a disability when the violation occurred, the victim shall be entitled to recover 3 times the amount of the victim's compensatory damages if a violation of this subchapter is established. Such treble damages shall be in addition to any other damages to which the victim is entitled pursuant to common law or other provisions of the Delaware Code.
(c) Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.
69 Del. Laws, c. 151, §  1;  74 Del. Laws, c. 113, §§  3, 4;  78 Del. Laws, c. 179, §§  15, 16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter VIII. Enhanced Penalties when Elder Person or Person with a Disability Targeted › § 2584. Referrals for abuse, neglect and exploitation.

§ 2584. Referrals for abuse, neglect and exploitation.
The Attorney General shall establish and maintain referral procedures with the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services in order to provide any necessary intervention and assistance to elder persons or persons with disabilities who may have been victimized by violations of this chapter.
69 Del. Laws, c. 151, §  1;  69 Del. Laws, c. 345, §  5;  78 Del. Laws, c. 179, §  17;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter IX. Home Food Service Plan Sales › § 2586. Purpose.

§ 2586. Purpose.
The purpose of this subchapter is to safeguard the public against deceit and misrepresentation and to ensure, foster and encourage truthful practices and disclosure in home food service plan sales.
70 Del. Laws, c. 450, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter IX. Home Food Service Plan Sales › § 2587. Definitions.

§ 2587. Definitions.
As used in this subchapter, the following definitions shall apply:
(1) “Buyer” means both the actual and prospective purchaser of a home food service plan, but does not include persons purchasing for resale.
(2) “Contract” means all of the collective written or oral agreements between a seller and a buyer relating to the purchase of a home food service plan, except promissory notes or other financing agreements.
(3) “Food item” means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products and other like products.
(4) “Home food service plan” means a plan of food items or food items in combination with non-food items and/or service offered by the seller for profit and for sale in the consumer's home, whether or not a membership fee or similar charge is involved. Sales of immediately consumable food items, “Meals on Wheels” or similar programs, “fund-raising efforts” and meals prepared in the consumer's home by another are not within the definition of a “home food service plan.”
(5) “Item price” means the price of a food or non-food item sold as part of a home food service plan, computed to the nearest tenth of 1 cent when less than $1.00 and to the nearest cent when $1.00 or more. The item price, exclusive of any service charge(s), shall be expressed in terms of the price per unit of weight, measure or count set forth in “Uniform Unit Pricing Regulation” in the current edition of National Institute of Standards and Technology Handbook 130.
(6) “Non-food item” means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping and like products. The term does not include food items and durable consumer goods such as appliances.
(7) “Primal source” means the following cuts:
a. For beef, the primal sources are the round, flank, loin, rib, plate, brisket, chuck and shank;
b. For veal and lamb or mutton, the primal sources are the leg, flank, loin, rack (rib) and shoulder; and
c. For pork, the primal sources are the belly, loin, ham, spareribs, shoulder and jowl.
(8) “Seller” means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan.
(9) “Service charge” means the total price for any additional features, services and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise.
70 Del. Laws, c. 450, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter IX. Home Food Service Plan Sales › § 2589. Advertisement of home food service plans.

§ 2589. Advertisement of home food service plans.
Any advertisement of a home food service plan which discloses item pricing information in accordance with the provisions of this subchapter shall set forth in a clear and conspicuous manner whether there are any service charges or other additional costs associated with the purchase of the home food service plan.
70 Del. Laws, c. 450, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter IX. Home Food Service Plan Sales › § 2590. Enforcement and remedies.

§ 2590. Enforcement and remedies.
(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.
(b) If a court or tribunal of competent jurisdiction finds that any person has wilfully violated this subchapter, the Attorney General, upon petition to the court or tribunal, shall recover from the person, on behalf of the State, in addition to all costs, a civil penalty of not more than $10,000 per violation pursuant to § 2513 of this title. If the violation is against an elder person or person with a disability an additional civil penalty of not more than $10,000 per violation shall be recovered pursuant to § 2581 of this title. Each day that a wilful violation continues shall be considered a separate violation.
(c) For the purpose of this subchapter, a wilful violation occurs when the party committing the violation knew or should have known that the party's conduct was of the nature prohibited by this subchapter.
(d) The remedies provided for in this subchapter are not exclusive, and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provision of law.
70 Del. Laws, c. 450, §  1;  77 Del. Laws, c. 282, §  5;  79 Del. Laws, c. 371, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2591. Short title.

§ 2591. Short title.
This subchapter may be cited as the “Delaware Charitable/Fraternal Solicitation Act of 1996.”
70 Del. Laws, c. 584, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2592. Purpose.

§ 2592. Purpose.
The purpose of this subchapter is to safeguard the public against fraudulent and misleading charitable/fraternal solicitations, thereby enhancing public confidence in legitimate charitable/fraternal organizations.
70 Del. Laws, c. 584, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2593. Definitions.

§ 2593. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Charitable/fraternal organization” means any person who is or holds himself or herself out to be established:
a. For any benevolent, educational, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or philanthropic purpose;
b. For the benefit of law-enforcement officers, firefighters or other persons who protect the public safety; or
c. Any organization otherwise subject to § 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. § 501(c)], as amended;
(2) “Charitable/fraternal purpose” means:
a. Any benevolent, educational, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or philanthropic objective; or
b. An objective to benefit law-enforcement officers, firefighters or other persons who protect the public safety;
(3) “Charitable/fraternal solicitation” means any oral or written request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value or any portion thereof, will be used for a charitable/fraternal purpose or the benefit of a charitable/fraternal organization. No actual contribution need be made in order for a charitable/fraternal solicitation to be deemed to have taken place.
(4) “Contribution” means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in response to a charitable/fraternal solicitation.
(5) “Person” means any individual, organization, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, limited liability company, limited liability partnership, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
(6) “Professional solicitor” means a person who, for financial consideration, solicits contributions for a charitable/fraternal purpose or on behalf of a charitable/fraternal organization, either personally or through agents or employees employed or designated for that purpose. The term does not include a charitable/fraternal organization or an officer, director, employee, member or volunteer of a charitable/fraternal organization.
70 Del. Laws, c. 584, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  37;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2594. Records.

§ 2594. Records.
(a) Every professional solicitor shall keep accurate fiscal records regarding its charitable/fraternal solicitations in Delaware.
(b) There shall be a written contract between a professional solicitor and a charitable/fraternal organization that clearly states the respective obligations of the professional solicitor and the charitable/fraternal organization and the compensation terms of the professional solicitor.
(c) Every professional solicitor shall retain the records and the written contract required pursuant to this section for at least 3 years from the effective date of the termination of such contract.
(d) Every professional solicitor shall review the requirements of this subchapter prior to executing each written contract with a charitable/fraternal organization.
70 Del. Laws, c. 584, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2596. Time restriction.

§ 2596. Time restriction.
No charitable/fraternal organization and/or professional solicitor shall engage in charitable/fraternal solicitation of any person after 9:
00 p.m. or before 8:
00 a.m., unless authorized by the person being solicited prior to the solicitation.
70 Del. Laws, c. 584, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter X. Charitable/Fraternal Solicitation › § 2597. Enforcement and remedies.

§ 2597. Enforcement and remedies.
(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.
(b) Any violation of § 2595 of this title shall be deemed an unlawful practice in violation of § 2513 of this title and wilful violations of § 2595 of this title shall be punishable in accordance with § 2513 and/or § 2581 of this title.
(c) The remedies and penalties provided for in this subchapter 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 actions brought by private parties.
70 Del. Laws, c. 584, §  1;  77 Del. Laws, c. 282, §  6;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25. PROHIBITED TRADE PRACTICES › Subchapter XI. Cumulative Remedies and Enhanced Penalties › § 2598. Violation of order or injunction; penalty.

§ 2598. Violation of order or injunction; penalty.
Repealed by 77 Del. Laws, c. 282, § 4, effective June 10, 2010.
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25A. TELEMARKETING REGISTRATION AND FRAUD PREVENTION › § 2501A. Purpose; short title.

§ 2501A. Purpose; short title.
The purpose of this chapter shall be to set standards of conduct for organized commercial telemarketing in or into the State and to protect consumers from unfair, deceptive or abusive practices by telemarketers and companies using established telemarketing methods to promote and sell products, services and investments. This chapter may be cited as the “Delaware Telemarketing Fraud Act.”
72 Del. Laws, c. 262, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25A. TELEMARKETING REGISTRATION AND FRAUD PREVENTION › § 2504A. Record-keeping requirements.

§ 2504A. Record-keeping requirements.
(a) Any seller or telemarketing business shall preserve its individual records for a period of 24 months from the date the records are produced. A record, to the extent the seller or telemarketing business, or both, created it in the ordinary course of business, shall be kept in the form, manner, format or place as such record is maintained in the ordinary course of business. Records to be preserved shall include, but not be limited to:
(1) All substantially different advertising, brochures, telemarketing scripts and promotional materials;
(2) The name and last known address of each prize recipient and the description of the prize awarded for prizes represented to have a value of $25 or more;
(3) The name and last known address of each prize recipient and the description of the prize awarded for any prize in connection with a consumer call to a 900 number and any prize promotion when the consumer is told that the consumer will definitely win 1 of several prizes and any of the prizes is represented to have a value of $25 or more;
(4) The name and last known address of each customer, the merchandise purchased, the date such merchandise was ordered and shipped or provided, the amount of merchandise ordered and shipped or provided, and the amount paid by the customer;
(5) The name, any fictitious name used, the last known home address and telephone number, and the job title for each current and former employee directly involved in the telemarketing activities; and
(6) All written or recorded authorizations required to be provided or received under this chapter, including, but not limited to, any express verifiable authorization as defined in § 2507A of this title.
(b) The seller and any telemarketing business calling on behalf of the seller may, by written agreement, allocate responsibility between themselves for the record-keeping required by this chapter. When a seller and a telemarketing business have entered into such an agreement, the written terms of that agreement shall determine and govern each party's respective obligations under this chapter. If no agreement exists, or such written agreement is unclear as to which party must create and maintain a record, the seller shall be deemed the responsible party under this chapter.
(c) In the event of any dissolution or termination of the operations of any business employing telemarketers or the telemarketing business, the principal owners or directors of the entity shall maintain all records as required under this chapter. In the event of any sale, assignment or other change in ownership of the seller or telemarketing business, the buyer or successor shall maintain all records required under this chapter.
72 Del. Laws, c. 262, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25A. TELEMARKETING REGISTRATION AND FRAUD PREVENTION › § 2508A. Customers' remedies.

§ 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;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES › § 2502B. Purpose.

§ 2502B. Purpose.
The purpose of this chapter is to safeguard the public against deceit and misrepresentation and to ensure, foster and encourage truthful practices and disclosure in the door-to-door sale of residential water treatment systems.
73 Del. Laws, c. 420, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES › § 2503B. Definitions.

§ 2503B. Definitions.
(a) “Aesthetic test” shall mean, but not be limited to, a test of a water sample to determine 1 or more of the following:
(1) pH (Acidity/Alkalinity);
(2) Hardness (calcium and/or magnesium content);
(3) Iron content;
(4) Total dissolved solids;
(5) Sulphur content; and
(6) Chlorine taste and odor.
(b) “Buyer” shall mean the actual or prospective purchaser of a residential water treatment system, but does not include persons purchasing for resale.
(c) “Certified laboratory” shall mean a laboratory that is not affiliated with the seller and that is certified to analyze water samples by the Office of Drinking Water of the Division of Public Health of the State. A certified laboratory that is under common ownership with a seller of residential water treatment systems which is operated separately from the seller and which provides services to persons other than the seller shall be deemed to be not affiliated with the seller.
(d) “Door-to-door sale” shall have the meaning set forth in § 4403 of this title.
(e) “Health-related test” shall mean any test to determine whether a water sample meets a Maximum Contaminant Level (MCL) primary drinking water standard established by the United States Environmental Protection Agency under the Safe Drinking Water Act [42 U.S.C. § 300f et seq.], or by the Office of Drinking Water of the Delaware Division of Public Health.
(f) “Heavy metal test” shall mean a test that purports to detect the total content of undifferentiated metal elements in a water sample.
(g) “Place of business” shall have the meaning set forth in § 4403 of this title.
(h) “Precipitation test” shall mean a test that uses chemicals or electricity to precipitate hardness or metal ions in a water sample.
(i) “Residential water treatment systems” shall mean any device that is intended to be connected to the plumbing system of a dwelling in order to filter, purify or otherwise treat potable water.
(j) “Seller” shall have the meaning set forth in § 4403 of this title, except that for the purposes of this chapter the definition of “door-to-door” sale shall not include an exception for transactions that are subject to a right of rescission under § 125 of the Consumer Credit Protection Act (15 U.S.C. § 1635), as set forth in § 4403(3)b. of this title.
73 Del. Laws, c. 420, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES › § 2504B. Unlawful practices.

§ 2504B. Unlawful practices.
Section 2513(b)(2) of this title notwithstanding, in connection with any door-to-door sale of a residential water treatment system, it is an unlawful practice within the meaning of § 2513 of this title for any seller to:
(1) Fail to display on the person of each salesperson upon each visit to the home of a buyer an identification badge which conspicuously discloses the name and business address of the seller and the salesperson.
(2) Fail to furnish each buyer a business card or other writing that conspicuously discloses the name, address and telephone number of the seller and the salesperson.
(3) Perform or display during a visit to the home of a buyer a precipitation test or heavy metals test. A seller may perform an in-home aesthetic test and furnish to the buyer a document that conspicuously discloses the test results and that the aesthetic test is related to matters of personal taste and is not related to health. All health-related tests must be performed by a certified laboratory. Notwithstanding the preceding sentence, a seller may perform an in-home test of a water sample for nitrates, provided that if the buyer's home is served by public water supplied by a municipal, utility or other community system, the seller also obtains at the seller's cost a test for nitrates from a certified laboratory prior to completion of a sale and installation of a residential water treatment system.
(4) Fail to furnish to the buyer a copy of any report from a certified laboratory that pertains to a buyer's home.
73 Del. Laws, c. 420, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES › § 2505B. In-home testing.

§ 2505B. In-home testing.
(a) A seller may perform an in-home aesthetic test and furnish to the buyer a document that conspicuously discloses the test results and that the aesthetic test is related to matters of personal taste and is not related to health. All health-related tests must be performed by a certified laboratory. Notwithstanding the preceding sentence, a seller may perform an in-home test of a water sample for nitrates, provided that if the buyer's home is served by public water supplied by a municipal, utility or other community system, the seller also obtains at the seller's cost a test for nitrates from a certified laboratory prior to completion of a sale and installation of a residential water treatment system.
(b) Performance of any in-home testing not in compliance with this act shall constitute an unlawful practice within the meaning of § 2513 of this title.
73 Del. Laws, c. 420, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES › § 2506B. Enforcement and remedies.

§ 2506B. Enforcement and remedies.
(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.
(b) If a court or tribunal of competent jurisdiction finds that any person has wilfully violated this chapter, the Attorney General, upon petition to the court or tribunal, shall recover from the person, on behalf of the State, in addition to all the costs, a civil penalty of not more than $10,000 per violation pursuant to § 2513 of this title. If the violation is against a person age 65 or older or a person with a disability, an additional civil penalty of not more than $10,000 per violation shall be recovered pursuant to § 2581 of this title. Each day that a wilful violation continues shall be considered a separate violation.
(c) For the purpose of this chapter, a wilful violation occurs when the party committing the violation knew or should have known that the party's conduct was of a nature prohibited by this chapter.
(d) The remedies provided for in this chapter 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.
73 Del. Laws, c. 420, §  1;  77 Del. Laws, c. 282, §  7;  79 Del. Laws, c. 371, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25C. TOY SAFETY › § 2501C. Definitions.

§ 2501C. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Child” shall be defined as an individual less than 12 years of age.
(2) “Consumer” shall have the meaning as set forth in the Consumer Product Safety Act, 15 U.S.C. §§ 2051 — 2085.
(3) “Person” means an individual, partnership, corporation, association, governmental entity, business entity, or other legal entity.
(4) “Toxic substance” means a substance that contains lead or a coating on an item that contains lead in excess of the limit set by Title 16, Code of Federal Regulations, Part 1303 (i.e., 0.06 percent by weight of the total nonvolatile content of the paint or the weight of the dried paint film); or a substance that has been deemed toxic or harmful to the health of children by the U.S. Consumer Product Safety Commission. “Toxic substance” does not include glass, decorative crystal or inaccessible components.
(5) “Toy” means an article designed and intended for the child's use in play.
76 Del. Laws, c. 358, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25C. TOY SAFETY › § 2502C. Prohibited conduct.

§ 2502C. Prohibited conduct.
(a) A person shall not knowingly sell, offer for sale, or transfer a toy in the State that contains a toxic substance or that is otherwise unsafe to a child.
(b) A person shall not knowingly fail to remove for sale or transfer any toy that has been identified as containing lead and/or unsafe by the U.S. Consumer Product Safety Commission or has been the subject of a corrective action plan, which must be promptly implemented, or a recall, as described further at § 2503C(2) of this title.
(c) This section does not apply to the sale of an antique or collectible toy that is not marketed to or intended to be used by a child.
76 Del. Laws, c. 358, §  1;