2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 25A. TELEMARKETING REGISTRATION AND FRAUD PREVENTION › § 2502A. Definitions.

§ 2502A. Definitions.
As used in this chapter, unless the context requires otherwise:
(1) “Advertisement” shall have the same meaning as defined in § 2511 of this title.
(2) “Customer” means a person who is or may be required to pay for merchandise offered through telemarketing by a seller, telemarketer or telemarketing business.
(3) “Investment” means any property, real or personal, tangible or intangible, that is offered for sale, sold or traded based wholly or in part on representations, express or implied, that the property may or will generate income or profit or appreciate in value.
(4) “Merchandise” shall have the same meaning as defined in § 2511 of this title. Additionally, “merchandise” includes loans, services related to a person's credit worthiness, leases of personal property, prizes from prize promotions, long-distance telephone services and investments.
(5) “Person” shall have the same meaning as defined in § 2511 of this title.
(6) “Prize” means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. In addition to its ordinary meaning, for this purpose, “by chance” includes circumstances whereby a person is guaranteed to receive merchandise or anything of value and at the time of the offer or purported offer the telemarketer does not identify the specific item that the person will receive.
(7) “Prize promotion” means a sweepstakes or other game of chance or an oral or written representation, express or implied, that a person has won or has been selected to receive or is eligible to receive a prize or purported prize.
(8) “Sale” shall have the same meaning as defined in § 2511 of this title.
(9) “Seller” means any person who or which utilizes telemarketing or engages the services of a telemarketing business to promote, advertise, sell or distribute merchandise.
(10) “Solicitation” means a written or oral notification, advertisement or offer that consists of any 1 or more of the following characteristics:
a. Transmitted to a customer by or on behalf of a seller by any printed, audio, video, cinematic, telephonic or electronic means, including a computer; or
b. In the case of a transmission to a customer by any means other than by telephone, any one of the following occurs:
1. The original communication is followed by a telephone call from a telemarketer or seller in connection with the notification, advertisement or offer;
2. The original communication invites a response by telephone and through that response, a telemarketer attempts a sale of merchandise to the customer; or
3. The original communication invites a customer to call a 900-line service or similar telephone number for any reason.
(11) “Telemarketer” means a natural person who, from any location, in connection with telemarketing, initiates or receives or causes the initiation or receipt of telephone calls to or from a customer who is located in the State. A person “causes the initiation or receipt” of telephone calls if the person manages, directs or supervises the activities of persons engaged in telemarketing.
(12) “Telemarketing” is an organized activity, program or campaign by 1 or more telemarketers that is conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers.
(13) “Telemarketing business” means any person who or which engages in telemarketing on behalf of any seller in exchange for any consideration or compensation.
72 Del. Laws, c. 262, §  1;