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

Legislative Summary

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.