Delaware: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, a private cause of action is available to any victim of a violation of this subchapter.

§ 2525

A private cause of action shall be available to any victim of a violation of this subchapter.

Actual damages

Recovery for the loss a person actually suffered.

Damages are recoverable to the extent of out-of-pocket losses in receivership distribution.

§ 2524

may participate with general creditors in the distribution of the assets to the extent of out-of-pocket losses.

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Not found in the statute text reviewed

Attorney fees

Rules for recovering the cost of legal representation.

Not found in the statute text reviewed

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

5 years from accrual for Attorney General actions under this chapter.

§ 2506

no action at law by the Attorney General brought under this chapter shall be initiated after the expiration of 5 years from the time the cause of action accrued

Injunctive relief

Court orders requiring conduct to stop or change.

Court of Chancery may grant temporary restraining orders, preliminary or permanent injunctions, and other necessary relief.

§ 2523

the Court of Chancery after a hearing may grant relief by issuing temporary restraining orders, preliminary or permanent injunctions

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than $10,000 for each wilful violation.

§ 2522

the person shall forfeit and pay to the State a civil penalty of not more than $10,000 for each violation.