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DE HB247

Bill

Status

Enrolled

4/28/2010

Primary Sponsor

Gerald Brady

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Origin

House of Representatives

145th General Assembly

AI Summary

  • Consolidates consumer protection statutes from Title 29 into Title 6, Chapter 25 to centralize all consumer protection laws in one location.

  • Establishes new administrative enforcement powers for the Director of the Consumer Protection Unit, including authority to issue cease and desist orders and impose civil penalties up to $5,000 per violation for consumer fraud and deceptive trade practices.

  • Creates an independent administrative hearing process with a Deputy Attorney General (not assigned to Consumer Protection Unit) as hearing officer to adjudicate consumer protection violations.

  • Authorizes the Consumer Protection Unit to recover attorney's fees in court proceedings where violations are found and establishes a Consumer Protection Fund for settlement proceeds.

  • Adds private right of action for consumer fraud with availability of treble damages in equity claims and awards reasonable attorney's fees to prevailing parties.

Legislative Description

An Act To Amend Title 6, Title 25 And Title 29 Of The Delaware Code Relating To Consumer Protection.

Last Action

HS 1 for HB 247 - Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT

4/28/2010

Committee Referrals

Judiciary3/30/2010
Judiciary6/18/2009
Economic Development/Banking/Insurance/Commerce6/17/2009

Full Bill Text

No bill text available