⚠ Penalty Exposure — Delaware
Per Violation
$10,000
Willful
$20,000
AG Max/Violation
$10,000
10,000 Calls
$100,000,000
= exposure
Overview
Delaware has limited state-specific telemarketing regulation beyond federal TCPA. The AG can pursue violations under the Delaware Consumer Fraud Act (6 Del. C. § 2513) with penalties up to $10,000. No state DNC list, no registration requirement, and no private right of action specific to telemarketing. Relies primarily on federal TCPA and TSR enforcement.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Prior Express | — |
| SMS | Written Consent Required | Required |
| MMS | Written Consent Required | Required |
| AI Voice | Written Consent Required | Required |
| Prerecorded | Written Consent Required | Required |
| Ringless VM | Written Consent Required | Required |
| Fax | Written Consent Required | — |
Key Court Decisions
State v. Clark
4/10Superior Court of Delaware · May 2026
Soul v. Christiansen
4/10Superior Court of Delaware · May 2026
DSM Holdco, Inc. v. Demoulas
4/10Court of Chancery of Delaware · Apr 2026
Recent Enforcement Actions
First State Financial Services
$175,000May 2024 · financial services
DE AG settled with financial services firm for robocall DNC violations.
FTC v. Avid Telecom (DE portion)
Jul 2023 · telecom
Multistate robocall enforcement covering DE.
Key Rules
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See Chief →This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →