Mini-TCPA in effectLast verified 2026-10-07

Delaware TCPA and telemarketing law

Delaware has its own telemarketing statute with a private right of action.

At a glance
Statute6 Del. C. § 2501A et seq.↗
Consent standardNo state-specific consent standard↗
Stricter than federalNot yet verified
Private right of actionYes↗
Statutory damagesNot yet verified
Covers text messagesNot yet verified
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

Delaware regulates telephone sales through the Delaware Telemarketing Fraud Act, 6 Del. C. chapter 25A. Sellers and telemarketing businesses calling customers in Delaware must register with the Consumer Protection Unit and post a $50,000 bond unless exempt. At the start of each call the telemarketer must say the call is to sell specific merchandise and give its own name and the seller's name, and most sales become final only 7 business days after a written cancellation notice. A seller may not willfully call a customer for 10 years after being told to cease and desist. The Act sets no consent requirement for making calls and does not mention text messages.

A customer who suffers a loss or harm from a violation may recover actual and punitive damages, attorney's fees and costs. Violations are also Consumer Fraud Act violations, for which the Attorney General can seek up to $10,000 per willful violation.

Source: 6 Del. C. § 2501A et seq. ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on Delaware8 sections
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