Delaware TCPA and telemarketing law
Delaware has its own telemarketing statute with a private right of action.
| Statute | 6 Del. C. § 2501A et seq. | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | Not yet verified | |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
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. ↗