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Delaware

DE

Telecom Compliance Reference — Updated 2025

TCPA Standard

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$10,000

Registration

Not Required

OverviewCalling HoursConsentRegistrationDNCEnforcementCase LawLegislation

REI Wholesaling Telemarketing Compliance in Delaware

Real estate investor cold calling and SMS compliance in Delaware

Guide last reviewed: January 2025

Delaware REI Wholesaling Overview

Delaware is unique because unauthorized automated calling carries CRIMINAL penalties — not just civil fines. Class B misdemeanor for first offense, Class A for repeats. This makes Delaware a state where automated outreach without consent is exceptionally risky. The practical path for REI wholesalers: manual dialing cold prospects (scrub DNC list), direct mail to drive inbound calls, and proper consent capture before any automated follow-up. The enhanced Consumer Fraud Act penalties for targeting elderly consumers ($25,000/violation) add another layer of risk for distressed property outreach.

Penalty/Violation

$10,000

Willful

$20,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

No

Compliance Checklist

✓Scrub call lists against federal National DNC Registry before every campaign,Manual dialing for cold outreach — safest method in Delaware,Do NOT use automated dialers, prerecorded messages, or robocalls without prior written consent — CRIMINAL penalties apply,Obtain prior express written consent before any automated outreach (calls, texts, RVM),Honor opt-out requests within 10 business days,Identify yourself and your company at the start of every call,Disclose the commercial purpose of the call promptly,Be aware that first offense is Class B misdemeanor, subsequent Class A — this is criminal, not just civil,EBR from prior transaction allows manual calling to past sellers,Do NOT call elderly or disabled consumers with deceptive pitches — enhanced Consumer Fraud Act penalties ($25,000/violation),Maintain consent records and call logs

What Gets Companies Sued

✗Top violations for REI wholesalers: (1) Using auto-dialers or prerecorded messages without consent — criminal liability in Delaware; (2) Continuing to call after opt-out request; (3) Not scrubbing federal DNC list; (4) Deceptive representations about property values or purchase intent when calling distressed homeowners; (5) Targeting elderly homeowners without regard to enhanced penalty provisions.

Special Exemptions

No real estate-specific exemptions beyond the general EBR. Licensed real estate agents with active client relationships have an EBR exemption for manual calls only.

Key State Rules

Mini-TCPANo
RegistrationNot Required
Class ActionsNot specified
Consent Requirements→Registration Details→DNC List→

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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 →