Privacy Law Library

Delaware Telemarketing Fraud Act (Telemarketing Registration and Fraud Prevention)

DE Telemarketing Fraud Act

Marketing

Requires telemarketing sellers and businesses reaching Delaware customers to register with the Department of Justice, make opening disclosures, and give written confirmation before a sale is final. It bars calling a customer about sales for 10 years after the customer says to stop, and gives harmed customers a right to sue.

Where
Delaware
Citation
6 Del. C. §§ 2501A to 2510A (Title 6, Chapter 25A)
Status
In force
In force since
2000-01-28
Enforced by
Delaware Attorney General (Consumer Protection Unit), under 29 Del. C. ch. 25 (2509A)
People can sue
Yes
Penalties
Prohibited acts are also Consumer Fraud Act violations under 6 Del. C. § 2513 (2507A(a)); customers harmed may recover actual and punitive damages, attorney fees, and costs, and sales by unregistered sellers are voidable (2508A). Fraud in connection with telemarketing is also a class F felony (2507A(b)).
Applies to
  • Sellers, telemarketers, and telemarketing businesses transacting business through telemarketing with customers located in Delaware, unless exempt under 2505A (2503A(a))

What a privacy notice must say

  • At the start of each call and before any pitch, disclose that the call's purpose is to sell, the telemarketer's and seller's names, and what is being offered; disclose total cost and material terms before requesting payment.6 Del. C. § 2506A(a)

Practices it requires

  • Do not wilfully call a customer for sales purposes for 10 years after the customer (or an authorized person) directs the caller to stop.6 Del. C. § 2507A(a)(3)
  • Do not draw on a customer's bank account without express verifiable authorization (signed writing, recorded oral authorization, or prior written confirmation).6 Del. C. § 2507A(a)(1)

Registration

  • Obtain a certificate of registration from the Director of the Consumer Protection Unit before telemarketing to Delaware customers, and renew at least 30 days before it expires.6 Del. C. § 2503A(a)-(c) · Only if: Not exempt under § 2505A

Other duties

  • A telemarketing sale is final only 7 business days after the customer receives the required written notice.6 Del. C. § 2506A(b)(1)
  • Keep required telemarketing records.6 Del. C. § 2504A

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date assumed to be the approval date of 72 Del. Laws c. 262 (Jan. 28, 2000); no separate effective-date clause was confirmed. | Later amendments (78 Del. Laws c. 175; 80 Del. Laws c. 227) were not reviewed, so last_amended is null. | Contents of § 2504A record-keeping requirements were not read in detail.

Research reference, not legal advice.