Delaware Code Title 6 Sec. 2507A – Prohibited acts and practices
(a) It is a prohibited telemarketing act or practice and a violation of this chapter and § 2513 of this title for any person to:
(1) Obtain or submit for payment a check, draft or other form of negotiable paper drawn on a person’s checking, savings, share or similar account without that person’s express verifiable authorization. For this purpose, “express verifiable authorization” means:
a. A written statement signed by the customer expressly authorizing the payment;
b. The customer’s signature on the negotiable instrument;
c. An oral authorization by the customer that is tape-recorded and made available upon request to the customer’s bank and that evidences both the customer’s authorization of a payment for the specific merchandise sold and the customer’s receipt of the following information:
1. The date of the draft;
2. The amount of the draft;
3. The payor’s name;
4. The number of draft payments, if more than 1;
5. A telephone number for customer inquiry that is answered during normal business hours; and
6. The date of the customer’s oral authorization; or
d. Written confirmation of the transaction sent to the customer prior to submission for payment of the customer’s check, draft or other form of negotiable paper that includes all of the information required to be given under any oral tape-recorded authorization described in this section;
e. Any otherwise valid “express verifiable authorization” shall be deemed invalid if said authorization was induced by fraud, false pretenses, misrepresentation, false promises or failure to disclose material information;
(2) Advertise or represent that registration as a telemarketer equals an endorsement or approval by any government or governmental agency of any state;
(3) Wilfully call or contact any customer by telephone for any purpose connected with or related to the sale or advertising of merchandise for 10 years after having been directed, orally or in writing, by the customer or any person acting on behalf of the customer with said customer’s authorization, to cease and desist from said calls or contacts. For purpose of this section, a call or contact is “wilful” if the person making or initiating the call or contact knows or should know of the customer’s instruction to not call or contact;
(4) Assist, support or provide substantial assistance to any seller, telemarketer or telemarketing business when the person knew or should have known that the seller, telemarketer or telemarketing business was engaged in any act or practice in violation of this chapter;
(5) Request or receive payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the customer in a prior telemarketing transaction; or
(6) Use the services of any professional delivery, courier or other pickup service to obtain receipt or possession of a customer’s payment, unless the merchandise is delivered with the opportunity to inspect it before any payment is collected.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class F felony | up to 3 years |
Terms Used In Delaware Code Title 6 Sec. 2507A
- Customer: means a person who is or may be required to pay for merchandise offered through telemarketing by a seller, telemarketer or telemarketing business. See Delaware Code Title 6 Sec. 2502A
- Fraud: Intentional deception resulting in injury to another.
- merchandise: includes loans, services related to a person's credit worthiness, leases of personal property, prizes from prize promotions, long-distance telephone services and investments. See Delaware Code Title 6 Sec. 2502A
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
- Seller: means any person who or which utilizes telemarketing or engages the services of a telemarketing business to promote, advertise, sell or distribute merchandise. See Delaware Code Title 6 Sec. 2502A
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
- Telemarketer: means a natural person who, from any location, in connection with telemarketing, initiates or receives or causes the initiation or receipt of telephone calls to or from a customer who is located in the State. See Delaware Code Title 6 Sec. 2502A
- Telemarketing: is a n organized activity, program or campaign by 1 or more telemarketers that is conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers. See Delaware Code Title 6 Sec. 2502A
- Telemarketing business: means any person who or which engages in telemarketing on behalf of any seller in exchange for any consideration or compensation. See Delaware Code Title 6 Sec. 2502A
(b) Nothing in this chapter shall prevent the Attorney General from seeking any other civil remedy or criminal sanction for any violation of this chapter as otherwise provided by law. Any person who violates § 1401 or § 1402 of Title 11 in connection with telemarketing shall, in addition, be guilty of a class F felony.