Delaware Code Title 6 Sec. 4903A – Unlawful practices
(a) Deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission of any material fact in connection with auto repair work by any automotive repair facility, whether or not any person has in fact been misled, deceived or damaged thereby, or the act, use or employment by any auto repair facility of a deceptive trade practice in connection with auto repair work shall constitute an unlawful practice.
Terms Used In Delaware Code Title 6 Sec. 4903A
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Document: means :
- Fraud: Intentional deception resulting in injury to another.
- 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
- 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
(b) Acts or practices by an automotive repair facility prohibited by subsection (a) of this section shall include but are not limited to:
(1) Refusing to return a customer’s motor vehicle because the customer refused to pay for unauthorized auto repair work in violation of § 4907A of this title;
(2) Misrepresenting that auto repair work has been made to a motor vehicle;
(3) Misrepresenting that auto repair work is necessary to a motor vehicle repair;
(4) Misrepresenting that the motor vehicle is in a dangerous condition or that the customer’s continued use of the vehicle may be harmful or cause significant damage to the vehicle;
(5) Misrepresenting that the motor vehicle will or will not pass state inspection requirements or is not otherwise in compliance with state or federal requirements in connection with soliciting auto repair work;
(6) Performing unauthorized auto repair work in connection with a misrepresentation;
(7) Installing or reinstalling in a motor vehicle any object in lieu of an operative air bag including a counterfeit supplemental restraint system component or a nonfunctional airbag;
(8) Selling, installing or reinstalling any device that causes the vehicle’s diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component, nonfunctional airbag, or when no airbag is installed.
(9) Fraudulently altering any customer contract, estimate, invoice or other document;
(10) Fraudulently misusing a customer’s credit card; or
(11) Engaging in a pattern of violations of § 4904A, § 4905A, § 4906A or § 4907A of this title or violating § 4904A, § 4905A, § 4906A or § 4907A of this title with the intent to hinder the discovery of practices or acts prohibited by this section.
(c) A person shall not knowingly manufacture, import, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, a nonfunctional airbag, or a device that causes a vehicle to fail to meet federal motor vehicle safety standards as provided in 49 C.F.R. § 571.208.
70 Del. Laws, c. 428, § ?2; 74 Del. Laws, c. 277, § ?1; 83 Del. Laws, c. 205, § 2;