Delaware General Assembly

PWB 3/24/26

Amendment is attached to the legislation and awaits consideration

SS 1 for SB 181 -SA 1

3/24/26

Seigfried

This Amendment establishes a private right of action for victims of a violation of this chapter, authorizing courts to grant appropriate legal or equitable relief. The Amendment ensures a recovery floor by mandating an award of nominal damages and reasonable attorneys’ fees in instances where a violation is established but actual damages are not incurred. In circumstances where a prevailing plaintiff obtains recovery exceeding their actual damages, those funds are allocated to the Consumer Protection Fund for equitable restitution for other affected consumers. Additionally, this Amendment updates the title of § 2510N to reflect these enforcement and remedy provisions.

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