Delaware Consumer Protection, Cease and Desist Orders (29 Del.C. § 2525)

About the Legislation:

At any time after it appears to the Director of Consumer Protection that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person.

Private Right of Action: No.
Damages/Enforcement: Upon finding a violation, and after notice and a hearing, the designated hearing officer may issue a cease and desist order against the violator. The cease and desist order may provide for the immediate discontinuance of each practice set forth in the agreement; any such relief, remedies, penalties, fines, or recoveries authorized, including restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enriched; or (3) any other action deemed by the Director to be necessary to remedy such practices. When the Director perceives an immediate threat to the public interest as a result of a violation, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice. Any person who willfully violates a cease and desist order may be sanctioned with administrative remedies or civil penalties.

Read the Legislation

State Association Contact

Josephine Bahn, Member

Aaron Krauss, Member