Terms Used In Delaware Code > Title 6 > Chapter 25A - Telemarketing Registration and Fraud Prevention

• board of assessment: shall be construed to mean the "department of finance" insofar as Sussex County is concerned and "Office of Finance" insofar as New Castle County is concerned. See Delaware Code Title 9 Sec. 501
• by chance: includes circumstances whereby a person is guaranteed to receive merchandise or anything of value and at the time of the offer or purported offer the telemarketer does not identify the specific item that the person will receive. See Delaware Code Title 6 Sec. 2502A
• Clerk of the peace: means the clerk of the peace of the county in which the suburban community is situated. See Delaware Code Title 9 Sec. 501
• County government: means the county governing body of each county. See Delaware Code Title 9 Sec. 501
• 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
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Investment: means any property, real or personal, tangible or intangible, that is offered for sale, sold or traded based wholly or in part on representations, express or implied, that the property may or will generate income or profit or appreciate in value. See Delaware Code Title 6 Sec. 2502A
• Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• 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
• Prize: means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. See Delaware Code Title 6 Sec. 2502A
• Prize promotion: means a sweepstakes or other game of chance or an oral or written representation, express or implied, that a person has won or has been selected to receive or is eligible to receive a prize or purported prize. See Delaware Code Title 6 Sec. 2502A
• 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
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• Solicitation: means a written or oral notification, advertisement or offer that consists of any 1 or more of the following characteristics:

  a. See Delaware Code Title 6 Sec. 2502A

• Suburban community: means any unincorporated community within this State:

  1. See Delaware Code Title 9 Sec. 501

• 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