Delaware Code Title 6 Sec. 2737 – Enforcement
(a) (1) Before bringing an action with respect to the automatic renewal of any contract containing an automatic renewal provision that is renewed in violation of § 2734 of this title, the consumer must provide the seller with notice of the violation and a request to cancel the extension of the contract. The consumer shall send the notice by:
a. Email;
b. Mail; or
c. Any other method the business wants to offer.
(2) If within 30 days of the consumer sending the notice, the seller:
a. Cures the violation;
b. Provides the consumer with a written statement that the alleged violations have been cured and that no further violations of that kind shall occur; and
c. Sends a copy of such statement to the Director of Consumer Protection of the Department of Justice,
then no action shall be initiated under this chapter by the consumer against the seller for the cured violation of § 2734 of this title.
(3) Nothing in this section shall preclude investigation or enforcement action by the Attorney General for violations of this chapter.
Terms Used In Delaware Code Title 6 Sec. 2737
- Automatic renewal provision: means a provision under which a contract is renewed for a specified period of more than 1 month if the renewal causes the contract to be in effect more than 12 months after the day of the initiation of the contract and such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the contract. See Delaware Code Title 6 Sec. 2731
- Consumer: means an individual who purchases or leases merchandise primarily for personal, family or household purposes. See Delaware Code Title 6 Sec. 2731
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means any contract for the sale of merchandise or any lease. See Delaware Code Title 6 Sec. 2731
- Seller: means any person engaged in commerce that sells, leases, or offers to sell or lease any merchandise to a consumer. See Delaware Code Title 6 Sec. 2731
(b) In addition to any remedies a consumer may have at law or in equity, a violation of this subchapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.
(c) The automatic renewal provisions of this subchapter shall become effective January 1, 2022.
66 Del. Laws, c. 276, § ?1; 69 Del. Laws, c. 291, § ?98(a); 77 Del. Laws, c. 282, § ?18; 83 Del. Laws, c. 115, § 1;