Unfair Trade Practices Act
Delaware · Insurance Code · §§ 18-2301 to 18-2321 · 23 sections
Overview
This act prohibits unfair methods of competition and unfair or deceptive acts and practices in trade and commerce, drawing on federal unfair-competition law for its interpretation, and it supplements that general prohibition with rules aimed at specific conduct such as price gouging and charitable solicitation during declared emergencies, deceptive advertising, misuse of assumed business names, ticket resale above face value, and misrepresentation of a product's origin. Enforcement rests largely with the attorney general, who may issue investigative demands and subpoenas, accept assurances of voluntary compliance, and seek injunctions and orders restoring money or property, with civil penalties available for willful violations or violations of an injunction and with sanctions extending to a business entity's dissolution, suspension, or forfeiture of its authority to operate. Private parties injured by a violation may sue for damages within a fixed limitations period, and the act's remedies are cumulative rather than exclusive, though certain regulated practices and transactions fall outside its reach.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 18, § 2301Declaration of purpose
- Del. Code tit. 18, § 2302Definitions
- Del. Code tit. 18, § 2303Unfair methods of competition and unfair or deceptive acts or practices prohibited
- Del. Code tit. 18, § 2304Unfair methods of competition and unfair or deceptive acts or practices defined [For application of this section, see 84 Del. Laws, c. 209, § 3]
- Del. Code tit. 18, § 2305Favored agent or insurer; coercion of debtors
- Del. Code tit. 18, § 2305ABanks acting as insurance agents or brokers
- Del. Code tit. 18, § 2306Power of Commissioner
- Del. Code tit. 18, § 2307Procedures as to defined and undefined practices; hearings; witnesses; appearances; production of books and service of process
- Del. Code tit. 18, § 2308Cease and desist and penalty orders and modifications thereof
- Del. Code tit. 18, § 2309Judicial review of orders
- Del. Code tit. 18, § 2310Judicial review by intervenor
- Del. Code tit. 18, § 2311Penalty for violation of cease and desist orders
- Del. Code tit. 18, § 2312Regulations
- Del. Code tit. 18, § 2313Provisions of chapter additional to existing law
- Del. Code tit. 18, § 2314Immunity from prosecution
- Del. Code tit. 18, § 2315Discrimination against individuals over 65 years of age
- Del. Code tit. 18, § 2316Refusal to issue policy to blind or deaf persons prohibited
- Del. Code tit. 18, § 2317Genetics-based discrimination prohibited; health insurance
- Del. Code tit. 18, § 2317AGenetics-based discrimination prohibited; life insurance and annuities
- Del. Code tit. 18, § 2318Care by advanced practice nurses
- Del. Code tit. 18, § 2319Carrier post-claim adjudication audit record requests
- Del. Code tit. 18, § 2320Discrimination prohibited; pre-exposure prophylaxis medication to prevent HIV infection
- Del. Code tit. 18, § 2321Provider types, generally; pharmacists
Enacted in other states
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