Delaware

• Pages: 103-114

103

CHAPTER 9

DELAWARE

A. Scope of the Statute and Elements of a Cause of Action

1. Consumer Fraud Act

Delaware’s primary consumer protection law, the Consumer Fraud

Act (CFA),1 is designed “to protect consu mers and legitimate business

enterprises from unfair or deceptive merchandising practices in the

conduct of any trade or commerce in part or wholly within [Delaware].”2

The CFA prohibits “[t]he act, use, or employment by any person of any

deception, fraud, false pretense, false promise, misrepresentation, unfair

practice,3 or the concealment, suppression, or omission of any material fact

. . . in connection with the sale, lease, receipt, or advertisement of any

merchandise. . . .”4

Actual reliance is not necessary to support a violation of the CFA.

Instead, a violation occurs “whether or not any person has in fact been

misled, deceived, or damaged thereby . . . .”5 To violate the CFA based on

concealment, suppression, or omission, however, the defendant must act

“with intent that others rely upon such concealment, suppression or

omission . . . .”6

The CFA also prohibits “misrepresent[ing] the geographic location of

a business or supplier which raises or sells flowers and/or ornamental

plants” in specified circumstances.7 There are also numerous industry or

conduct specific statutes for which certain violations of those statutes are

considered violations of the CFA.8

1. DEL. CODE. ANN. tit. 6, § 2511 et seq.

2. Id. § 2512.

3. The CFA was amended in 2021 to include unfair practices.

4. DEL. CODE. ANN. tit. 6, § 2513(a).

5. Id.

6. Id.

7. Id. § 2513(a).

8. See, e.g., id. § 2410 (relating to credit services organizations); id. § 2510

(relating to deceptive foreclosure practices and for purposes of law

enforcement only); id. § 2590 (relating to sales of home food service plans

and for purposes of a law enforcement action only); id. § 2597 (r elating to

charitable and fraternal solicitations); id. §§ 2503A(h), 2506A, & 2507A

(relating to telemarketing); id. § 2506B (relating to sales of residential