Delaware Code
Chapter 24A. DEBT-MANAGEMENT SERVICES
§ 2435A. Private enforcement.

(a) If an individual voids an agreement pursuant to § 2425A(b) of this title, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under paragraphs (c)(3) and (c)(4) of this section.
(b) If an individual voids an agreement pursuant to § 2425A(a) of this title, the individual may recover in a civil action 3 times the total amount of the fees, charges, money, and payments made by the individual to the provider, in addition to the recovery under paragraph (c)(4) of this section.
(c) Subject to subsection (d) of this section, an individual with respect to whom a provider violates this chapter may recover in a civil action from the provider and any person that caused the violation:

(1) Compensatory damages for injury, including noneconomic injury, caused by the violation;
(2) Except as otherwise provided in subsection (d) of this section, with respect to a violation of § 2417A, § 2419A, § 2420A, § 2421A, § 2422A, § 2423A, § 2424A, § 2427A, or § 2428A(a), (b), or (d) of this title, the greater of the amount recoverable under paragraph (c)(1) of this section or $5,000;
(3) Punitive damages; and
(4) Reasonable attorney's fees and costs.
(d) In a class action, except for a violation of § 2428A(a)(5) of this title, the minimum damages provided in paragraph (c)(2) of this section do not apply.
(e) In addition to the remedy available under subsection (c) of this section, if a provider violates an individual's rights under § 2420A of this title, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.
(f) A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good-faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this chapter is not a good-faith error. If in connection with a violation, the provider has received more money than authorized by an agreement or this chapter, the defense provided by this subsection is not available unless the provider refunds the excess within 2 business days of learning of the violation.
(g) The Attorney General shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 2413A or § 2414A of this title.

Structure Delaware Code

Delaware Code

Title 6 - Commerce and Trade

Chapter 24A. DEBT-MANAGEMENT SERVICES

§ 2401A. Short title.

§ 2402A. Definitions.

§ 2403A. Exempt agreements and persons.

§ 2404A. License required.

§ 2405A. Application for license — Form, fee, and accompanying documents.

§ 2406A. Application for license — Required information.

§ 2407A. Application for license — Obligation to update information.

§ 2408A. Application for license — Public information.

§ 2409A. License — Issuance or denial.

§ 2410A. License — Timing.

§ 2411A. Renewal of licenses.

§ 2412A. License in another state.

§ 2413A. Bond required.

§ 2414A. Bond required — Substitute.

§ 2415A. Requirement of good faith.

§ 2416A. Customer service.

§ 2417A. Prerequisites for providing debt-management services.

§ 2418A. Communication by electronic or other means.

§ 2419A. Form and contents of agreement.

§ 2420A. Cancellation of agreement; waiver.

§ 2421A. Required language.

§ 2422A. Trust account.

§ 2423A. Fees and other charges.

§ 2424A. Voluntary contributions.

§ 2425A. Voidable agreements.

§ 2426A. Termination of agreements.

§ 2427A. Periodic reports and retention of records.

§ 2428A. Prohibited acts and practices.

§ 2429A. Notice of litigation.

§ 2430A. Advertising.

§ 2431A. Liability for the conduct of other persons.

§ 2432A. Powers of Attorney General.

§ 2433A. Administrative remedies.

§ 2434A. Suspension, revocation, or nonrenewal of license.

§ 2435A. Private enforcement.

§ 2436A. Violation of unfair or deceptive practices statute.

§ 2437A. Statute of limitations.

§ 2438A. Uniformity of application and construction.

§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act.