(a) The Attorney General or the Director may petition any court of competent jurisdiction to obtain recovery of a civil penalty as provided pursuant to this section. Such petition may be made whenever it appears to the Attorney General or the Director that a person subject to any order or injunction, issued pursuant to any provision of this chapter or any other law or regulation which the Division of Consumer Protection is charged to enforce, has wilfully violated such order or injunction, or breached a material term of an agreement forming the basis for a cease and desist order.
(b) A person who wilfully violates any such order or any such agreement shall forfeit and pay to the State an enhanced civil penalty of not more than $25,000 per violation.
(c) Any court in which the petition is brought may order the offender, if a violation is found, to cease and desist the unlawful practice. Any subsequent violation of the court's order may be sanctioned for contempt in addition to an enhanced civil penalty.
(d) Nothing in this section shall prevent the Attorney General or the Director from initiating any additional or alternative enforcement action under their lawful powers.
Structure Delaware Code
Chapter 25. STATE DEPARTMENT OF JUSTICE
Subchapter II. Consumer Protection
§ 2517. Division of Consumer Protection.
§ 2520. Enforcement authority.
§ 2521. Rules and regulations.
§ 2522. Proceedings; judicial remedies.
§ 2523. Administrative process and appeals.
§ 2524. Administrative remedies.