CHAPTER 420

FORMERLY

SENATE BILL NO. 209

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subsection (a) of §2513 of Title 6 of the Delaware Code by adding the following to the end of the existing language:

"It shall also be an unlawful practice to misrepresent the geographic location of a business or supplier which raises or sells flowers and/or ornamental plants by:

(1) listing a local telephone number in a local telephone directory if:

a. calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory other than to counties contiguous to this State; and

b. the listing fails to identify the locality and state of the supplier's business; or

(2) listing a fictitious business name or an assumed business name in a local telephone directory if:

a. the name misrepresents the supplier's geographic location; and

b. the listing fails to identify the locality and state of the supplier's business."

Section 2. Amend § 2511 of Title 6 of the Delaware Code by adding new paragraphs to read as follows:

"(2) 'Local telephone directory' means a telephone classified advertising directory or the business section of a telephone directory that is distributed free of charge to some or all telephone subscribers in a local area.

(3) 'Local telephone number' means a telephone number that has the three number prefix(es) used by the telephone service company(ies) for telephones physically located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers or toll or toll free numbers listed in a local telephone directory."

Section 3. Amend § 2511 of Title 6 of the Delaware Code by redesignating the existing paragraphs (2) through (4) as paragraphs (4) through (6) respectively."

Approved July 13, 1998