CHAPTER 405

FORMERLY

HOUSE BILL NO. 566

AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON FEES AND CHARGES FOR CASHING CHECKS OR MONEY ORDERS.

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

Section 1. Amend §2745, Title 5 of the Delaware Code, by designating the existing language as subsection (a), and by adding a new subsection thereto as follows:

"(b) Any person who suffers a loss due to a violation of this Chapter by another shall have a private cause of action against such person. If damages are awarded to an aggrieved party as a result of a violation of this Chapter, such damages awarded shall be treble the amount of the actual damages proved.

(c) If a court competent jurisdiction finds that any person has willfully violated this Chapter, the person shall forfeit and pay to the State or the aggrieved party, as the case may be, a civil penalty of not less than $250 nor more than $500 for the first violation, and not less than $500 nor more than $1,000 for each subsequent violation. For purposes of this subsection, a willful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this Chapter."

Approved July 09, 2002