CHAPTER 310

FORMERLY

HOUSE BILL NO. 221

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CREDIT SERVICES ORGANIZATIONS.

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

Section 1. Amend Chapter 24, Title 6 of the Delaware Code by deleting § 2409 and § 2410 in their entirety and inserting in lieu thereof the following:

"§ 2409. Private Enforcement.

(a) A buyer injured by a violation of this chapter may bring an action for injunctive relief or recovery of damages, or both. The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include punitive damages.

(b) In a civil action under subsection (a) of this section, the Court, in its discretion, may allow reasonable attorney’s fees and court costs to the prevailing buyer.

§ 2410. Enforcement by the Attorney General.

(a) The Attorney General shall have the same authority to enforce and carry out this subchapter as granted by § 2517 of Title 29 and by §§ 2511-2527 and §§ 2531-2536 of this title.

(b) Any violation of § 2403 of this title shall be deemed an unlawful practice in violation of § 2513 of this title.".

Approved June 28, 2010