§ 2522 — Proceedings brought by the Attorney General

(a) Whenever it appears to the Attorney General that a person has engaged in, is engaging in or is about to engage in any practice declared by this subchapter to be unlawful, the Attorney General may institute an action in accordance with subchapter II of Chapter 25 of Title 29 in order to enjoin such practices or any acts being done in furtherance thereof. The complaint shall state the nature of the conduct constituting a violation of this subchapter and the relief sought thereunder.

(b) If a court of competent jurisdiction finds that any person has wilfully violated this subchapter, upon petition to the court by the Attorney General in the original complaint or made at any time following the court’s finding of a wilful violation, the person shall forfeit and pay to the State a civil penalty of not more than $10,000 for each violation. For purposes of this subchapter, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this subchapter.

(c) If a court of competent jurisdiction finds that any person has violated this subchapter, upon petition to the court by the Attorney General in the original complaint or made at any time following the court’s finding of a violation, the court may order the violator to cease and desist the unlawful conduct prospectively, return any moneys obtained unlawfully, and when appropriate freeze designated assets of the violator, order restitution, rescission, or recoupment, or grant other relief appropriate to prevent violators from being unjustly enriched.

Legislative History

6 Del. C. 1953, § 2522; 55 Del. Laws, c. 46 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 470, § 3 ; 77 Del. Laws, c. 282, § 1 ; 78 Del. Laws, c. 219, § 1 ; 84 Del. Laws, c. 444, § 1