§ 2583 — Cause of action; enhanced penalties

Delaware § 2583

• Jurisdiction: Delaware
• Title: 6
• Ch. 25: PROHIBITED TRADE PRACTICES
• Subch.: Enhanced Penalties when Elder Person or Person with a Disability Targeted

Text

(a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney’s fees.

(b) If a private cause of action is brought by the victim of a violation of this subchapter, and said victim was 65 years of age or older or a person with a disability when the violation occurred, the victim shall be entitled to recover 3 times the amount of the victim’s compensatory damages if a violation of this subchapter is established. Such treble damages shall be in addition to any other damages to which the victim is entitled pursuant to common law or other provisions of the Delaware Code.

(c) Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.

Legislative History

69 Del. Laws, c. 151, § 1 ; 74 Del. Laws, c. 113, §§ 3, 4 ; 78 Del. Laws, c. 179, §§ 15, 16