§ 2745 — Violations and penalties

Delaware § 2745

• Jurisdiction: Delaware
• Title: 5
• Part: Other Businesses Under Jurisdiction of State Banking Department
• Ch. 27: CASHING OF CHECKS, DRAFTS OR MONEY ORDERS
• Subch.: Regulatory Provisions

Text

(a) Whoever violates this chapter shall be fined not more than $500 or imprisoned not more than 1 year, or both.

(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 of competent jurisdiction finds that any person has wilfully 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 wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this chapter.

Legislative History

Code 1935, § 2408H; 46 Del. Laws, c. 287, § 1 ; 5 Del. C. 1953, § 2745; 73 Del. Laws, c. 405, § 1