Delaware § 2737 Enforcement

Delaware Statutes

§ 2737 — Enforcement

Delaware·Title 6·Ch. 27 CONTRACTS·Subch. Consumer Contracts

(a)(1) Before bringing an action with respect to the automatic renewal of any contract containing an automatic renewal provision that is renewed in violation of § 2734 of this title, the consumer must provide the seller with notice of the violation and a request to cancel the extension of the contract. The consumer must send this notice by 1 of the following: a. Email. b. Mail. c. Any other method offered by the seller.

(2)An action may not be initiated under this chapter by the consumer against the seller for the cured violation of § 2734 of this title if, within 30 days of the consumer sending the notice required under paragraph (a)(1) of this section, the seller does all of the following: a. Cures the violation. b. Provides the consumer with a written statement that the alleged

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(a) (1) Before bringing an action with respect to the automatic renewal of any contract containing an automatic renewal provision that is renewed in violation of § 2734 of this title, the consumer must provide the seller with notice of the violation and a request to cancel the extension of the contract. The consumer must send this notice by 1 of the following:

a. Email.

b. Mail.

c. Any other method offered by the seller.

(2) An action may not be initiated under this chapter by the consumer against the seller for the cured violation of § 2734 of this title if, within 30 days of the consumer sending the notice required under paragraph (a)(1) of this section, the seller does all of the following:

a. Cures the violation.

b. Provides the consumer with a written statement that the alleged violation has been cured and that no further violations of that kind will occur and sends a copy of such statement to the Director of Consumer Protection of the Department of Justice.

(3) Nothing in this section precludes investigation or enforcement action by the Attorney General for violations of this chapter.

(b) In addition to any remedies a consumer may have at law or in equity, a violation of this subchapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.

(c) The automatic renewal provisions of this subchapter take effect on January 1, 2022.

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