Chapter 25. Prohibited Trade Practices

Published: 2015

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Commerce and Trade


Other Laws Relating to Commerce and Trade


Subchapter IV. Distribution of Credit Cards

§ 2541 Definitions.
As used in this subchapter:
"Credit card" means any card or document entitling its holder to obtain any goods or services by the production of the card or document, and entitling its holder to tender payment for such goods and services at a later date.
6 Del. C. 1953, § 2541; 57 Del. Laws, c. 390.;

§ 2542 Prohibition upon distribution.
No person, or any representative thereof, shall distribute any credit card to any person, association, corporation, partnership, or any representative thereof, within this State unless such credit card shall have been requested or unless the issuer shall have given at least 14 days notice of intention to issue such card. The notice shall also include a conspicuous legend that the prospective holder has the right to refuse the credit card and shall be accompanied by a postage prepaid, preaddressed envelope or card upon which the prospective holder may indicate such refusal. Use of the credit card by the intended recipient shall constitute acceptance, but there shall be no liability by the intended recipient prior to the use of same. This subchapter shall not apply to the issuance of renewal or substitute cards.
6 Del. C. 1953, § 2542; 57 Del. Laws, c. 390; 70 Del. Laws, c. 186, § 1.;

§ 2543 Penalty.
Whoever violates § 2542 of this title shall be fined not less than $100 nor more than $500 for each offense.
6 Del. C. 1953, § 2543; 57 Del. Laws, c. 390.;

§ 2544 Injunctive relief.
Whenever the Attorney General has reason to believe that a violation of § 2542 of this title is a continuing practice, the Attorney General may apply to the Court of Chancery and may obtain the appropriate injunctive relief against any violator.
6 Del. C. 1953, § 2544; 57 Del. Laws, c. 390; 70 Del. Laws, c. 186, § 1.;