Delaware Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Delaware regulates telemarketing mainly through the Delaware Telemarketing Fraud Act, 6 Del. C. §§ 2501A to 2510A. The Act:

• requires sellers and telemarketing businesses to register with the Director of the Consumer Protection Unit of the Department of Justice and post a 50,000-dollar bond;
• prescribes opening and pre-payment disclosures;
• gives customers a seven-business-day cancellation right;
• requires express verifiable authorization for bank drafts;
• makes it unlawful to call a customer for 10 years after the customer says to stop.

Violations are also violations of the Delaware Consumer Fraud Act (CFA), 6 Del. C. § 2511 et seq.

Delaware does not maintain its own statewide do-not-call list, and it has no general statute regulating autodialed or prerecorded commercial calls. Those subjects are left to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the Federal Trade Commission's (FTC) Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310. Delaware's election law separately regulates political robocalls.

The Act states its purpose as follows: "to set standards of conduct for organized commercial telemarketing in or into the State and to protect consumers from unfair, deceptive or abusive practices by telemarketers and companies using established telemarketing methods to promote and sell products, services and investments." 6 Del. C. § 2501A.

Statutory quotations on this page are from the Delaware Code Online published by the Delaware Legislative Council.

Key statutes table

Detailed provisions

Do-not-call

Delaware has no statewide do-not-call registry in the current Code. Instead, it imposes a long-lasting company-specific do-not-call rule. It is a prohibited practice to:

Wilfully call or contact any customer by telephone for any purpose connected with or related to the sale or advertising of merchandise for 10 years after having been directed, orally or in writing, by the customer or any person acting on behalf of the customer with said customer's authorization, to cease and desist from said calls or contacts.

6 Del. C. § 2507A(a)(3). "For purpose of this section, a call or contact is 'wilful' if the person making or initiating the call or contact knows or should know of the customer's instruction to not call or contact." Id.

The 10-year period is twice the federal period. The federal rule requires that a do-not-call request be honored "for 5 years from the time the request is made." 47 C.F.R. § 64.1200(d)(6).

Registration and bond

Who must register. "Unless exempted under this section or § 2505A of this title, no person shall transact any business with any customer who is located in the State through telemarketing as a seller or a telemarketing business without having first obtained a certificate of registration from the Director of the Consumer Protection Unit of the Department of Justice." 6 Del. C. § 2503A(a). A "seller" is "any person who or which utilizes telemarketing or engages the services of a telemarketing business to promote, advertise, sell or distribute merchandise." § 2502A(9). A "telemarketing business" is "any person who or which engages in telemarketing on behalf of any seller in exchange for any consideration or compensation." § 2502A(13).

Application contents. The application must disclose, among other things:

• the registrant's names and principal place of business;
• criminal convictions, enforcement orders, and bankruptcies of the registrant and its personnel;
• the telemarketing businesses or sellers it works with;
• "Representative copies of any scripts, outlines or presentation materials to be used by the telemarketer when soliciting";
• a sworn and notarized statement of accuracy. § 2503A(c).

Bond. "Every registrant shall file with the Director a corporate surety bond in the principal sum of $50,000 in a form satisfactory to the Director with surety provided by a corporation authorized to do business in this State." § 2503A(d). The Director may accept a 50,000-dollar letter of credit instead. Id. The security "shall remain in effect for 3 years from the period the person ceases to operate in this State." § 2503A(d)(1). A registration "shall be deemed to be lapsed if, at any time, the surety bond or letter of credit expires or becomes ineffective for any reason." § 2503A(d)(2).

Fee and term. Each application must include "an administrative fee of $100 made payable to the 'Consumer Protection Fund'." § 2503A(i). A certificate entitles the holder "to act as a registered telemarketer for a period of 1 year from the effective date of the registration." § 2510A(a). Renewal applications are due "no less than 30 days before the end of the effective term." § 2503A(b). Material changes must be reported "within 30 calendar days of the registrant's discovery." § 2503A(j).

Exemptions from registration. Section 2503A exempts publicly traded corporations and their 60-percent-owned subsidiaries, and Section 501(c)(3) and (c)(6) organizations, if they are Delaware corporations or properly qualified foreign corporations. § 2503A(e). It also exempts telemarketing businesses working for those exempt corporations under compliance contracts, unless 25 percent or more of their revenue comes from sellers that must register. § 2503A(f).

Further exemptions cover:

• maintenance and repair solicitations;
• Public Service Commission regulated sellers;
• established Delaware retailers that meet sales tests;
• negative option and continuity plans;
• food sellers at 100 dollars or less per address;
• real estate licensees;
• cable television;
• magazine and newspaper publishers. § 2503A(g).

Violations. "Failing to satisfy the registration or security requirements of this section," submitting false information, or failing to disclose required information are violations of the Act and of § 2513. § 2503A(h). The Director may deny or revoke a registration on grounds that include violations of the Act, of other states' telemarketing laws, or of the federal "Telemarketing and Consumer Fraud and Abuse Prevention Act." § 2510A(b)(5). Before denying or revoking, the Director must give notice, an opportunity for a hearing, and written findings. § 2510A(c).

Calling hours

The Delaware statutes discussed on this page do not set calling hours for commercial telemarketing. The federal 8 a.m. to 9 p.m. window applies.

Delaware's election law sets the same window for political robocalls: "An automated call, as described in subsection (a) of this section, shall be received no earlier than 8 a.m. nor later then 9 p.m., as such time is determined in the State." 15 Del. C. § 8045A(b).

Call frequency

Delaware has no numeric limit on calls. The 10-year cease-and-desist rule in § 2507A(a)(3) is the principal limit on repeat contacts.

Automated dialing compared with Facebook v. Duguid

The Delaware Telemarketing Fraud Act does not regulate dialing equipment or prerecorded messages for commercial calls, and no Delaware statute adopts an autodialer definition. Federal law therefore governs. In Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the Supreme Court held that "a necessary feature of an autodialer under §227(a)(1)(A) is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called." The federal artificial or prerecorded voice rules apply regardless of the dialing equipment.

Political robocalls. A person making an automated call "in support of and/or against a candidate for public office and/or a political party shall fully disclose, at the start of such call and before any message is delivered," the name of the person on whose behalf the call is placed and the person who paid for it. 15 Del. C. § 8045A(a)(1), (2).

Text messages

The Act's definition of "solicitation" includes a notification or offer "Transmitted to a customer by or on behalf of a seller by any printed, audio, video, cinematic, telephonic or electronic means, including a computer." 6 Del. C. § 2502A(10). "Telemarketing," however, is defined as an organized campaign "conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers." § 2502A(12). No court decision addressing whether marketing texts are "telemarketing" under the Act was located.

Caller ID

The Delaware statutes discussed on this page do not contain a caller ID rule for telemarketers. The federal Truth in Caller ID Act, 47 U.S.C. § 227(e), and 47 C.F.R. § 64.1601(e) apply.

Disclosures and opt-out

Opening disclosures. "At the beginning of the call and prior to any sales pitch," the telemarketer must disclose that "the purpose of the telephone call is to sell specific merchandise," "The telemarketer's name and the name of the seller on whose behalf the solicitation is being made," and "Accurate information concerning the nature and description of the merchandise being offered for sale." 6 Del. C. § 2506A(a)(1).

Before payment. "Before completion of the initial sales call and before payment is requested," the telemarketer must disclose, among other things, "The total amount of money to be paid by the customer," any restrictions or conditions, any material aspect of refund and cancellation policies, and, for prize promotions, the odds and "The fact that no purchase or payment of any kind is required to win a prize or to participate in a prize promotion." § 2506A(a)(2).

No endorsement claims. It is prohibited to "Advertise or represent that registration as a telemarketer equals an endorsement or approval by any government or governmental agency of any state." § 2507A(a)(2).

Contracts and cancellation

Delaware gives telephone buyers a seven-business-day cancellation right. "The telemarketer's sales transaction shall only be considered final 7 business days after the customer has received a written notice as required by this subsection." 6 Del. C. § 2506A(b)(1). The notice must be in the language principally used in the sales presentation and in "not less than 12-point boldface type." § 2506A(b)(2). It must state, in substance:

You, the purchaser, may cancel this transaction without any penalty or obligation at any time prior to midnight of the seventh business day after receipt of this notice.

Id. Payments must be returned "within 10 business days following receipt by the seller of your written notice of cancellation." Id.

The cancellation requirements do not apply where the consumer gets a full refund on return, or a satisfaction guarantee, "when the consumer has at least 7 days to review goods or services after receipt of the goods or services by the consumer, and the seller shall process the refund within 30 days." § 2506A(c). The policy must be disclosed. Id.

Payment authorization. It is prohibited to "Obtain or submit for payment a check, draft or other form of negotiable paper drawn on a person's checking, savings, share or similar account without that person's express verifiable authorization." § 2507A(a)(1). Authorization may be a signed writing, the customer's signature on the instrument, a tape-recorded oral authorization with specified information, or a prior written confirmation. Id. An authorization "shall be deemed invalid if said authorization was induced by fraud, false pretenses, misrepresentation, false promises or failure to disclose material information." § 2507A(a)(1)e.

Other prohibited practices. The Act also prohibits:

• charging in advance to recover losses from prior telemarketing transactions;
• using couriers to collect payment "unless the merchandise is delivered with the opportunity to inspect it before any payment is collected." § 2507A(a)(5), (6).

Recordkeeping

"Any seller or telemarketing business shall preserve its individual records for a period of 24 months from the date the records are produced." 6 Del. C. § 2504A(a). The required records include scripts and promotional materials, prize recipient records, customer purchase records, employee records, and "All written or recorded authorizations required to be provided or received under this chapter." Id. Sellers and telemarketing businesses may allocate these duties by written agreement. Absent agreement, "the seller shall be deemed the responsible party under this chapter." § 2504A(b).

Exemptions

Section 2505A exempts the following practices from the entire chapter:

• "Solicitations in which the sale of merchandise is not completed and payment or authorization for payment is not required until after a face-to-face sales presentation";
• customer-initiated communications "that are not the result of any solicitation";
• business-to-business sales;
• charitable and fraternal solicitations;
• noncommercial fundraising by religious, charitable, political, educational, labor and social organizations;
• licensed insurance producers and registered securities professionals acting within their licenses;
• supervised financial institutions and their affiliates;
• qualifying catalog sellers;
• sales governed by Public Service Commission or Federal Communications Commission (FCC) tariffs. 6 Del. C. § 2505A(1) to (10).

Assisting violators

It is prohibited to "Assist, support or provide substantial assistance to any seller, telemarketer or telemarketing business when the person knew or should have known that the seller, telemarketer or telemarketing business was engaged in any act or practice in violation of this chapter." 6 Del. C. § 2507A(a)(4). The "should have known" standard is broader than the federal "knows or consciously avoids knowing" standard in 16 C.F.R. § 310.3(b).

Private right of action

The Act gives customers a direct remedy: "Any customer who suffers a loss or harm as a result of a violation or prohibited act or practice under this chapter, in addition to any other rights of action allowed by law, may recover actual and punitive damages, attorney's fees, court costs and any other remedies provided by law, including equitable relief." 6 Del. C. § 2508A(b). Also, "The sale of any merchandise by an unregistered, nonexempt seller or an unregistered, nonexempt telemarketing business shall be voidable." § 2508A(a).

Because violations of the Act are also violations of § 2513, the CFA's private action is available as well: "A private cause of action shall be available to any victim of a violation of this subchapter." 6 Del. C. § 2525(a).

Damages

Customers may recover "actual and punitive damages." 6 Del. C. § 2508A(b). The Act provides no statutory or per-call minimum damages. A customer who receives a call in violation of the 10-year cease-and-desist rule must show "a loss or harm" to recover under § 2508A(b).

Attorney fees

Section 2508A(b) authorizes recovery of "attorney's fees, court costs." The CFA's costs provision applies only to the State: the court "may award costs to the Attorney General for the use of the State." 6 Del. C. § 2526. The CFA sections discussed on this page do not provide for a private plaintiff's attorney fees.

Class action limits

Neither the Act nor the CFA sections discussed on this page contains a class action bar. Class actions would proceed under the Delaware court rules.

Statute of limitations

The Act contains no limitations period. Delaware's general three-year statute provides that "no action based on a statute" shall be brought "after the expiration of 3 years from the accruing of the cause of such action." 10 Del. C. § 8106(a). No decision applying that period to claims under § 2508A was located.

Attorney General enforcement

"All enforcement actions under this chapter by the Attorney General shall be undertaken in accordance with Chapter 25 of Title 29." 6 Del. C. § 2509A. Under the CFA, if a court finds a willful violation, "the person shall forfeit and pay to the State a civil penalty of not more than $10,000 for each violation." 6 Del. C. § 2522(b). "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." Id. The Court of Chancery may grant restraining orders and injunctions and may order restitution. § 2523.

Criminal fraud in telemarketing carries an enhancement. "Any person who violates § 1401 or § 1402 of Title 11 in connection with telemarketing shall, in addition, be guilty of a class F felony." 6 Del. C. § 2507A(b).

Political robocall violations "shall result in a civil fine of $25 per incident, as determined by each household in the State that was called." 15 Del. C. § 8045A(c).

Federal comparison

Delaware's principal additions to federal law are:

• the 10-year company-specific do-not-call period;
• the registration and bonding requirement;
• the seven-business-day cancellation right;
• the broader "should have known" standard for assisting violators.

The federal rule requires that a do-not-call request "must be honored for 5 years from the time the request is made." 47 C.F.R. § 64.1200(d)(6). A seller that purges internal do-not-call requests after five years under federal practice will violate Delaware law if it calls the same Delaware customer within 10 years and the call is willful.

Delaware relies on federal law for autodialer, prerecorded message, caller ID, and registry rules. Federal private remedies are therefore the main source of statutory damages for unwanted calls to Delaware residents. On texts, the Seventh Circuit held in July 2026 that 47 U.S.C. § 227(c)(5) does not reach text messages. Steidinger v. Blackstone Medical Services, LLC, No. 25-2398 (7th Cir. July 14, 2026).

Case law

No published decision construing the Delaware Telemarketing Fraud Act was located in official court sources. No case law PDF is included.

Recent amendments

The Act's source notes show amendments by 80 Del. Laws, c. 227. That act amended § 2503A and added § 2510A, which governs issuance, denial, renewal, and revocation of registration certificates. The source notes also reference 78 Del. Laws, c. 175, which amended § 2505A. No other recent amendments to the Act were identified.

Compliance checklist

• Determine whether a § 2503A or § 2505A exemption applies. If not, obtain a Delaware certificate of registration before telemarketing to Delaware customers, post the 50,000-dollar bond or letter of credit, pay the 100-dollar fee, and renew at least 30 days before the certificate expires.
• Honor stop-calling instructions from Delaware customers for 10 years, not the federal five, and record the date of each request.
• At the start of every call, before any pitch, state that the purpose is to sell specific merchandise, give the telemarketer's and seller's names, and accurately describe the product.
• Before taking payment, disclose the total cost, material conditions, refund and cancellation terms, and prize promotion details.
• Deliver the seven-business-day cancellation notice in 12-point bold type, or offer and disclose a qualifying seven-day review and 30-day refund policy.
• Obtain express verifiable authorization before submitting checks or drafts.
• Keep scripts, customer, prize, employee, and authorization records for 24 months, and allocate recordkeeping in writing with any telemarketing business.
• Vet clients and vendors, because liability for assisting violators attaches if you "should have known" of the violation.
• Follow federal registry, calling-hour, autodialer, prerecorded message, and caller ID rules, which supply those standards for Delaware calls.

References

• https://delcode.delaware.gov/title6/c025a/index.html
• https://delcode.delaware.gov/title6/c025/sc02/index.html
• https://delcode.delaware.gov/title10/c081/index.html
• https://delcode.delaware.gov/title15/c080/sc05/index.html
• https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.