DE SB 297
enactedAN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.
Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper
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Quick answers
Did DE SB 297 pass?
Yes. DE SB 297 has been enacted into law. Latest recorded action (2026-07-23): Signed by Governor
What is DE SB 297 about?
This Act adds a clarifying interpretive paragraph to the Delaware Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) to address a recent decision by the Delaware Supreme Court and to make clear that the Consumer Fraud Act’s use of the phrase “in connection with” in § 2513 should be interpreted to include unfair and deceptive acts and practices that occur “before, during, and after” the sale, lease, receipt, or advertisement of any merchandise. The Delaware Supreme Court recently construed the Consumer Fraud Act to be confined to conduct “between businesses and consumers which happen before a transaction or during the transaction itself.” Blue Beach Bungalows DE, LLC v. State, No. 14, 2025, 2025 WL 3768232, at *11 (Del. Dec. 30, 2025). However, in recognition of the broad purpose of the Consumer Fraud Act set forth by the 123rd General Assembly in Section 2512, subsequent amendments to the Consumer Fraud Act to include the “receipt” of merchandise, and the scope of comparable statutes in other states, this bill ensures that the Consumer Fraud Act is interpreted to apply to unfair or deceptive conduct that occurs after a sale, lease, receipt, or advertisement, including, but not limited to, conduct occurring in instances in which a sale, lease, receipt, or advertisement creates an ongoing relationship or a continuing obligation, or where performance has not yet been completed. This aligns the Consumer Fraud Act with Unfair or Deceptive Acts or Practices (“UDAP”) laws with similar language in other states, as well as many other UDAP laws, including the FTC Act, that cover post-transaction conduct. This Act will allow the Delaware Department of Justice to use the Consumer Fraud Act to address the full range of unfair and deceptive acts or practices that consumers report to the Delaware Department of Justice, including, for example, false and threatening landlord communications, unscrupulous debt collection tactics, and failures to honor promises to fix returned merchandise. It will also ensure that businesses throughout the state can compete on a level playing field throughout the duration of their relationships with consumers, without being undercut by unscrupulous competitors who engage in post-transaction misconduct. Additionally, it ensures that the Delaware Department of Justice is not disadvantaged when coordinating with other states to hold entities accountable for unfair or deceptive acts or practices that are nationwide in scope.
Who sponsors DE SB 297?
Cyndie Romer, Mara Gorman, Franklin D. Cooke and 8 others are the primary sponsors of DE SB 297.
Description
This Act adds a clarifying interpretive paragraph to the Delaware Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) to address a recent decision by the Delaware Supreme Court and to make clear that the Consumer Fraud Act’s use of the phrase “in connection with” in § 2513 should be interpreted to include unfair and deceptive acts and practices that occur “before, during, and after” the sale, lease, receipt, or advertisement of any merchandise. The Delaware Supreme Court recently construed the Consumer Fraud Act to be confined to conduct “between businesses and consumers which happen before a transaction or during the transaction itself.” Blue Beach Bungalows DE, LLC v. State, No. 14, 2025, 2025 WL 3768232, at *11 (Del. Dec. 30, 2025). However, in recognition of the broad purpose of the Consumer Fraud Act set forth by the 123rd General Assembly in Section 2512, subsequent amendments to the Consumer Fraud Act to include the “receipt” of merchandise, and the scope of comparable statutes in other states, this bill ensures that the Consumer Fraud Act is interpreted to apply to unfair or deceptive conduct that occurs after a sale, lease, receipt, or advertisement, including, but not limited to, conduct occurring in instances in which a sale, lease, receipt, or advertisement creates an ongoing relationship or a continuing obligation, or where performance has not yet been completed. This aligns the Consumer Fraud Act with Unfair or Deceptive Acts or Practices (“UDAP”) laws with similar language in other states, as well as many other UDAP laws, including the FTC Act, that cover post-transaction conduct. This Act will allow the Delaware Department of Justice to use the Consumer Fraud Act to address the full range of unfair and deceptive acts or practices that consumers report to the Delaware Department of Justice, including, for example, false and threatening landlord communications, unscrupulous debt collection tactics, and failures to honor promises to fix returned merchandise. It will also ensure that businesses throughout the state can compete on a level playing field throughout the duration of their relationships with consumers, without being undercut by unscrupulous competitors who engage in post-transaction misconduct. Additionally, it ensures that the Delaware Department of Justice is not disadvantaged when coordinating with other states to hold entities accountable for unfair or deceptive acts or practices that are nationwide in scope.
- Introduced
- 2026-05-04
- Latest action
- 2026-07-23 — Signed by Governor
- Bill type
- bill
- Last updated
- —
Sponsors
- Cyndie Romerprimary
- Mara Gormanprimary
- Franklin D. Cookeprimary
- Darius J. Brownprimary
- John "Jack" Walshprimary
- Laura V. Sturgeonprimary
- David P. Sokolaprimary
- Marie Pinkneyprimary
- Sarah McBrideprimary
- Nicole Pooreprimary
- Stephanie L. Hansenprimary
Committees
Not provided by source.
Action timeline
Newest first
2026-07-23
Signed by Governor
executive-signature
2026-06-25
Passed By House. Votes: 36 YES 1 NO 4 ABSENT
passage
2026-06-10
Reported Out of Committee (Judiciary) in House with 8 On Its Merits
committee-passage
2026-05-21
Assigned to Judiciary Committee in House
introduction,referral-committee
2026-05-20
Passed By Senate. Votes: 20 YES 1 ABSENT
passage
2026-05-13
Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 3 Favorable, 5 On Its Merits
committee-passage,committee-passage-favorable
2026-05-04
Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate
introduction,referral-committee
Versions
- Bill TextCompare
Documents
Votes
SM
2026-05-20 · pass · 20-0
Member-level votes (21)
- Darius J. Brown: yes
- Eric Buckson: yes
- Daniel Cruce: yes
- Stephanie L. Hansen: yes
- Gerald W. Hocker: yes
- Kyra L. Hoffner: yes
- Russell Huxtable: yes
- Dave G. Lawson: yes
- S. Elizabeth Lockman: yes
- Spiros Mantzavinos: yes
- Trey Paradee: yes
- Brian Pettyjohn: yes
- Marie Pinkney: yes
- Nicole Poore: yes
- Bryant L. Richardson: yes
- Ray Seigfried: yes
- David P. Sokola: other
- Laura V. Sturgeon: yes
- Bryan Townsend: yes
- John "Jack" Walsh: yes
- David L. Wilson: yes
2/3
2026-06-25 · pass · 36-1
Member-level votes (41)
- Alonna Berry: yes
- Stephanie T. Bolden: yes
- Frank Burns: yes
- William Bush: yes
- William J. Carson: yes
- Nnamdi O. Chukwuocha: yes
- Richard G. Collins: yes
- Franklin D. Cooke: yes
- Daniel B. Short: yes
- Timothy D. Dukes: other
- Mara Gorman: yes
- Ronald E. Gray: yes
- Krista Griffith: yes
- Kerri Evelyn Harris: yes
- Debra Heffernan: yes
- Kevin S Hensley: other
- Jeff Hilovsky: no
- Valerie Jones Giltner: yes
- Kendra Johnson: yes
- Kimberly Williams: yes
- Kamela T Smith: yes
- Larry Lambert: yes
- Sean M. Lynn: yes
- Michael F. Smith: yes
- Melissa Minor-Brown: yes
- Shannon Morris: other
- Eric Morrison: yes
- DeShanna U Neal: yes
- Josue O Ortega: yes
- Edward S. Osienski: yes
- Sophie Phillips: yes
- Charles S Postles Jr.: other
- Cyndie Romer: yes
- Melanie Ross Levin: yes
- Sherae'a Moore: yes
- Bryan W. Shupe: yes
- Claire Snyder-Hall: yes
- Jeffrey N. Spiegelman: yes
- Jesse R. Vanderwende: yes
- Madinah Wilson-Anton: yes
- Lyndon D. Yearick: yes
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-21T22:24:32.181666Z
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