Ten years. That’s how long a Delaware customer’s request to stop sales calls lasts under the Delaware Telemarketing Fraud Act, compared with five under federal rules. The Act also requires many sellers and telemarketing firms to register with the Department of Justice and post a $50,000 bond, and it makes sales by unregistered, nonexempt sellers voidable. Its exemptions are broad, though, and its private remedy requires a customer who suffered loss or harm. A business facing a Delaware claim should start by testing both.
Who does Delaware’s telemarketing law cover?
Sellers and telemarketing businesses that solicit sales by phone to customers located in Delaware, unless an exemption applies.
The Delaware Telemarketing Fraud Act, 6 Del. C. ch. 25A, defines “Telemarketing” as “an organized activity, program or campaign by 1 or more telemarketers that is conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers.” A telemarketer is anyone who calls customers “located in the State,” from any location, and a person who “manages, directs or supervises” telemarketers is treated as causing the calls.
Exemptions in § 2505A remove large categories of callers. They include business-to-business sales, calls initiated by the customer that aren’t “the result of any solicitation,” licensed insurance agents acting within their license, registered broker-dealers, supervised financial institutions and their affiliates, sales completed only after a face-to-face presentation, and sales regulated by the Public Service Commission or the FCC.
Does a business need to register?
Many do. Unregistered sellers and telemarketing businesses risk voidable sales and state enforcement.
Section 2503A(a) provides that “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. Registrants must disclose their owners and scripts, along with banking information, and file “a corporate surety bond in the principal sum of $50,000” or an equivalent letter of credit.
Registration exemptions are separate from the chapter exemptions. Publicly traded companies and their majority-owned subsidiaries that are Delaware corporations or qualified foreign corporations are exempt, as are certain 501(c)(3) and (6) organizations and vendors calling for them under a written compliance contract. Retailers with a Delaware store for at least a year, sellers of maintenance contracts on goods they sold, and several regulated industries are exempt too.
What does the 10-year opt-out rule say?
A willful sales call to a customer who asked to stop is prohibited for 10 years after the request.
Under § 2507A(a)(3), 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.” A call is willful “if the person making or initiating the call or contact knows or should know of the customer’s instruction to not call or contact.”
The “should know” standard is close to negligence. Opt-outs that sit in a vendor’s system and never reach the seller’s suppression list are the classic risk. The safer course is to keep Delaware stop requests on the internal do-not-call list for at least a decade, regardless of the federal minimum.
The same section also reaches anyone who provides “substantial assistance” to a seller or telemarketer “when the person knew or should have known” of a violation, which puts lead vendors and platforms within reach.
What must a telemarketer disclose?
The sales purpose, the caller and seller names, and the merchandise, at the start of the call and before any pitch.
Section 2506A(a) requires disclosure “At the beginning of the call and prior to any sales pitch” of “That the purpose of the telephone call is to sell specific merchandise,” the caller’s and seller’s names, and accurate information about the merchandise. Before payment is requested, the caller must disclose the total price and material terms. Many sales are not final until seven business days after a written cancellation notice, unless the seller offers a qualifying refund or full-satisfaction policy.
Who can sue under the Act?
A customer who suffers loss or harm from a violation, for actual and punitive damages and fees.
Section 2508A(b) provides that “Any customer who suffers a loss or harm as a result of a violation or prohibited act or practice under this chapter” may recover “actual and punitive damages, attorney’s fees, court costs and any other remedies provided by law.” There are no statutory per-call damages. A customer who bought nothing will have trouble showing loss, though “harm” gives plaintiffs room to argue.
Most Delaware recipients pursue the federal TCPA, which allows $500 per violation, up to $1,500 if willful or knowing. Its Do Not Call rules in 47 C.F.R. § 64.1200 require honoring opt-outs for five years, half the Delaware period.
| Delaware rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Registration and $50,000 bond | 2503A | Voidable sales; state enforcement | Registration exemption; chapter exemption |
| Opening disclosures | 2506A(a) | Private claim with loss or harm | Scripts and recordings |
| Seven-day cancellation notice | 2506A(b) | Same | Qualifying refund policy |
| Calls after a stop request, for 10 years | 2507A(a)(3) | Same | Not willful; request never received |
| Substantial assistance | 2507A(a)(4) | Same | No knowledge; vendor diligence |
Steps to take when a Delaware claim arrives
- Lock down call recordings, dialer logs, and sales records for the Delaware customers involved, under a litigation hold.
- Search opt-out records, including vendor systems, for stop requests within the last 10 years.
- Collect National Registry scrub records and their version dates.
- Gather the registration certificate or exemption analysis, scripts, cancellation notices, and vendor contracts.
- Have a lawyer review the claim before contacting the customer or the Consumer Protection Unit.
Delaware matters usually come down to two questions: whether an exemption applies and whether the customer lost anything. More on defending telemarketing and Do Not Call claims is available, and a recent post covers federal caller identification requirements.
Questions about Delaware telemarketing law
Does Delaware’s law apply to calls to businesses?
No. Section 2505A exempts “Solicitations, telemarketing or the use of telephone equipment in connection with any sale of goods or services by a business supplier to a business or between businesses.” Federal rules can still apply to calls or texts placed to a business owner’s cell phone.
How long must a Delaware opt-out be honored?
Ten years from the request, under § 2507A(a)(3), if later calls are willful. Because “willful” includes calls where the caller should have known of the request, the practical answer is to suppress the number for the full decade.
Are insurance agents covered?
Licensed insurance agents and brokers are exempt from the chapter when their solicitations fall within the scope of their Delaware license. Federal TCPA and Do Not Call rules still apply to those calls.
What happens to sales made without registration?
Section 2508A(a) makes “The sale of any merchandise by an unregistered, nonexempt seller or an unregistered, nonexempt telemarketing business” voidable. A seller that relies on an exemption should document the basis before campaigns begin.
Defending Delaware telemarketing claims
If your company has received a Delaware complaint, a Consumer Protection Unit inquiry, or a lawsuit over sales calls, the exemptions and the opt-out records usually decide the matter. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving calls after an opt-out request. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
6 Del. C. §§ 2501A to 2510A; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 17, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.