Delaware Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Delaware's Consumer Fraud Act makes a private lawsuit available to "any victim of a violation," and you do not have to wait for the Attorney General to act first. The catch is in what counts as a violation: the deception has to be "in connection with the sale, lease, receipt, or advertisement of any merchandise," and the Act's private-action section does not say what damages a winning victim recovers, whether the other side pays your lawyer, or how long you have to sue.

Older and disabled victims get more. Under a separate part of the same chapter, a victim who is 65 or older, or who has a disability, can recover actual damages, court costs and reasonable attorney's fees, and the statute provides for three times compensatory damages when a violation of that subchapter is established. Delaware also lets a bank or credit union hold a suspicious transaction for 10 business days after it reports suspected financial exploitation, and the Attorney General's Consumer Protection Unit takes complaints online and mediates many of them.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers Delaware state law: the Consumer Fraud Act and Deceptive Trade Practices Act (Title 6, chapter 25 of the Delaware Code), Delaware complaint offices, Delaware protections for older and vulnerable adults, and Delaware court limits. Federal refund and reporting rights are summarized briefly and covered on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in Delaware

Call the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away. That company is usually the only one that can stop or reverse a payment, and your federal rights depend on how you paid. Our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers.

Then report it. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The Delaware offices below are in addition to those, not instead of them. If the scammer got your Social Security number or account details, see Delaware identity theft laws.

Where to report a scam in Delaware

The Consumer Protection Unit is candid about what most complaints are. Its complaint page says "Consumer fraud always involves a lie or deception," but that in most instances the problem "is a contract dispute between a consumer and a business, contractor or landlord," which intake investigators try to resolve through informal mediation. "If the complaint involves a possible violation of a consumer protection law, the complaint is referred to a supervisor for review." And: "If mediation is not successful and no law has been broken, the consumer will have to contact an attorney to take further action."

If you cannot use the online form, the page says to "call (800) 220-5424 or e-mail consumer.protection@delaware.gov for assistance." The Consumer Mediation Unit's page offers archival PDF versions of the complaint form in Spanish (Español) and several other languages, and the Investor Protection Unit's cryptocurrency complaint form is also offered in Spanish.

Delaware's consumer protection law: can you sue?

Sometimes, and it depends on how the scam happened. The Consumer Protection Unit says "the two primary statutes enforced by the Consumer Protection Unit are the Consumer Fraud Act and the Deceptive Trade Practices Act." They work differently, so take them one at a time.

The Consumer Fraud Act

Section 2513(a) of Title 6 defines the unlawful practice:

"The act, use, or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, in connection with the sale, lease, receipt, or advertisement of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is an unlawful practice."

"Merchandise" is broad: section 2511(6) defines it as "any objects, wares, goods, commodities, intangibles, real estate or services." Section 2513(c) adds that "in connection with" includes unfair or deceptive conduct that "occurs before, during, or after the sale, lease, receipt, or advertisement of any merchandise."

The private right to sue is in section 2525(a):

"A private cause of action shall be available to any victim of a violation of this subchapter. Such cause of action may be brought in any court of competent jurisdiction in this State without prior action by the Attorney General as provided for in this subchapter."

Two things follow from the text. First, the Act uses the word "victim" and does not limit suits to a defined "consumer," and section 2525 contains no pre-suit notice requirement. Second, the deception still has to be connected to the sale, lease, receipt or advertisement of merchandise. A buyer misled by a seller, contractor or online store fits that description easily. A person who was tricked into sending money to an impostor, a fake romance partner or a fake government agent, without buying anything, may or may not fit; section 2512 says the subchapter "shall be liberally construed," but this guide has not confirmed how Delaware courts treat those cases. A Delaware lawyer can tell you whether your facts fit.

What you can recover is not spelled out. Section 2525 itself does not set a damages measure, a multiplier or a fee-shifting rule. The Delaware Supreme Court has filled part of that gap: in Stephenson v. Capano Development, Inc., 462 A.2d 1069 (Del. 1983), it said Delaware law "recognizes two measures of damages, both in cases of fraud or deceit and for violations of the Act" (the benefit-of-the-bargain and out-of-pocket measures), and that where the fraud is "gross, oppressive, or aggravated" a plaintiff "may recover punitive damages whether he sues in tort or under the consumer fraud statute," but only if compensatory damages are also awarded. The money provisions elsewhere in the Act belong to the Attorney General: in a state enforcement case, a court may order the violator to "return any moneys obtained unlawfully" and "order restitution, rescission, or recoupment" (section 2522(c)), and a wilful violation carries a civil penalty "of not more than $10,000 for each violation" (section 2522(b)). That penalty is paid to the state, not to the victim.

Exclusions. Section 2513(b) says the section does not apply to a newspaper, magazine, radio or television owner who ran an ad without knowing the advertiser's intent; to "any advertisement or merchandising practice which is subject to and complies with the rules and regulations, of and the statutes administered by, the Federal Trade Commission"; or to matters under the jurisdiction of the Public Service Commission or the Insurance Commissioner, with a limited exception.

The Deceptive Trade Practices Act: mainly a court order to stop

Delaware's Uniform Deceptive Trade Practices Act (6 Del. C. sections 2531-2536) covers deceptive practices by a person acting "in the course of a business, vocation, or occupation," such as passing off goods or services as someone else's or causing confusion about "the source, sponsorship, approval, or certification of goods or services." Its own named remedy for a private party is an injunction: "A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it," and "proof of monetary damage, loss of profits, or intent to deceive, is not required" (section 2533(a)).

Fees are limited. "The court in exceptional cases may award reasonable attorneys' fees to the prevailing party," and fees or costs can be assessed against a defendant "only if the court finds that defendant has wilfully engaged in a deceptive trade practice" (section 2533(b)).

The DTPA also contains a treble-damages sentence, but it is tied to damages awarded under other law, not to a finding of willfulness. Section 2533(c) says:

"The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. If damages are awarded to the aggrieved party under the common law or other statutes of this State, such damages awarded shall be treble the amount of the actual damages proved."

How Delaware courts apply that sentence to a fraud or Consumer Fraud Act award has not been confirmed for this guide, so do not count on tripled damages without a lawyer's advice. The DTPA separately lets the Attorney General seek a civil penalty of up to $10,000 per wilful violation (section 2533(e)), which goes to the state.

Telemarketing sellers must register

Under Delaware's telemarketing registration law, "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" (6 Del. C. section 2503A(a)). A sale by an unregistered, nonexempt seller "shall be voidable" (section 2508A(a)), and a customer who suffers a loss or harm from a violation "may recover actual and punitive damages, attorney's fees, court costs and any other remedies provided by law, including equitable relief" (section 2508A(b)). Some sellers and practices are exempt under section 2505A, which this guide has not reviewed, so check whether the caller was covered before relying on this remedy.

The deadline

Delaware's general civil limitation period in 10 Del. C. section 8106(a) says "no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action," subject to listed exceptions. Which period governs a Consumer Fraud Act, DTPA or common-law fraud claim, and whether the clock can start later because the fraud was hidden, has not been confirmed for this guide. Treat three years as a warning, not a promise, and talk to a lawyer well before then.

Protections for older adults in Delaware

A civil lawsuit with treble damages for victims 65 and older

Subchapter VIII of Title 6, chapter 25 (sections 2580-2584) adds protections for an "elder person," defined as "a person who is 65 years of age or older" (section 2580(a)), and for persons with a disability. Section 2583 gives these victims their own cause of action:

"(a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney's fees.

(b) If a private cause of action is brought by the victim of a violation of this subchapter, and said victim was 65 years of age or older or a person with a disability when the violation occurred, the victim shall be entitled to recover 3 times the amount of the victim's compensatory damages if a violation of this subchapter is established. Such treble damages shall be in addition to any other damages to which the victim is entitled pursuant to common law or other provisions of the Delaware Code."

Notice the wording. Subsection (a) reaches "an offense or violation described in this chapter," which covers the whole of chapter 25, including the Consumer Fraud Act. Subsection (b), the treble-damages sentence, speaks of "a violation of this subchapter." How courts read that difference has not been confirmed here, so ask a lawyer whether trebling applies to your claim. The text of section 2583 contains no willfulness requirement.

Separately, when a violation of chapter 25 is committed against an elder person or a person with a disability, "the court may impose an additional civil penalty not to exceed $10,000 for each violation" (section 2581(a)). That is a penalty in an enforcement case, not money paid to the victim.

Scamming an older person is a felony

Delaware treats obtaining property by deception as theft. Under 11 Del. C. section 843, a person commits theft by false pretense when they obtain "property of another person by intentionally creating or reinforcing a false impression as to a present or past fact," and section 844 covers theft by false promise. Those offenses reach any perpetrator, including a stranger.

The age of the victim changes the grade. Section 841(c)(1) says: "Theft is a class A misdemeanor, unless a victim is 62 years of age or older, or an 'adult who is impaired' as defined in § 3902 of Title 31, or a 'person with a disability' as defined in § 3901(a)(2) of Title 12, in which case theft is a class G felony." Where the value is more than $1,500 and the victim is 62 or older (or an impaired adult), theft is a class F felony (section 841(c)(3)b). In every theft case, "the sentencing judge shall require full restitution to the victim" (section 841(d)).

A separate crime, exploitation under 31 Del. C. section 3913(b), applies only when the victim is "an adult who is impaired or an adult who is incapacitated." It is graded by the value of the resources taken, from a class A misdemeanor below $500 to a class C felony at $50,000 or more.

Reporting exploitation

The Department of Justice's Senior Protection Initiative page says: "If you suspect a senior citizen is a victim of abuse, neglect or financial exploitation, please call Delaware's Adult Protective Services at 1-800-223-9074 and your local police agency." The same page lists a Senior Legal Helpline at (302) 478-8850. For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help; see where to report a scam.

Reporting is mandatory in some cases. Under 31 Del. C. section 3910(a)(1), a person "having reasonable cause to believe that an adult who is impaired or an adult who is incapacitated and is in need of protective services shall report the information supporting reasonable cause to the Department."

Banks must follow a reporting plan, and may hold the money

Delaware's rule for banks and credit unions applies to an account holder who is an "elderly person or vulnerable adult," as Title 31 defines those terms. An employee with direct contact who has reasonable cause to believe the customer "may be subject to past, current, or attempted financial exploitation" must follow the institution's internal written reporting procedure (section 3910(c)(1)). The institution reports in writing to the state by the earlier of the date it completes its investigation or 5 business days after it identifies a suspicious transaction (section 3910(c)(2)).

Then the hold. Section 3910(c)(4) says:

"The financial institution may place a hold on a proposed transaction for a period of 10 business days following the filing of a report to the Department under paragraph (c)(1) of this section. The financial institution may hold the proposed transaction an additional 30 business days at the request of an investigating federal or state agency or if the financial institution has not heard from either the Department or the Delaware Department of Justice. The financial institution may also seek injunctive relief from a court of competent jurisdiction."

This is permission, not a duty: "Unless the Department or the Delaware Department of Justice requests a hold, a financial institution is not required to hold a transaction" (section 3910(e)). The law gives the bank immunity for good-faith reporting and holding decisions; it does not give the customer a right to demand a hold. If you are worried about a parent who is about to send money, tell the bank or credit union directly that you suspect a scam, since its reporting and hold powers start with its own reasonable cause to believe exploitation may be happening.

Delaware laws aimed at specific scams

Gift card scam warnings in stores

Delaware requires stores to warn buyers of physical gift cards. Under 6 Del. C. section 2501L, a seller may not sell a gift card unless it "displays a conspicuous notice at or near where the gift card is physically displayed or at or near each physical location where the sale occurs," and the notice "must caution the purchaser about prepaid card scams and instruct the purchaser on what to do if they suspect they might be a potential victim of such a scam." The section applies to a "tangible electronic payment device," so it is aimed at cards sold in person. It does not itself state a penalty or a private remedy.

Door-to-door sales

Under Delaware's Home Solicitation Sales Act (6 Del. C. chapter 44), a door-to-door seller must give the buyer a contract in the language of the sales presentation, such as Spanish, with this notice: "YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION" (section 4404(1)). Violations are "an unlawful practice within the meaning of § 2513," the Consumer Fraud Act. Door-to-door salespeople need an identification card from the Department of Finance (section 4405), and soliciting is limited to "between the hours of 9 a.m. to 8 p.m." (section 4406).

Crypto ATMs (virtual currency kiosks)

HB 441 did not pass. House Bill 441 of the 153rd General Assembly, introduced May 21, 2026, would have prohibited cryptocurrency kiosks and required existing ones to be removed within 90 days. As of October 2, 2026, the General Assembly's bill page still lists it as "Awaiting consideration in Committee" in the Senate Banking, Business, Insurance and Technology Committee, with a status date of June 11, 2026, and no effective date. It is not law. A similar bill could be filed in a later session.

SB 18 is signed but not yet implemented. Senate Bill 18, the "Delaware Money Transmission and Virtual Currency Modernization Act," was signed on July 6, 2026. It replaces Title 5, chapter 23 of the Delaware Code and, according to its synopsis, provides "a 10-day refund window for certain transmissions." Section 3 of the Act makes it "effective immediately" but says it is "to be implemented" on the earlier of one year from enactment (about July 6, 2027) or notice by the State Banking Commissioner "published in the Register of Regulations that final regulations to implement this Act have been promulgated." Once operative, a person "may not engage in virtual-currency business activity" (which includes "exchanging, transferring, or storing virtual currency as part of a business or on behalf of a customer") unless licensed or exempt (5 Del. C. section 2335(a)), and licensees must disclose, before the relationship starts, "the irrevocability of a transfer or exchange" and "that virtual currency is not money" (section 2336(b)). The new chapter has no kiosk-specific rules such as daily limits or a scam-victim refund, and whether a crypto ATM operator will need this license, and whether the refund window reaches virtual currency, has not been confirmed.

If you lost money at a crypto ATM, report it to the Investor Protection Unit's cryptocurrency complaint form and to the federal agencies in our where to report a scam guide.

Suing a scammer or a business in Delaware

Justice of the Peace Court. Delaware's Justice of the Peace Court hears civil actions where "the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000" (10 Del. C. section 9301(1)). The statute lists contract actions and certain property-damage and property-taking claims; whether a fraud or Consumer Fraud Act claim can be heard there has not been confirmed for this guide, so check with the court before filing.

Deadlines. The general three-year period in 10 Del. C. section 8106(a) is discussed above; its application to fraud claims has not been confirmed. Our Delaware statute of limitations guide covers other civil deadlines.

Who you can actually reach. A lawsuit needs a defendant you can identify, serve and collect from. That often works against a Delaware business, contractor or seller with a real address. It usually does not work against an anonymous scammer who called from a spoofed number, used a fake profile or moved the money overseas. In those cases the payment company, a fast report to law enforcement and protecting your identity are where your effort pays off. Our guide to when a lawyer helps after a scam explains when legal help is worth it. If a collector is now pressing you over a debt tied to a scam, see Delaware debt collection laws.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Zelle and payment app scams
• Elder fraud
• Crypto and investment scams
• Gift card scams
• Delaware identity theft laws
• Delaware debt collection laws
• Delaware statute of limitations

Last updated: October 2, 2026.

This article provides general legal information about Delaware law as verified on October 2, 2026. It is not legal advice. For your specific situation, contact your bank or payment company, the Delaware office named above, or a lawyer licensed in Delaware.

Frequently Asked Questions

Can I sue a scammer in Delaware?

Possibly, if you can identify and serve them and the deception was connected with the sale, lease, receipt or advertisement of merchandise (goods, services, intangibles or real estate). 6 Del. C. section 2525 makes a private suit available to any victim of a Consumer Fraud Act violation, but an anonymous or overseas scammer is usually not reachable through a Delaware court.

Does Delaware's Consumer Fraud Act give triple damages?

The private-action section, 6 Del. C. section 2525, does not state a damages formula or multiplier, though the Delaware Supreme Court has said ordinary fraud damages apply to violations of the Act and punitive damages are possible for gross fraud (Stephenson v. Capano Development, 1983). Victims 65 or older or with a disability have a separate claim under section 2583 for actual damages, costs and attorney's fees, with 3 times compensatory damages when a violation of that subchapter is established.

How do I report a scam in Delaware?

File a complaint with the Delaware Department of Justice Consumer Protection Unit online, call (800) 220-5424 or email consumer.protection@delaware.gov. Investment and crypto scams go to the Investor Protection Unit at (302) 577-8424, and federal reports go to the FTC and the FBI's IC3.

Will the Delaware Attorney General get my money back?

It may try through mediation. Intake investigators mediate many complaints by phone or letter and refer possible law violations to a supervisor, but the office says that if mediation fails and no law was broken, the consumer will have to contact an attorney. Call your payment company right away too.

Who do I call if an older person in Delaware is being scammed?

The Delaware Department of Justice says to call Adult Protective Services at 1-800-223-9074 and your local police. The federal DOJ Elder Fraud Hotline (833-372-8311) also helps with fraud against anyone 60 or older.

Can a Delaware bank freeze a transaction if it suspects elder fraud?

Yes, but it is optional. Under 31 Del. C. section 3910(c)(4), after filing a report a bank or credit union may hold the transaction for 10 business days and up to 30 more in some cases. It is not required to hold a transaction unless the Department of Health and Social Services or the Department of Justice requests a hold.

Is scamming a senior a felony in Delaware?

Theft, including theft by false pretense or false promise, is a class G felony when the victim is 62 or older, and a class F felony when more than $1,500 is taken from a victim 62 or older (11 Del. C. section 841). Thefts over $50,000 are class D felonies, and $100,000 or more class B felonies, at any victim age. The judge must require full restitution.

Does Delaware regulate crypto ATMs?

HB 441, a 2026 bill to ban crypto kiosks, stalled in a Senate committee and is not law. SB 18, signed July 6, 2026, will license virtual-currency businesses once it is implemented, by about July 6, 2027 at the latest, but it has no kiosk-specific limits or refund rule.

What is the small claims limit in Delaware?

The Justice of the Peace Court hears certain civil claims where the amount does not exceed $25,000 (10 Del. C. section 9301). Whether a fraud claim fits there has not been confirmed, so check with the court.

How long do I have to sue for fraud in Delaware?

Delaware's general civil limitation period for actions based on a promise or a statute is 3 years (10 Del. C. section 8106), but which period applies to a fraud or Consumer Fraud Act claim, and when it starts, has not been confirmed. Talk to a Delaware lawyer early.