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consumer protectionUnited States · Delaware (Statewide)Difficulty: Medium

Delaware Consumer Fraud Act / UDTPA Counterclaim Against Private Operator

The Delaware Consumer Fraud Act (6 Del. C. §2511-2527) and the Uniform Deceptive Trade Practices Act (6 Del. C. §2531-2536) prohibit deceptive practices in connection with the sale of services. Private parking operators (LAZ, ParkMobile, Republic, Colonial, ABM, SP+) demanding payment of inflated 'fines' on private lots in Wilmington, Newark, Dover, and Middletown are subject to both statutes. The UDTPA grants attorney fees and (in willful cases) treble damages, 6 Del. C. §2533. The DCFA grants actual damages and attorney fees, 6 Del. C. §2525. Private operators' use of 'CITATION' and threats of DMV reporting they cannot effect are deceptive.

Legal basis

6 Del. C. §2513 (DCFA prohibition); 6 Del. C. §2525 (private right); 6 Del. C. §2532 (UDTPA); 6 Del. C. §2533 (attorney fees and treble)

Sample appeal wording

TO: [Private Parking Operator] VIA CERTIFIED MAIL RE: Notice No. [#], Date [DATE], Location [LOT] This is my formal dispute and demand under the Delaware Consumer Fraud Act, 6 Del. C. §2511 et seq., and the Uniform Deceptive Trade Practices Act, 6 Del. C. §2531 et seq. The document mailed is a private invoice, not a government citation. Your use of 'CITATION' / 'VIOLATION' / 'FINE' and threat of '[DMV reporting / impound / collection]' is a deceptive practice in connection with services under 6 Del. C. §2513 and a deceptive trade practice under 6 Del. C. §2532. The DCFA permits actual damages and attorney fees under §2525; the UDTPA permits attorney fees and, for willful violations, treble damages, under §2533. I dispute the debt. Demand: (1) immediate withdrawal; (2) written confirmation no derogatory report has been or will be made; (3) cessation of communication. Failure within 20 days will result in suit. [NAME] [ADDRESS] [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • 6 Del. C. §2513, §2525
  • 6 Del. C. §2532, §2533
  • Stephenson v. Capano Dev., Inc., 462 A.2d 1069 (Del. 1983)

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