Subchapter XIII. Penalties
TITLE 6
Commerce and Trade
SUBTITLE II
Other Laws Relating to Commerce and Trade
CHAPTER 43. RETAIL INSTALLMENT SALES
Subchapter XIII. Penalties
§ 4347. Violation as misdemeanor.
Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor.
6 Del. C. 1953, § 4347; 52 Del. Laws, c. 342.;
§ 4348. Knowledge by assignee of noncompliance with chapter as barring recovery of charges; recovery by buyer of charges paid.
In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any time price differential or service charge or of any delinquency, collection, extension, deferral or refinance charge imposed in connection with such contract or installment account and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer.
6 Del. C. 1953, § 4348; 52 Del. Laws, c. 342.;
§ 4349. Correction of failure of compliance with chapter.
Notwithstanding the provisions of this subchapter, any failure to comply with any provision of this chapter may be corrected within 10 days after the holder notices such failure or is notified thereof in writing by the buyer and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this subchapter.
6 Del. C. 1953, § 4349; 52 Del. Laws, c. 342.;
§ 4350. Wilful violations in connection with consolidated contracts as barring recovery of charges; recovery by buyer of charges paid.
Section 4349 of this title shall not apply to any person who wilfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating to a time price differential or service charge on a consolidated total of 2 or more contracts under §§ 4327-4332 of this title, and the buyer may recover from such person an amount equal to 3 times the total of the time price differentials or service charges and any delinquency, collection, extension, deferral or refinance charges imposed, contracted for or received on all contracts included in the consolidated total and the seller shall be barred from the recovery of any such charges.
6 Del. C. 1953, § 4350; 52 Del. Laws, c. 342.;