Delaware § 4406 - Time of solicitation.

§ 4406. Time of solicitation.

(a) A door-to-door sale shall be solicited by a seller or a seller’s representative at a home between the hours of 9 a.m. to 8 p.m. prevailing Delaware time, only.

(b) For purposes of this section, the term “door-to-door sale” shall include a transaction that would be a door-to-door sale but for the $25 purchase price limitation in the definition of “door-to-door sale” in § 4403(3) of this title, regardless of the purchase price.

(c) This section does not apply to a door-to-door sale solicited:

(1) Via telephone, mail, e-mail, or Internet;

(2) Where the seller or the seller’s representative solicits a person or persons who have been invited to the owner’s, lessee’s, and/or resident’s home for the purpose of hearing the solicitation;

(3) Where the owner, lessee and/or resident of a home invited a seller or a seller’s representative into and/or to the home for the purpose of such solicitation;

(4) By a nonprofit organization under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) or Delaware law; or

(5) By a “public utility” or “cable television system” operator, as defined in § 102 of Title 26, or its agents, provided that such salespersons prominently display an identification card containing the name of the “public utility” or “cable television system” operator and in such a manner that a potential buyer shall be able to view it during any transaction with the seller or a representative thereof soliciting a door-to-door sale.

(d) Whoever violates this section shall for the first offense be fined not less than $75 nor more than $150. For each subsequent like offense the person shall be fined not less than $100 nor more than $250.

78 Del. Laws, c. 221, §  2;  85 Del. Laws, c. 315, § 1;