Delaware § 7615 - Penalties; grace period for compliance; limitation of liability.

§ 7615. Penalties; grace period for compliance; limitation of liability.

(a) Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor.

(b) In case of a violation of this chapter with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300 or 25 percent of the lease payment necessary to acquire ownership, whichever is greater, attorneys’ fees and court costs.

(c) Notwithstanding this section, any failure to comply with this chapter may be corrected within 10 days after the date of execution of the lease-purchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this section.

(d) A lessor is not liable under this section for damages in excess of the actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation resulted from a bona fide error notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error. As used in this section, “bona fide error” includes, but is not limited to: Clerical, calculation, computer malfunction and programming and printing errors.

68 Del. Laws, c. 59, §  1;