This Amendment clarifies that this chapter does not apply to an action: 1) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance; 2) based on a common law fraud claim; or 3) alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.

Plain English Breakdown

The candidate explanation includes a claim not supported by the official source material regarding the application of the chapter to actions involving consumer opinions and reviews. This was removed as it contradicts the provided information.

Amendment Clarifying Exceptions for Certain Actions

This amendment clarifies that certain actions are not covered by a specific chapter in Delaware law, including those taken by government units to enforce laws and regulations, fraud claims based on common law, and violations of specific subchapters related to businesses.

What This Bill Does

• Clarifies that the chapter does not apply when an action is taken by a governmental unit or its employees to enforce laws, regulations, or ordinances.
• Excludes actions based on common law fraud claims from being covered under this chapter.
• Does not cover actions alleging violations of specific subchapters related to businesses in Delaware's Title 6.
• Specifies that the chapter applies when legal action is taken against someone for handling consumer opinions and reviews about businesses.

Who It Names or Affects

• Governmental units and their employees acting officially.
• People involved in common law fraud claims.
• Businesses and individuals dealing with consumer complaints or reviews.

Terms To Know

Common Law Fraud Claim

A legal claim based on traditional court decisions rather than a written statute, where someone is accused of intentionally deceiving another person for personal gain.

Subchapter II or III of Chapter 25 of Title 6

Specific sections in Delaware's laws that deal with certain business regulations and practices.

Limits and Unknowns

• The amendment does not specify what happens if the cause of action involves both consumer opinions and other types of claims.
• It is unclear how this amendment will be enforced or interpreted by courts.
• This bill was stricken in the House on June 25, 2025.

Official Summary Text

This Amendment clarifies that this chapter does not apply to an action: 1) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance; 2) based on a common law fraud claim; or 3) alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.
However, it does apply to such actions when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Burns

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

SENATE BILL NO. 80

AMEND Senate Bill No. 80 on line 20 by deleting “

This

” as it appears therein and inserting in lieu thereof “

Except as provided in paragraph (d) of this subsection, this

”.

FURTHER AMEND Senate Bill No. 80 on line 20 by deleting “

action asserted:

” as it appears therein and inserting in lieu thereof “

action:

”.

FURTHER AMEND Senate Bill No. 80 on line 24 by deleting “

law to protect against an imminent threat to public health or safety; or

” as it appears therein and inserting in lieu thereof “

law, regulation, or ordinance;

”.

FURTHER AMEND Senate Bill No. 80 on line 26 by deleting “

services.

” as it appears therein and inserting in lieu thereof “

services;

”.

FURTHER AMEND Senate Bill No. 80 after line 26 and before line 27 by inserting the following:

“

(4) Based on a common law fraud claim; or

(5) Alleging a violation of either Subchapter II or III of Chapter 25 of Title 6.

(d) This chapter applies to a cause of action asserted under (c)(3), (4), or (5) of this subsection when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.

”.

SYNOPSIS

This Amendment clarifies that this chapter does not apply to an action: 1) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance; 2) based on a common law fraud claim; or 3) alleging a violation of either Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.

However, it does apply to such actions when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.