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 status 'Stricken' indicates this amendment was removed from consideration and did not pass as written.

Amendment Clarifying Exceptions for Government Actions and Fraud Claims

This amendment states that the chapter does not apply to government enforcement actions, common law fraud claims, or violations of specific state codes, unless the lawsuit is against someone handling consumer opinions.

What This Bill Does

• Clarifies that this chapter does not apply to actions by a governmental unit enforcing laws in an official capacity.
• Excludes actions based on common law fraud claims from the protections of this chapter.
• Excludes actions alleging violations of Subchapter II or III of Chapter 25 of Title 6 of the Delaware Code.
• States that the chapter still applies to these excluded types of actions if they are lawsuits against a person related to consumer opinions.

Who It Names or Affects

• Governmental units and their employees acting in an official capacity
• People involved in legal actions based on common law fraud claims or specific code violations, unless the action involves handling consumer opinions

Limits and Unknowns

• The amendment was stricken (removed) from consideration by the House on June 25, 2025.
• No effective date is listed because the bill did not become law in this record.

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.