This Amendment establishes a private right of action for victims of a violation of this chapter, authorizing courts to grant appropriate legal or equitable relief.

Plain English Breakdown

The official source material does not specify what happens if the Attorney General disagrees with depositing restitution into the Consumer Protection Fund.

Amendment Establishing Private Right of Action for Ticket Price Violations

This amendment allows people who buy tickets that violate ticket price rules to sue the seller in court and get legal or equitable relief, including nominal damages and reasonable attorneys' fees.

What This Bill Does

• Allows anyone who buys a ticket that breaks the rules about ticket prices to take legal action against the person selling the ticket.
• If someone wins their case but no actual damage was done, they will receive nominal damages and reasonable attorney's fees.
• In cases where recovery exceeds actual damages, extra funds are allocated to the Consumer Protection Fund for equitable restitution.

Who It Names or Affects

• People who buy tickets that break ticket price rules
• Sellers of those tickets

Terms To Know

nominal damages

A small amount of money given to someone even if they didn't lose much, just because a rule was broken.

Consumer Protection Fund

A special fund used to help people who were hurt by unfair business practices.

Limits and Unknowns

• The exact rules about how the Consumer Protection Fund is used are not explained in this amendment.
• It's unclear what happens if the Attorney General does not agree with depositing restitution into the fund.

Official Summary Text

This Amendment establishes a private right of action for victims of a violation of this chapter, authorizing courts to grant appropriate legal or equitable relief. The Amendment ensures a recovery floor by mandating an award of nominal damages and reasonable attorneys’ fees in instances where a violation is established but actual damages are not incurred. In circumstances where a prevailing plaintiff obtains recovery exceeding their actual damages, those funds are allocated to the Consumer Protection Fund for equitable restitution for other affected consumers.
Additionally, this Amendment updates the title of § 2510N to reflect these enforcement and remedy provisions.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Seigfried

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 181

AMEND Senate Substitute No. 1 for Senate Bill No. 181 by deleting lines 99 through 101 in their entirety and inserting in lieu thereof the following:

“

§ 2510N. Enforcement.

(a) Any violation of the provisions of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of chapter 25 of this title.

(b) Any person responsible for setting the original base price of a ticket sold in violation of this chapter may bring an action in a court of competent jurisdiction for appropriate legal or equitable relief. If the person establishes a violation by a preponderance of the evidence, the court shall award nominal damages in the absence of actual damages, and shall award the prevailing plaintiff reasonable attorneys' fees and costs incurred in the prosecution of the action. The court may also award restitution to the affected consumers. Upon the agreement of the Attorney General, such restitution shall be deposited in the Consumer Protection Fund, established under § 2527 of this title for the purpose of administrating and providing restitution to affected consumers and, if eligible consumers cannot be identified after reasonable diligence, for any other permissible purposes under § 2527 of this title.

”.

SYNOPSIS

This Amendment establishes a private right of action for victims of a violation of this chapter, authorizing courts to grant appropriate legal or equitable relief. The Amendment ensures a recovery floor by mandating an award of nominal damages and reasonable attorneys’ fees in instances where a violation is established but actual damages are not incurred. In circumstances where a prevailing plaintiff obtains recovery exceeding their actual damages, those funds are allocated to the Consumer Protection Fund for equitable restitution for other affected consumers.

Additionally, this Amendment updates the title of § 2510N to reflect these enforcement and remedy provisions.

Author: Senator Seigfried