(Wilmington, DE): Attorney General Carl C. Danberg announced today that Delaware’s Clean
Credit and Identity Theft Prevention Act will go into effect on September 29, 2006. This new law will go
far to protect consumers from becoming victims of identity theft and to help consumers who have been victimized.
The new Act allows all consumers to place security freezes on their credit reports regardless of
whether they have been victimized by an identity thief. Consumers can place a security freeze by
notifying the three major consumer reporting agencies by mail. Contact information for the consumer
reporting agencies is available by calling the Attorney General’s Consumer Protection Unit at 800-220- 5424 or on the Attorney General’s website at www.state.de.us/attgen.
A security freeze prohibits the agencies from releasing all or any part of the consumer’s credit
report without the express authorization of the consumer. This will prevent an identity thief from using
any stolen personal information to open unauthorized accounts. Consumers will be able to lift or “thaw” the freeze through a personal identification number or password. Each agency may charge a consumer $20 for the personal identification number or password. However, victims of identity theft will not be charged any fee for placement of a security freeze.
The new law also requires the police agency with jurisdiction over the consumer’s actual residence to take a report from a consumer who knows or reasonably believes that he or she has been the victim of identity theft. The person making the complaint must be given a copy of the police report which is important as creditors often require a copy of the police report or the complaint number to verify a consumer’s representation that a thief is responsible for charges made in the consumer’s
name.
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(Wilmington, DE) Attorney General Carl C. Danberg announced today that Delaware
joined with nine other States in reaching an agreement with a national marketing group whose
deceptive auto sale advertisements misled consumers. The States alleged that two Ohio
corporations, Gunning & Associates Marketing Inc. and Fleet Liquidators of America, Inc., also
known a National Fleet Liquidators and G & A Marketing, created sales campaigns and advertising
that misled consumers about the reasons for the sales and supposedly low prices. The companies
did not admit that they violated the law.
The States investigated promotions leading up to the auto sales and how the sales were
conducted. Investigators found that Gunning & Associates contracted with dozens of dealerships
throughout the United States and received percentages of both the “front end” and “back end”
profit for each vehicle sold.
“Not only is this a good settlement for car-buying consumers everywhere but it sends a
strong message to those ‘copy cat’ companies operating throughout the United States to stop the
practice and avoid being prosecuted by law enforcement,” Attorney General Danberg said.
Under the agreement, the companies will change the way they do business and
permanently refrain from misleading and deceptive advertising. In addition, the companies will pay
$300,000 to the States for consumer restitution, costs, education and other consumer protection
purposes. As no Delaware consumers were harmed by these campaigns, the $32,500 that will be
paid to Delaware will be used for investigation and prosecution of consumer fraud and deceptive
trade practices and consumer education.
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(Wilmington, DE): Attorney General Carl C. Danberg announced today that Delaware’s Clean
Credit and Identity Theft Prevention Act will go into effect on September 29, 2006. This new law will go
far to protect consumers from becoming victims of identity theft and to help consumers who have been victimized.
The new Act allows all consumers to place security freezes on their credit reports regardless of
whether they have been victimized by an identity thief. Consumers can place a security freeze by
notifying the three major consumer reporting agencies by mail. Contact information for the consumer
reporting agencies is available by calling the Attorney General’s Consumer Protection Unit at 800-220- 5424 or on the Attorney General’s website at www.state.de.us/attgen.
A security freeze prohibits the agencies from releasing all or any part of the consumer’s credit
report without the express authorization of the consumer. This will prevent an identity thief from using
any stolen personal information to open unauthorized accounts. Consumers will be able to lift or “thaw”
the freeze through a personal identification number or password. Each agency may charge a
consumer $20 for the personal identification number or password. However, victims of identity theft will
not be charged any fee for placement of a security freeze.
The new law also requires the police agency with jurisdiction over the consumer’s actual
residence to take a report from a consumer who knows or reasonably believes that he or she has been
the victim of identity theft. The person making the complaint must be given a copy of the police report
which is important as creditors often require a copy of the police report or the complaint number to
verify a consumer’s representation that a thief is responsible for charges made in the consumer’s
name.
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(Wilmington, DE): Attorney General Carl C. Danberg announced today that Delaware
has joined with 15 states and the District of Columbia in reaching an agreement with United Egg
Producers (“UEP”) to resolve allegations that the trade association misled consumers regarding
standards of care for egg-producing hens. The States investigated UEP’s “Animal Care Certified” logo
which appeared on egg cartons to certify compliance with UEP’s hen-care standards.
The Attorneys General concluded that the “Animal Care Certified” logo misled consumers as to
the quality of UEP’s standards of care, which allowed the forced molting of hens, confinement of birds
in crowded wire cages, and de-beaking of chicks. In November 2005, UEP discontinued its “Animal
Care Certified” logo and adopted its current “United Egg Producers Certified” logo.
“Consumers have a right to rely on the plain meaning of a trade association logo that certifies to
good corporate conduct,” said Attorney General Carl C. Danberg. “A certification program must not be
promoted in a way that misleads consumers.”
Under the agreement, UEP agreed not to resume use of the “Animal Care Certified” logo or to
misrepresent the level or type of care given to hens. UEP, which includes 80 percent of egg producers,
denied that its logo or advertisements misled or confused consumers.
As a result of the agreement, UEP will pay Delaware $5,000 which will be used to help protect
the public against consumer fraud and deceptive trade practices through investigation of such
practices, enforcement actions to insure compliance with the law, and consumer education.
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(Wilmington, DE) Attorney General Carl C. Danberg announced today that Smyrna
Police Sergeant Brian Moore was arrested yesterday on the charge of official misconduct. Moore
committed an act which constituted an unauthorized exercise of his official functions, knowing that
the act was unauthorized. Sgt. Moore instructed an officer of the Clayton Police Department to
release a suspect, who was a personal friend of Moore’s, without charging the suspect, where
there was probable cause to make an arrest.
In a statement, Danberg said. “It is disappointing when any law enforcement officer fails to
live up to the confidence placed in them and violates the trust of the public. I am particularly proud
of Smyrna Chief Richard Baldwin for immediately initiating a full and proper investigation, and for
engaging this office in the proceeding. This matter is particularly egregious because a person was
treated differently based on who he knew as opposed to the facts surrounding his conduct. I was
raised to believe that justice is supposed to be blind.”
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