Law / United States / 
Delaware
Delaware Harassment Statute (Telephone Solicitation Clause)
11 Del. C. § 1311(a)(2), (3), (5)
In force.
A telephone contact rule binding public and private bodies.
- Enforcement body
- Criminal prosecution by the State; the section names no private civil action.
- Obligation class
- Prohibition
What it requires
- Do not, with intent to harass, annoy or alarm another person, communicate with that person by telephone, telegraph, mail or any other written or electronic means, including an intrastate sales call, in a manner you know is likely to cause annoyance or alarm.
- Do not knowingly permit a telephone under your control to be used for a purpose this section prohibits.
- Do not, with intent to harass, annoy or alarm another person, make repeated or anonymous telephone calls to that person, whether or not a conversation results, knowing the person is thereby likely to suffer annoyance or alarm.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Harassment under 11 Del. C. § 1311 is a class A misdemeanor, punishable by up to 1 year of incarceration and a fine of up to $2,300 under the general misdemeanor sentencing scale in § 4206(a).
What this law does
Delaware's harassment statute makes it a crime, with intent to harass, annoy or alarm another person, to communicate with the person by telephone, telegraph, mail or another form of written or electronic communication in a manner the actor knows is likely to cause annoyance or alarm, and the statute names an intrastate telephone call initiated by a vendor to sell goods or services as an example of covered conduct.
It is also a crime to knowingly permit a telephone under one's control to be used for a purpose this section prohibits. Making repeated or anonymous telephone calls to a person, whether or not a conversation results, while knowing the person is thereby likely to suffer annoyance or alarm, is also a crime under this section. Harassment is a class A misdemeanor. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app sends automated outreach or places automated calls.
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