Consumer protection and collection practices
New Hampshire’s answer to the FDCPA is written more broadly on its face — and the reason is one sentence in a definition. What a collector may not do, the $200-plus-fees floor for each violation, the rule that a collector may add no fee unless the document creating the obligation authorises it, and the sting in the tail for a claim a court finds frivolous. The full statutory text, hosted for reference.
Two chapters sit on this page because they work as a pair. RSA 358-C is New Hampshire’s debt collection statute — the state analogue of the federal Fair Debt Collection Practices Act. RSA 358-A is the state’s general consumer protection law, and RSA 358-C:4, VI routes every violation of the collection chapter straight into it.
Why the state definition is written more broadly than the federal one
It comes down to the definition of “debt collector” in RSA 358-C:1, VIII, which has three limbs.
Limb (a) catches “Any person who by any direct or indirect action, conduct or practice enforces or attempts to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer credit transaction”. Note what is absent: there is no requirement that the person be a third party, and no exclusion for the original creditor. Limb (b) is the more familiar third-party limb — any person who, “for any fee, commission or charge other than wages or salary”, acts to enforce an obligation arising from a consumer transaction. Limb (c) catches anyone enforcing a claim they acquired by assignment, sale or transfer.
So on its face the definition is not limited to outside collection agencies. That is the real difference from the federal act — and it is worth stating precisely, because the limbs are gated on different definitions and the conduct rules run on a third gate.
Limb (a) turns on a “consumer credit transaction”, defined in RSA 358-C:1, II as a transaction between a creditor and a consumer in which real or personal property, services, money or a form of money is acquired on credit and the consumer’s obligation is payable in 4 or more installments, or for which credit a finance charge is or may be imposed. That word creditor is itself defined, at paragraph IV, as a person who in the ordinary course of business engages in consumer credit transactions with consumers — so limb (a) is not as open as it first looks, and whether an association assessing its own members is ever a creditor in that sense is the real question. Limbs (b) and (c) turn instead on a “consumer transaction” under paragraph III. Both definitions expressly exclude leases of real property.
And being a debt collector is not the end of the analysis. RSA 358-C:2, RSA 358-C:3 and RSA 358-C:4 all bite on a debt owed by a debtor, and paragraphs VI and VII define both of those by reference to a consumer transaction. Whether a particular association assessment falls inside these definitions is a question about your own documents and your own arrangement, and worth putting to a lawyer rather than assuming.
What a collector may not do
RSA 358-C:2 states the general prohibition — no debt collector shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in the chapter — and RSA 358-C:3 defines it, in twelve paragraphs. The ones that come up most often:
Calls. Ringing a telephone or engaging someone in conversation repeatedly or continuously, at unusual times or at times known to be inconvenient, with intent to abuse, oppress or harass (I(a)). Profane, obscene or vulgar language intended to abuse the hearer or reader (I(b)).
Calls to your workplace are restricted, not banned. Under I(c) a collector may not contact you at your place of employment if that is not your residence — with two exceptions. A single letter there is allowed if the collector has otherwise been unable to locate you. A phone call there is allowed only if the collector cannot reach you at home, you have not told them to stop calling you at work, they do not tell your employer what the call is about unless the employer asks, and — the operative limit — “in no event shall the debt collector make more than one phone call per month to the debtor at his place of employment” unless you affirmatively ask in writing for calls there. The section adds that boilerplate in the document creating the debt purporting to authorise workplace calls does not count as that affirmative request.
Identification. Written communications must clearly identify the collector, the person the collector is collecting for, and the collector’s business address (I(d)) — though the same paragraph expressly does not require either name or address to appear on the envelope; calls must disclose the caller’s name and the name of the person collected for, and a fictitious name may not be used (I(e)).
Talking to other people about your debt. Paragraph IV bars communicating the fact of the debt, except by proper judicial process, to anyone other than a person who might reasonably be expected to be liable for it — with carve-outs for an adult relative living with you, your attorney or a financial counselling organisation, a bare message left at your residence asking you to call, locating you through a spouse or (if you are a minor) your parents or guardians solely in order to find you after 30 days of being unable to do so by other means — and then only once, since the collector may not go back to that person a second time — and reporting the debt to a consumer reporting agency (with a duty to note that a debt is disputed if the collector knows it is). Language on an envelope other than the collector’s own name, address or telephone number indicating the letter is about a debt is itself treated as a communication of the debt.
Once you are represented, the collector deals with your representative. Paragraph V bars direct communication, except through proper legal action, after notice from an attorney, financial counselling organisation or other representative — unless that person fails to answer correspondence, return calls or discuss the debt within 10 days, or gives prior approval, or the communication answers your own inquiry in the ordinary course.
Fake legal paper, and threats. Paragraph VI bars forms that simulate judicial process or appear to be issued or approved by a government, agency or attorney when they are not. Paragraph XI bars threatening that non-payment will lead to arrest, or to seizure, garnishment, attachment or sale of property or wages, without saying — where a court order is a legal prerequisite to the action threatened — that such an order must be in effect and, where applicable, that you will have an opportunity to appear and contest it. Paragraphs II and III cover threats of force and threats to take unlawful action, or action the collector does not take in the regular course of business.
The fee rule every homeowner in arrears should read. Paragraph X bars collecting or attempting to collect “any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor” — with one carve-out written into the same paragraph, that it “shall not prohibit a debt collector from attempting to collect court costs in a judicial proceeding”. If a late fee, an administrative charge or a collection cost is not expressly authorised by the document that created the obligation, this paragraph is the objection; note that it asks two questions and not one, because the charge must be both expressly authorised and legally chargeable to you, and that whether a board-adopted rule forms part of “the agreement creating the obligation” is not settled by the text. Paragraph VIII bars representing that the debt may be increased by attorney’s fees or other charges when they may not lawfully be added, and paragraph IX bars representing that it will definitely be increased when the award is discretionary with a court.
What you can recover — and what it costs to be wrong
RSA 358-C:4, I makes a violating collector liable for the greater of: in an individual action, “the sum of $200 plus costs and reasonable attorney’s fees for each violation”; or all damages proximately caused. Paragraph IV lets an aggrieved debtor sue individually or on behalf of others similarly situated in the superior court of the county where they live, to restrain the practices by injunction, with costs and reasonable attorney’s fees on success. Paragraph III lets you raise a violation by counterclaim, set-off or recoupment in the collector’s own suit, and requires the court to set the damages off against any recovery.
Two limits sit on the same page. Paragraph II gives the collector a defence for a billing computation error corrected within 15 days of notification or discovery, and for an unintentional bona fide error made despite procedures reasonably adapted to avoid it. And paragraph V is the sting in the tail: if the court finds the action was frivolous and brought to harass the collector, the debtor pays the collector’s costs and reasonable attorney fees.
RSA 358-C:5 caps a check collection charge at $25 unless a written agreement with the consumer expressly authorises more, and sets the notice rule in two halves: in a consumer credit transaction the charge must be disclosed in the promissory note or sales finance contract; where a debt collector imposes it, notice goes by telephone or regular mail to the debtor’s last known number or address, stating the amount.
How RSA 358-A picks it up
RSA 358-C:4, VI is the bridge: any violation of the collection chapter “shall also constitute an unfair and deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A”. That opens the Attorney General’s enforcement machinery on its face. It should also open RSA 358-A’s own private action under RSA 358-A:10, though the deeming clause names only the Attorney General expressly.
Which route pays more depends on how many violations there are. RSA 358-A:10, I sets recovery at actual damages or $1,000, whichever is greater, doubled or trebled for a wilful or knowing violation, with costs and fees. But that $1,000 attaches to the action, where RSA 358-C:4’s $200 runs per violation. And RSA 358-A carries a limitation window that RSA 358-C does not.
RSA 358-A:2 declares it unlawful to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce in this state, and gives a list of examples. RSA 358-A:1, II defines “trade” and “commerce” broadly enough to include services and real property. RSA 358-A:3 sets out the exemptions — read it before relying on the chapter. Paragraph I exempts trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission or federal banking or securities regulators, whether or not the particular conduct was permitted; and paragraph IV-a exempts transactions entered into more than 3 years before the plaintiff knew or reasonably should have known of the conduct complained of, which works as the chapter’s limitation period. RSA 358-A:4 gives the Attorney General its enforcement powers and RSA 358-A:8 the investigative ones; RSA 358-A:10 is the private right of action.
Where to complain. The New Hampshire Consumer Protection and Antitrust Bureau↗ takes complaints under RSA 358-A — and it is the same bureau that administers the Condominium Act under RSA 356-B:48. Federal complaints go to the CFPB↗ or the FTC↗.
For how an association’s assessment lien is created and perfected in the first place, see RSA 356-B:46. The rest of the tab is on the New Hampshire HOA laws hub.
Contents · 19 sections ▾
- RSA 358-A:1 Definitions
- RSA 358-A:2 Acts Unlawful
- RSA 358-A:3 Exempt Transactions; Etc
- RSA 358-A:4 Administration; Enforcement
- RSA 358-A:5 Notice
- RSA 358-A:6 Penalties
- RSA 358-A:7 Assurance of Discontinuance
- RSA 358-A:8 Subpoena; Production of Books, Examination of Persons, Etc
- RSA 358-A:9 Habitual Violation of Injunction
- RSA 358-A:10 Private Actions
- RSA 358-A:10-a Class Actions
- RSA 358-A:11 Proof Required
- RSA 358-A:12 Other Actions Saved
- RSA 358-A:13 Interpretation and Construction of Act
- RSA 358-C:1 Definitions
- RSA 358-C:2 General Prohibition
- RSA 358-C:3 Prohibited Acts
- RSA 358-C:4 Remedies
- RSA 358-C:5 Check Collection Charges
As used in this chapter, the following terms shall have the following meaning:
I. “Person” shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
II. “Trade” and “commerce” shall include the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state.
III. “Documentary material” shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate.
IV. “Examination of documentary material” shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such documentary material or copy thereof.
IV-a. “Gift certificate” means a promise given in exchange for payment to provide the bearer, upon presentation, goods or services in a specified amount.
V. “Going out of business sale” means any sale advertised, represented or held forth under the designation of: “going out of business,” “close out,” “quitting business,” “discontinuance of business,” “selling out,” “liquidation,” “lost our lease,” “must vacate,” “forced out,” “removal,” “branch store discontinuance sale,” “building coming down,” “end,” “final days,” “last days,” “lease expires,” “we give up sale,” “we quit sale,” “reorganization sale,” or any other advertising or designation by any other expression similar to any of the foregoing giving notice to the public that the sale will precede the termination of a business or the abandonment of a business location.
Source. 1970, 19:1. 1994, 226:1. 2003, 193:1, eff. Jan. 1, 2004. 2017, 105:2, eff. Jan. 1, 2018.
It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:
I. Passing off goods or services as those of another;
II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;
IV. Using deceptive representations or designations of geographic origin in connection with goods or services;
V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;
VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;
IX. Advertising goods or services with intent not to sell them as advertised;
X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;
XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or
XII. Conducting or advertising a going out of business sale:
(a) Which lasts for more than 60 days;
(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;
(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller’s course of business;
(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller’s course of business;
(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;
(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;
(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or
(h) In a manner other than the name implies.
XIII. Selling gift certificates having a face value of $250 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $250 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.
XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition, including the pricing of generic prescription drugs.
XV. Failure of a facility, as defined in RSA 161-M:2, or person to comply with the provisions of RSA 161-M regarding the senior citizens bill of rights.
XVI. Failing to deliver home heating fuel in accordance with a prepaid contract.
XVII. Charging or receiving, or soliciting to charge or receive, an unreasonable fee to prepare or aid any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of any aid or services from the United States Department of Veterans Affairs, the New Hampshire division of veterans services, or any other public agency. For the purpose of this paragraph, an “unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed.
XVIII. Issuing clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.
XIX. Balance billing a covered person in violation of RSA 358-T.
Source. 1970, 19:1. 1973, 383:2. 1986, 137:1. 1994, 226:2. 1996, 165:1. 1997, 302:1. 1999, 49:1. 2002, 276:1. 2003, 193:2. 2004, 228:1, eff. Aug. 10, 2004. 2014, 203:2 eff. Jan. 1, 2015; 300:5, eff. Jan. 1, 2015. 2016, 279:3, eff. July 1, 2017. 2017, 105:1, eff. Jan. 1, 2018. 2019, 273:7, eff. Sept. 17, 2019. 2020, 13:7, eff. July 16, 2020. 2021, 183:4, eff. Jan. 1, 2022. 2024, 143:2, eff. Jan. 1, 2025.
Cites other chapters: RSA 161-M, RSA 358-T, RSA 361-B, RSA 471-C
The following transactions shall be exempt from the provisions of this chapter:
I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles.
II. [Repealed.]
III. Trade or commerce of any person who shows that such person has had served upon such person by the Federal Trade Commission a complaint pursuant to 15 U.S.C. 45(b) relating to said trade or commerce until the Federal Trade Commission has either dismissed said complaint, secured an assurance of voluntary compliance, or issued a cease and desist order relating to said complaint pursuant to 15 U.S.C. 45(b).
IV. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character.
IV-a. Transactions entered into more than 3 years prior to the time the plaintiff knew, or reasonably should have known, of the conduct alleged to be in violation of this chapter; provided, however, that this section shall not ban the introduction of evidence of unfair trade practices and deceptive acts prior to the 3-year period in any action under this chapter.
IV-b. Violations of RSA 205-A which have occurred more than 3 years prior to the complaint alleged to be in violation of this chapter.
V. The burden of proving exemptions from the provisions of this chapter by reason of paragraphs I, II, III, IV and IV-a of this section shall be upon the person claiming the exemption.
Source. 1970, 19:1. 1973, 383:3, 4. 1985, 172:1. 1996, 165:2-4. 2002, 276:2. 2004, 141:1, eff. July 23, 2004.
Cites other chapters: RSA 205-A, RSA 361-A
I. The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice established by RSA 21-M:8.
II. [Repealed.]
III. (a) Whenever the attorney general has reason to believe that trade or commerce declared unlawful by this chapter has been, is being or is about to be conducted by any person, the attorney general may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such trade or commerce and may petition the court for an order of restitution of money or property to any person or class of persons injured thereby. The action may be brought in the superior court of the county in which the person allegedly in violation of this chapter resides or in which the principal place of business is located, or, with the consent of the parties or if the person is a nonresident and has no place of business within the state, in the superior court of Merrimack county.
(b) Upon a finding that any person has engaged or is engaging in any act or practice declared unlawful by this chapter, the court may make any necessary order or judgment and may award to the state civil penalties up to $10,000 for each violation of this chapter. No such order shall require the payment of civil penalties until the process of appeal has been exhausted. Any such order or judgment shall be prima facie evidence in any action brought under RSA 358-A:10 that the respondent has engaged in an act or practice declared unlawful by this chapter. For the purpose of this section, the court shall determine the number of unlawful acts or practices which have occurred without regard to the number of persons affected thereby. It shall be an affirmative defense to the assessment of civil penalties that the defendant acted pursuant to a good faith misunderstanding concerning the requirements of this chapter.
III-a. In connection with any action brought under paragraph III, the attorney general may also petition the court to appoint a receiver to take charge of the business of any person during the course of litigation when the attorney general has reason to believe that such an appointment is necessary to prevent such person from continuing to engage in any act or practice declared unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into the receiver’s possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling derived by means of any unlawful act or practice, and to sell, convey and assign the same and hold, dispose and distribute the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of any unlawful act or practice and submits proof to the satisfaction of the court that such person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent that the person has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments as may be required. In lieu of the foregoing procedure, the court may permit any person alleged to have violated this chapter to post a bond in a manner and in an amount to be fixed by the court. The bond shall be made payable to the state and may be distributed by the court only after a decision on the merits and the process of appeals has been exhausted.
IV. Any county attorney or law enforcement officer receiving notice of any alleged violation of this chapter shall immediately forward written notice of the same with any other information that the county attorney or law enforcement officer may have to the department of justice.
Source. 1970, 19:1. 1975, 417:1-3. 1979, 171:1. 1985, 300:7, I, 23, 30; 410:8. 1996, 165:5, 6, eff. Jan. 1, 1997.
Cites other chapters: RSA 21-M
At least 10 days prior to commencement of any action under RSA 358-A:4, the attorney general shall notify the person of the attorney general’s intended action, and give the person an opportunity to confer with the attorney general, or agent, in person or by counsel or other representative as to the proposed action. Said notice shall be given by mail, postage prepaid, sent to the person’s usual place of business, or, if none, to the person’s last known address. Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may after receipt thereof destroy or move or cause to be destroyed or cause to be moved any assets which might otherwise be available to claims of restitution, leave the state or cause material witnesses to leave the state, or take other action or omit to perform other duties to the immediate and irreparable harm of the public.
Source. 1970, 19:1. 1975, 417:4. 1996, 165:7, eff. Jan. 1, 1997.
I. Any person convicted of violating RSA 358-A:2 hereof shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates the terms of an injunction issued under RSA 358-A:4, III, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. For the purposes of this section, the court issuing said injunction shall retain jurisdiction.
III. Any person who subverts the intent and purposes of this chapter by filing false, misleading, or substantially inaccurate statements with the attorney general for the purposes of effecting prosecution under this chapter shall be guilty of a violation.
IV. If any person is found to have engaged in any act or practice declared unlawful by this chapter, the court may award to the state in any action brought under this chapter all legal costs and expenses. RSA 525:12 shall apply to civil actions commenced under this chapter.
Source. 1970, 19:1. 1973, 529:85. 1975, 417:5, eff. Aug. 15, 1975.
Cites other chapters: RSA 525
Nothing contained in this chapter shall be construed as preventing the attorney general, in cases in which the attorney general is authorized to bring an action, from accepting in lieu thereof an assurance of discontinuance of any act or practice which violates this chapter. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the attorney general, or of an amount to be held in escrow pending the outcome of an action, or of an amount to restore to any person any money or real or personal property which may have been acquired by such alleged violator, or all 3. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Merrimack county. Matters thus closed may be reopened by the attorney general at any time it is in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter commenced by the attorney general.
Source. 1970, 19:1. 1996, 165:8, eff. Jan. 1, 1997.
I.
Authority of Attorney General. The attorney general shall have the power to subpoena and subpoena duces tecum in the name of the attorney general for the purposes of this chapter. Witnesses summoned by the attorney general shall be paid the same fee and mileage that are paid witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the attorney general may be served by any person designated in the subpoena or subpoena duces tecum to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation. The attorney general may also require any person to make a statement in writing under oath concerning any matter under investigation provided that the due date for receipt of such a statement shall be no sooner than 10 calendar days after receipt of such demand. Any testimony or statement given by any person so sworn shall be subject to the pains and penalties of perjury.
II. Without limiting the authority granted in paragraph I, whenever the attorney general believes any person to be or to have been in violation of this chapter, the attorney general may examine or cause to be examined for that purpose any books, records, papers, or other documentary materials, or may examine any person under oath and subject to the pains and penalties of perjury that the attorney general thinks may have knowledge of such violation. For such examination, the attorney general may require the person to appear at such person’s place of residence, place of business or any place in this state.
III.
Notice.
(a) The attorney general shall serve notice of the time, place, and cause of said examination at least 10 days prior to the date of the examination. Service of any such notice may be made by:
(1) Delivering a duly executed copy of the notice to the person to be served or an agent authorized by law to receive service of process; or
(2) Delivering a duly executed copy of the notice to the person’s principal place of business in this state, if any; or
(3) Registered mail, return receipt requested, to the person to be served, or an agent authorized by law to receive service of process. These limitations do not apply to a written statement required under paragraph I which can be required by a reasonable notice thereof.
(b) Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may move, conceal, alter or destroy, or cause to be moved, concealed, altered or destroyed, any documents to which it refers, or move or conceal or cause to be moved or concealed any person whose testimony is sought pursuant thereto. In any of such cases, the notice served by the attorney general pursuant to this paragraph may require the immediate production or examination of any document or person therein referred to.
IV.
Limitations. No such notice shall make improper or unreasonable requirements, nor require the production of privileged information.
V.
Extension; Modification. At any time prior to the date specified in the notice, or within 21 days after the notice has been served, whichever period is shorter, the superior court may, upon motion for good cause shown, extend said reporting date, or modify or set aside the demand. The motion may be filed in the superior court of the county in which the person resides or in which the person’s usual place of business is located, or in Merrimack county.
VI.
Use of Information. Any information, testimony, or documentary material obtained under the authority of this section shall be used only for one or more of the following purposes:
(a) In connection with investigations instituted under this chapter or for the prosecution of legal proceedings instituted under this chapter or other provisions of the RSA; and
(b) In connection with any formal or informal program of or request for information exchange between the department of justice and any other local, state or federal law enforcement agency. However, no information or material obtained or used pursuant to the authority of this section shall be released publicly by any governmental agency except in connection with the prosecution of legal proceedings instituted under this chapter or other provisions of the RSA. In addition, any information, testimony or documentary material obtained or used pursuant to a protective order shall not be exchanged or released, as provided herein, publicly except in compliance with such protective order.
VII.
Penalty. Any person who fails to comply with any notice served upon such person under this section shall be fined not more than $5,000.
Source. 1970, 19:1. 1975, 417:6-8. 1985, 300:7, I(a). 1996, 165:9-11, eff. Jan. 1, 1997.
Upon petition by the attorney general, the court may order, for habitual violation of injunctions issued pursuant to RSA 358-A:4, III, the dissolution, suspension, or forfeiture of franchise of any corporation, or the right of any foreign corporation to do business in the state.
Source. 1970, 19:1, eff. April 30, 1970.
I. Any person injured by another’s use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.
II. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
Source. 1970, 19:1. 1975, 417:9. 1981, 243:1. 1994, 226:3, eff. July 26, 1994.
I. Persons entitled to bring an action under RSA 358-A:10 may, if the unlawful act or practice has caused similar injury to numerous other persons, institute an action as representative or representatives of a class of persons who are residents of this state or whose cause of action arose within this state against one or more defendants as individuals or as representatives of a class or against one or more such defendants having a principal place of business within this state, and the petition shall allege such facts as will show that these persons or the named defendants specifically named and served with process have been fairly chosen and adequately and fairly represent the whole class, to recover actual damages as provided for in RSA 358-A:10. The court may require the plaintiff to prove such allegations, unless all of the members of the class have entered their appearance, and the court may also determine that it shall not be sufficient to prove such facts by the admissions of the defendants who have entered their appearance. In any action brought under this section, the court may order, in addition to actual damages, injunctive or other equitable relief and reasonable attorney’s fees.
II. An action may be maintained as a class action if:
(a) The class is so numerous that joinder of all members is impracticable; and
(b) There are questions of law or fact common to the class; and
(c) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(d) The representative parties will fairly and adequately protect the interests of the class; and, in addition
(e)(1) The prosecution of a separate action by or against individual members of the class would create a risk of:
A. Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or
B. Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: the interest of members of the class in individually controlling the prosecution or defense of separate actions; the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and the difficulties likely to be encountered in the management of a class action.
III. As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. Such order may be conditional, and may be altered or amended before the decision on the merits.
IV. In any class action maintained other than under paragraph II(e)(2), the court shall direct to the members of the class the best notice practicable under the rules of court, which may include either individual notice or publication or both as determined by the court.
V. The judgment in an action maintained as a class action under paragraph II(e)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under paragraph II(e)(1) or (3), whether or not favorable to the class, shall include and specify or describe those who have requested inclusion and those who have not requested exclusion as provided in paragraph IV, and whom the court finds to be members of the class.
VI. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class, and this section shall then be construed and applied accordingly.
VII. In the conduct of actions to which this section applies, the court may make appropriate orders:
(a) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(b) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;
(c) Imposing conditions on the representative parties or on intervenors;
(d) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;
(e) Dealing with similar procedural matters.
VIII. An action once determined to be a class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
IX. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
X. (a) The judgment in an action maintained as a class action, whether or not favorable to the class, shall include and describe those to whom notice was directed, and whom the court finds to be members of the class and, in an action in which a money judgment is sought, shall not affect the rights of any person who was not included through use of the judgment by way of collateral estoppel or otherwise. In an action in which a money judgment is sought and which is determined in favor of the members of the class, after proof by each member of the existence and extent of that member’s actual monetary damage, judgment shall be entered stating the amount awarded to each such member, and the total amount of damages assessed against the defendant shall not exceed the aggregate of the total amount awarded to each such member plus legal expenses and costs as awarded by the court.
(b) If the court renders judgment in favor of a plaintiff class, the court may order the defendant to pay damages directly to members of the class, or order the defendant to pay damages into the court and require each member of the class to file a claim with the court. If within one year after the date of final judgment, any plaintiff fails to file a claim for damages actually awarded the plaintiff or cannot be located despite diligent efforts by the parties, the amount of damages actually awarded the plaintiff will be refunded to the paying defendant.
(c) Any judgment awarding damages to one party against a second party in a class action or counterclaim therein may be set off against any other judgment awarding damages to the second party against the first party in such action or counterclaim.
Source. 1975, 417:10. 1996, 165:12, 13, eff. Jan. 1, 1997. 2010, 137:1, eff. Jan. 1, 2011.
In order to prevail in any prosecution under this chapter, it is not necessary to prove actual confusion or misunderstanding.
Source. 1970, 19:1, eff. April 30, 1970.
This chapter does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.
Source. 1970, 19:1, eff. April 30, 1970.
It is the intent of the legislature that in any action or prosecution under this chapter, the courts may be guided by the interpretation and construction given Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), by the Federal Trade Commission and the federal courts.
Source. 1975, 417:11, eff. Aug. 15, 1975.
In this chapter:
I. “Consumer” means a natural person who seeks or acquires, or is offered property, services or credit for personal, family or household purposes.
II. “Consumer credit transaction” means a transaction between a creditor and a consumer in which real or personal property, services, money or a form of money is acquired on credit and the consumer’s obligation is payable in 4 or more installments or for which credit a finance charge is or may be imposed. The term includes consumer credit sales, consumer loans, consumer leases of personal property and transactions pursuant to a seller or lender credit card, but shall not include leases of real property.
III. “Consumer transaction” means a transaction between a consumer and a person who sells, leases or provides property, services or credit to consumers. The term shall not include leases of real property.
IV. “Creditor” means a person who in the ordinary course of business engages in consumer credit transactions with consumers.
V. “Credit” means the right granted by a person to a consumer to defer payment of a debt, to incur debt and defer its payment, or purchase property or services and defer payment therefor.
VI. “Debt” means any obligation or alleged obligation arising out of a consumer transaction.
VII. “Debtor” means a person who owes or allegedly owes an obligation arising out of a consumer transaction.
VIII. “Debt collector” means:
(a) Any person who by any direct or indirect action, conduct or practice enforces or attempts to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer credit transaction; or
(b) Any person who, for any fee, commission or charge other than wages or salary, engages in any direct or indirect action, conduct or practice to enforce or attempt to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction; or
(c) Any person who, pursuant to an assignment, sale or transfer of a claim against a consumer, engages in any direct or indirect action, conduct or practice to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction.
IX. “Finance charge” means a charge such as interest, fees, service charges, discounts and other charges associated with the extension of credit.
X. “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.
Source. 1975, 437:1, eff. Aug. 18, 1975.
No debt collector shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in this chapter.
Source. 1975, 437:1, eff. Aug. 18, 1975.
For the purposes of this chapter, any debt collection or attempt to collect a debt shall be deemed unfair, deceptive or unreasonable if the debt collector:
I. Communicates or attempts to communicate with the debtor, orally or in writing:
(a) By causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously or at unusual times or at times known to be inconvenient with the intent to abuse, oppress or harass any person at the called number; or
(b) By use of profane, obscene or vulgar language that is intended to abuse the hearer or reader; or
(c) At the debtor’s place of employment if said place is other than the debtor’s residence, provided that:
(1) a debt collector may send a single letter to the debtor at his place of employment if he has otherwise been unable to locate the debtor; and
(2) a debt collector may phone the debtor at his place of employment if he is unable to contact the debtor at his residence, provided that:
A. the debtor does not inform the debt collector that he does not wish the debt collector to communicate or attempt to communicate with him at his place of employment; and
B. the debt collector shall not inform the employer of the nature of the call unless asked by the employer; and
C. in no event shall the debt collector make more than one phone call per month to the debtor at his place of employment unless the debtor affirmatively indicates in writing that he desires the debt collector to call him at his place of employment. (For the purposes of this subparagraph, any language in any instrument creating the debt which purports to authorize phone calls at the debtor’s place of employment shall not be considered an affirmative indication that the debtor desires the debt collector to call him at his place of employment.); or
(d) Using any written communication which fails to clearly identify the name of the debt collector, the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, and the debt collector’s business address (the foregoing shall not require the name or address of the debt collector or the person for whom the debt collector is attempting to collect the debt to be printed on any envelope containing a communication); or
(e) By placement of phone calls without disclosure of the name of the individual making the call and the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, or by using a fictitious name while engaging in the collection of debts; or
(f) By causing any expense to the debtor in the form of long distance telephone calls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; or
II. Uses or threatens the use of force or violence; or
III. Threatens to take any unlawful action or action which the debt collector in the regular course of business does not take; or
IV. Communicates or threatens to communicate, except by proper judicial process, the fact of such debt to a person other than the person who might reasonably be expected to be liable therefor; provided that the provisions of this paragraph shall not prohibit a debt collector from:
(a) Communicating information relating to a debt to a person residing with the debtor and reasonably believed to be a relative or family member over the age of 18, or to an attorney, financial counseling organization or other person who has notified the debt collector that he is representing the debtor; or
(b) From leaving a message at the residence of the debtor containing no information other than a request that the debtor contact the debt collector about the debt; or
(c) Communicating information relating to the debt to the debtor’s spouse or, if the debtor is a minor, to the parents or guardians of the debtor where the purpose of the communication is solely to locate the debtor; provided that:
(1) the debt collector has been unable to locate the debtor by other means for a period of 30 days; and
(2) the debt collector, having once communicated with any of said persons, shall not again attempt to locate the debtor by communicating with said person; or
(d) Reporting, or notifying a debtor that the debt collector may report a debt to:
(1) a consumer reporting agency defined in RSA 359-B:3, VI, or any lending institution, provided that if the debt collector knows the debt to be disputed he shall notify the consumer reporting agency or lending institution that the debt is disputed; or
(2) to an agent or attorney engaged for the purpose of collecting the debt. (For the purposes of RSA 358-C:3, IV, the use of language on envelopes other than the debt collector’s name, address or telephone number, indicating that the communication relates to the collection of a debt shall be deemed a communication of the debt.); or
V. Communicates directly with the debtor, except through proper legal action, after notification from an attorney, financial counseling organization or other person representing the debtor that all further communication relative to the debt should be addressed to the attorney, organization or other person unless the attorney, organization or other person fails to answer correspondence, return phone calls or discuss the debt within 10 days or prior approval is obtained from the attorney, organization or other person or the communication is a response in the ordinary course of business to the debtor’s inquiry; or
VI. Communicates with the debtor through the use of forms or instruments which simulate the form and appearance of judicial process or which give the appearance of being authorized, issued or approved by a government, governmental agency or attorney-at-law when they are not; or
VII. Makes any material false representation or implication of the character, extent or amount of the debt, or of its status in any legal proceeding; or
VIII. Makes any representation that an existing obligation may be increased by the addition of attorney’s fees, investigation fees, service fees or any other fees or charges when in fact such fees or charges may not be legally added to the existing obligation; or
IX. Makes any representation that an existing obligation will definitely be increased by the addition of attorney’s fees, investigation fees, service fees or any other fees or charges when the award of such fee or charge is discretionary by a court of law; or
X. Collects or attempts to collect any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor; provided that the foregoing shall not prohibit a debt collector from attempting to collect court costs in a judicial proceeding; or
XI. Threatens that nonpayment of a debt will result in the arrest of any person or the seizure, garnishment, attachment or sale of any property or wages without indicating, when a court order is a legal prerequisite to any such action; that
(a) There must be a court order in effect permitting such action; and, where applicable,
(b) That the debtor will have an opportunity to appear in court to contest such action prior to any such court order being effective; or
XII. Threatens to assign or sell to another the account of or claim against the debtor with an attending representation or implication that the result of any such sale or assignment would be that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection attempts.
Source. 1975, 437:1, eff. Aug. 18, 1975.
Cites other chapters: RSA 359-B
I. Any debt collector who violates the provisions of this chapter shall be liable in any court of competent jurisdiction to the debtor for one of the following, whichever is greater:
(a) In an action brought by and on behalf of an individual debtor only, the sum of $200 plus costs and reasonable attorney’s fees for each violation, or
(b) For all damages proximately caused by the violation.
II. Notwithstanding the foregoing, a debt collector shall not be held liable in any action brought under this chapter for a violation if the debt collector shows by a preponderance of the evidence that:
(a) The violation was a result of a computation error in billing and within 15 days of notification or discovery of said error the debt collector notified the debtor of such error and corrected such error; or
(b) The violation was not intentional and resulted from a bona fide error or mistake notwithstanding the maintenance of procedures reasonably adapted to avoid any such error or mistake.
III. In any suit to collect a debt, the debtor may raise, by way of counterclaim, set-off or recoupment, a violation of this chapter, and upon proof of a violation by a preponderance of the evidence, the court shall award damages to the defendant pursuant to this section and shall set such damages off against any recovery by the plaintiff.
IV. Any debtor aggrieved by a debt collector’s practices in violation of this chapter may bring an action individually and/or on behalf of others similarly situated in the superior court of the county in which he resides to restrain such practices by temporary or permanent injunction. If the debtor prevails in an action authorized by this paragraph, he shall be entitled to his costs and reasonable attorney’s fees.
V. If the court finds that an action initiated under this chapter was frivolous and brought to harass the debt collector, the debtor shall pay to the debt collector the costs of said action plus reasonable attorney fees.
VI. Any violation of the provisions of this chapter shall also constitute an unfair and deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A.
Source. 1975, 437:1. 1977, 308:1, eff. Aug. 26, 1977.
Cites other chapters: RSA 358-A
I. A creditor involved in a consumer credit transaction or a debt collector designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument may charge and receive a check collection charge of not more than $25, unless otherwise expressly authorized by written agreement with the consumer.
II. In the case of a consumer credit transaction, disclosure of a check collection charge made pursuant to paragraph I of this section shall be made in the promissory note or sales finance contract. In the case of debt collectors, notification of imposition of a check collection charge pursuant to paragraph I of this section shall be done by telephone or written notice sent by regular mail to the debtor at the debtor’s last known telephone number or address or at the address shown on the check or other instrument. The notice shall state the amount of the check collection charge that has been or will be imposed, and shall state that the debtor is responsible for paying the check collection charge as well as the value of the check or other instrument.
Source. 1997, 161:1, eff. Jan. 1, 1998; 322:27, eff. Jan. 1, 1998 at 12:01 a.m.
General information, not legal advice. Statutory text is reproduced from the New Hampshire Revised Statutes Annotated and may not reflect the most recent amendments.