reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:3-a - Access to Documentation.

357-C:3-a Access to Documentation. –
I. Once annually, a dealer may request to obtain a copy of (i) reports created in the regular course of business about the dealer, (ii) written correspondence with the dealer, and (iii) written reports prepared by a representative of the manufacturer or distributor documenting or memorializing any contact with a dealer or any employee or agent of the dealer, collectively known as "the documentation." The documentation required to be produced shall be limited to documentation created in the 12 months preceding the dealer's request. The manufacturer or distributor shall provide the documentation to the dealer within 30 days of the dealer's written request. The manufacturer shall certify that the documentation it produces is complete as of the date of the request. The manufacturer or distributor may charge the dealer a reasonable per page fee for reproduction, provided that such fee shall not exceed the usual and customary fee charged by copy centers in the immediate vicinity of the location of the documentation. No other fees or charges shall be permitted.
II. Any documents or portions of documents that are required to be produced pursuant to this section, which are not produced by the manufacturer or distributor in response to a dealer's request and that the manufacturer or distributor did not make a written, good faith objection to producing shall be excluded and not admissible as evidence or used in any manner at any proceeding at the motor vehicle industry board or any other state agency or any court proceeding. This paragraph shall not apply to any documents that document, evidence, or demonstrate insolvency, or alleged criminal, unlawful, or fraudulent activity by the dealer. At any proceeding before the motor vehicle industry board, any state agency, or any court, the presiding hearing officer, judge, board, or agency, may admit documents otherwise inadmissible under this paragraph if it is found that the documents were withheld in good faith or by accident or mistake.
III. A complete copy of any written report of any nature prepared by a representative of the manufacturer or distributor after any contact with a dealer or any employee or agent of the dealer shall be provided to the dealer within 60 days of the report's creation.
IV. Nothing in the section shall require a manufacturer to disclose privileged, confidential, proprietary, or private third party information or information about another dealer or dealers and this includes but is not limited to names, addresses, financial data, and any other information relating to other dealers that may otherwise be referenced in the supporting documentation, except for specific information which is used by the manufacturer to compare the requesting dealer's performance with other dealers.
Source.
2013, 130:11, eff. Sept. 23, 2013.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:4 - Delivery and Preparation Obligations.

357-C:4 Delivery and Preparation Obligations. –
Every manufacturer shall specify to the dealer, the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid by it to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be filed with the New Hampshire motor vehicle industry board by every motor vehicle manufacturer. The compensation as set forth on such schedule shall be reasonable in the same manner as provided in RSA 357-C:5, II(b). No dealer shall charge any purchaser for work or services paid for by the manufacturer.
Source.
1981, 477:2. 1996, 263:2, eff. July 10, 1996.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:6 - Agreements Governed.

357-C:6 Agreements Governed. –
I. All written or oral agreements of any type between a manufacturer or distributor and a motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements which are inconsistent with this chapter shall be void as against public policy and unenforceable in the courts or the motor vehicle industry board of this state.
II. Before any new selling agreement or amendment to an agreement involving a motor vehicle dealer and such party becomes effective, the manufacturer, distributor, distributor branch or division, factory branch or division, or agent thereof shall, 90 days prior to the effective date thereof, forward a copy of such agreement or amendment to the New Hampshire motor vehicle industry board and to the dealer.
III. Every new selling agreement or amendment made to such agreement between a motor vehicle dealer and a manufacturer or distributor shall include, and if omitted, shall be presumed to include, the following language: "If any provision herein contravenes the valid laws or regulations of the state of New Hampshire, such provision shall be deemed to be modified to conform to such laws or regulations; or if any provision herein, including arbitration provisions, denies or purports to deny access to the procedures, forums, or remedies provided for by such laws or regulations, such provisions shall be void and unenforceable; and all other terms and provisions of this agreement shall remain in full force and effect."
Source.
1981, 477:2. 1990, 84:4. 1996, 263:4, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:8 - Survivorship.

357-C:8 Survivorship. –
I. Any designated family member of a deceased or incapacitated new motor vehicle dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement provided the designated family member gives the manufacturer, distributor, factory branch or factory representative or importer of new motor vehicles written notice of his intention to succeed to the dealership within 120 days of the dealer's death or incapacity, and unless there exists good cause for refusal to honor such succession on the part of the manufacturer, factory branch, factory representative, distributor or importer. The manufacturer, distributor, factory branch or factory representative or importer may request, and the designated family member shall provide, upon request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.
II. If a manufacturer, distributor, factory branch, or factory representative or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a family member of a deceased or incapacitated new motor vehicle dealer under the existing franchise agreement, the manufacturer, distributor, factory branch, or factory representative or importer may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve notice upon the designated family member of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date such notice is served. The required notice shall state the specific grounds for refusal to honor the succession. If notice of refusal and discontinuance is not timely served upon the family member, the franchise agreement shall continue in effect subject to termination only as otherwise permitted by this chapter.
III. This chapter shall not preclude a new motor vehicle dealer from designating any person as his successor by written instrument filed with the manufacturer, distributor, factory branch, factory representative or importer.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:10 - Franchisee's Right to Associate.

357-C:10 Franchisee's Right to Associate. –
Any franchisee shall have the right of free association with other franchisees for any lawful purpose.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:11 - Discounts and Other Inducements.

357-C:11 Discounts and Other Inducements. –
In connection with a sale of any motor vehicle to the state or to any political subdivision thereof, no manufacturer or distributor shall offer any discounts, refunds or other similar inducement to any dealer without making the same offer to all other dealers of the same line make within the relevant market area.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:11-a - Sale of New Motor Vehicles Manufactured to California Emission Standards.

357-C:11-a Sale of New Motor Vehicles Manufactured to California Emission Standards. –
No person shall refuse or refrain from selling, delivering or distributing any new motor vehicle manufactured to the emissions standards required by the California air resources board.
Source.
1994, 33:2, eff. April 22, 1994.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:12-a - Franchisor and Franchisee Registration.

357-C:12-a Franchisor and Franchisee Registration. –
Each franchisor and franchisee shall register annually with the New Hampshire motor vehicle industry board pursuant to rules adopted by the board in accordance with RSA 541-A.
Source.
2001, 209:10, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:13 - Statute of Limitations.

357-C:13 Statute of Limitations. –
Actions arising out of any provision of this chapter shall be commenced within 4 years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person so entitled shall be excluded in determining the time limited for commencement of the action. If a cause of action accrues during the pendency of any civil, criminal, or administrative proceeding against a person brought by the United States, or any of its agencies, under the antitrust laws, the Federal Trade Commission Act, any other federal act, or the laws of the state related to antitrust laws or to franchising, such actions may be commenced within one year after the final disposition of such civil, criminal, or administrative proceeding.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:14 - Construction.

357-C:14 Construction. –
In construing the provisions of this chapter, the courts may be guided by the interpretations of the Federal Trade Commission Act, as amended.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:15 - Penalty.

357-C:15 Penalty. –
Any violation of this chapter shall constitute a misdemeanor.
Source.
1981, 477:2, eff. Aug. 25, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-C - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers › Section 357-C:16 - Severability.

357-C:16 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source.
1986, 117:8, eff. July 19, 1986.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:1 - Intent.

357-D:1 Intent. –
The legislature finds and declares that manufacturers, distributors and importers of new motor vehicles should be obligated to provide speedy and less costly resolution of automobile warranty problems. Manufacturers should be required to provide in as expeditious a manner as possible a refund of the consumer's purchase price, payments to a lessor and lessee, or a replacement vehicle that is acceptable to the consumer whenever the manufacturer is unable to make the vehicle conform with its applicable warranty. New motor vehicle dealers and used motor vehicle dealers cannot be sued under this chapter.
Source.
1991, 222:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:5 - New Motor Vehicle Arbitration Board Established; Administrative Attachment; Rulemaking; Decisions.

357-D:5 New Motor Vehicle Arbitration Board Established;  Administrative Attachment;  Rulemaking;  Decisions. –
I. There is created a New Hampshire new motor vehicle arbitration board consisting of 5 members and 3 alternate members to be appointed by the governor and council. Terms of members shall be for 3 years. One member and one alternate of the board shall be new car dealers in New Hampshire, one member and one alternate shall be persons knowledgeable in automobile mechanics, and 3 members and one alternate shall be persons who represent consumers and have no direct involvement in the design, manufacture, distributions, sales or service of motor vehicles or their parts. Three members of the board shall constitute a quorum. Members shall be paid $50 per diem plus mileage.
II. The board shall be administratively attached to the department of safety under RSA 21-G:10.
III. The board shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this chapter.
IV. The board shall hold a hearing within 40 days of receipt of a complaint, unless an extension of time has been granted by the board under RSA 357-D:4, IV, and shall render a decision within 30 days of the conclusion of a hearing. The board shall have the authority to issue only damages as are provided by this chapter.
Source.
1991, 222:1. 1994, 220:4, 5. 2008, 282:7, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:6 - Appeal From Board's Decision.

357-D:6 Appeal From Board's Decision. –
I. The decision of the board shall be final and shall not be modified or vacated unless, on appeal to the superior court, a party to the arbitration proceeding proves, by clear and convincing evidence, that:
(a) The award was procured by corruption, fraud or other undue means.
(b) There was evident partiality by the board or corruption or misconduct by the board prejudicing the rights of any party.
(c) The board exceeded its powers.
(d) The board refused to postpone a hearing after being shown sufficient cause to do so, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the rules adopted by the board so as to prejudice substantially the rights of a party.
II. A party to the arbitration proceeding shall not pursue an appeal until a final decision has been rendered by the board. Any appeal shall be filed with the superior court within 30 days of the date of the written board decision.
Source.
1991, 222:1. 1994, 220:6, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:7 - Unfair and Deceptive Acts and Practices.

357-D:7 Unfair and Deceptive Acts and Practices. –
Failure of the manufacturer or distributor to comply with a decision of the board shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
Source.
1991, 222:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:8 - Dealer's Liability.

357-D:8 Dealer's Liability. –
Nothing in this chapter imposes any liability on a franchised motor vehicle dealer or creates a cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer's warranties. A dealer shall not be made a party defendant in any action involving or relating to this chapter, except as provided in this section. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising from this chapter.
Source.
1991, 222:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:9 - Notification to Consumers; Rulemaking by Department of Justice.

357-D:9 Notification to Consumers;  Rulemaking by Department of Justice. –
Beginning with the model year following July 1, 1992, the manufacturer of every motor vehicle sold in this state shall provide a clear and conspicuous written notice of the consumer's rights under this chapter as provided under RSA 357-D:4 at the time of the delivery of every such new motor vehicle in this state. The manufacturer shall provide the consumer with a self-addressed notice in a form developed in accordance with rules adopted by the department of justice under RSA 541-A and sufficient to notify the manufacturer of the consumer's election to proceed under this chapter. The manufacturer shall not delegate this responsibility to its authorized dealers. The manufacturer of every new motor vehicle sold in this state shall also provide a clear and conspicuous notice that informs consumers of their rights under this chapter.
Source.
1991, 222:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:10 - Costs and Attorney's Fees.

357-D:10 Costs and Attorney's Fees. –
In any action by a consumer against the manufacturer or distributor of a motor vehicle based upon the alleged breach of an express warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff costs and reasonable attorney's fees. If the court determines that the action was brought with no substantial justification, it may award costs and reasonable attorney's fees to the defendant.
Source.
1991, 222:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:11 - Limitations on Actions.

357-D:11 Limitations on Actions. –
I. Any proceeding initiated under the provisions of this chapter shall be commenced within one year following the later of:
(a) The expiration of the express warranty term; or
(b) The manufacturer's final repair attempt of the nonconformity, as provided in RSA 357-D:4, V which gave rise to the consumer's request that the vehicle be replaced or the money refunded.
II. Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other provision of law.
Source.
1994, 220:7, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-D - New Motor Vehicle Arbitration › Section 357-D:12 - Sale of Defective Motor Vehicles.

357-D:12 Sale of Defective Motor Vehicles. –
I. For purposes of this section "a serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
II. Any manufacturer or its agent or authorized dealer is prohibited from reselling in New Hampshire any vehicle determined or adjudicated by the board as having a serious safety defect.
Source.
1994, 395:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-E - Regulation of Manufacturers, Distributors and Dealers of New Trucks › Section 357-E:1 - Definitions.

357-E:1 Definitions. –
As used in this chapter:
I. "Motor vehicle" means any motor vehicle as defined by RSA 357-C:1.
II. "Truck" means any motor vehicle with not more than 6 wheels which is intended, designed or constructed to carry not more than 2,000 pounds of freight or merchandise.
III. "New truck" means any truck which has been sold only to a truck dealer by a manufacturer or distributor for the sale of that make of truck, which is in fact new, and on which the original title has not been issued from such dealer.
IV. "Truck dealer" means any person who:
(a) Is in the business of selling, offering to sell, soliciting or advertising the sale of new trucks, either as his primary business or incidental thereto; and
(b) Holds a valid sales and service agreement, franchise or contract, granted by the manufacturer or distributor for the sale of its new trucks.
V. "Manufacturer" means any person who manufactures or assembles new trucks or any partnership, firm, association, joint venture, corporation or trust, which is controlled by the manufacturer.
VI. "Distributor" means any person who sells or distributes new trucks to truck dealers.
Source.
1983, 430:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-E - Regulation of Manufacturers, Distributors and Dealers of New Trucks › Section 357-E:2 - Label Required.

357-E:2 Label Required. –
Every manufacturer or distributor of new trucks shall, before the delivery of any new truck to any truck dealer, securely affix a label to the rear window on the passenger's side of such truck and shall clearly, distinctly and legibly endorse on such label correct entries disclosing the following information concerning such truck:
I. The make, model, and serial or identification number or numbers;
II. The final assembly point;
III. The name and the location of the place of business of the dealer to whom it is to be delivered;
IV. The name of the city or town at which it is to be delivered to such dealer;
V. The method of transportation used in making delivery of such truck if it is driven or towed from final assembly point to place of delivery;
VI. The retail price of such truck suggested by the manufacturer;
VII. The retail delivered price suggested by the manufacturer for each accessory or item of optional equipment, physically attached to such truck at the time of its delivery to such dealer, which is not included within the price of such truck as stated pursuant to paragraph VI;
VIII. The amount charged, if any, to such dealer for the transportation of such truck to the location at which it is delivered to such dealer; and
IX. The total of the amounts specified pursuant to paragraphs VI, VII, and VIII.
Source.
1983, 430:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-E - Regulation of Manufacturers, Distributors and Dealers of New Trucks › Section 357-E:3 - Exclusions.

357-E:3 Exclusions. –
In the event that a motor vehicle dealer purchases a new truck from an out-of-state party other than the manufacturer or distributor of such truck, the provisions of RSA 357-E:2 shall not apply.
Source.
1983, 430:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-E - Regulation of Manufacturers, Distributors and Dealers of New Trucks › Section 357-E:4 - Penalties.

357-E:4 Penalties. –
I. Any manufacturer or distributor who willfully fails to affix to any new truck the label required by RSA 357-E:2 shall be guilty of a misdemeanor and shall be fined not more than $1,000. Such failure with respect to each truck shall constitute a separate offense.
II. Any manufacturer or dealer who willfully fails to endorse clearly, distinctly and legibly and label as required by RSA 357-E:2 or who makes a false endorsement of any such label shall be guilty of a misdemeanor and shall be fined not more than $1,000. Such failure or false endorsement with respect to each truck shall constitute a separate offense.
III. Any person who willfully removes, alters or renders illegible any label affixed to a new truck pursuant to RSA 357-E:2, or any endorsement on such label, prior to the time that such truck is delivered to the actual custody and possession of the ultimate purchaser of such new truck, except in the event such truck is rerouted, repurchased or reacquired by the manufacturer of such truck, shall be guilty of a misdemeanor. Such removal, alteration, or rendering illegible with respect to each truck shall constitute a separate offense.
Source.
1983, 430:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:1 - Definitions.

357-F:1 Definitions. –
In this chapter:
I. "Musical performance" means a musical performance, show, concert or other cultural event which includes vocal performances.
II. "Person" means any corporation, company, association, firm, partnership, and joint stock company as well as any individual.
III. "Place of musical entertainment" means any privately or publicly owned and operated entertainment facility within the state, such as a theater, stadium, arena or other place where musical performances are held and for which an entry fee is charged.
IV. "Promoter" means any person who produces, arranges, or stages a musical performance.
V. "Ticket" means any piece of paper which indicates that the bearer has paid for entry or other evidence which permits entry to a place of musical entertainment.
VI. "Ticket agent" means any person who is involved in the business of selling or reselling tickets or admission to a musical performance who charges a premium in excess of the price, plus taxes, printed on the ticket.
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:2 - Disclosure Required.

357-F:2 Disclosure Required. –
When the promoter knows, prior to the sale of any tickets for a musical performance which includes, either in whole or in part, vocal performances, the promoter shall disclose whether all the lead vocals consist of played recordings rather than the actual singing of those vocalists during that performance. The disclosure required under this section shall consist of the following:
I. Notice, in writing, to the place of musical entertainment where the musical performance is to be held; and
II. Notice, in writing, to every ticket agent receiving tickets for the musical performance in which all the lead vocals consist of played recordings rather than the actual singing of those vocalists.
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:3 - Duties of Place of Musical Entertainment.

357-F:3 Duties of Place of Musical Entertainment. –
I. A place of musical entertainment shall, upon receipt of a promoter's disclosure that all the lead vocals consist of played recordings rather than the actual singing of those vocalists, print on the face of each ticket, in a prominent and conspicuous manner, substantially the following: "(Insert name of lead vocalist or musical group) VOCALS PRE-RECORDED."
II. In addition to the requirements under paragraph I, the place of musical entertainment shall, in each advertisement for that musical performance, provide the following:
(a) In each printed advertisement in a prominent and conspicuous manner, a disclosure that either all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists. The disclosure shall consist of substantially the following: "(Insert name of lead vocalist or musical group) VOCALS ARE PRE-RECORDED."
(b) In each radio or telecommunication advertisement in a clear and prominent manner, a statement consisting of substantially the following statement: "THE LEAD VOCALS IN THIS MUSICAL PERFORMANCE ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:4 - Duties of Ticket Agent.

357-F:4 Duties of Ticket Agent. –
Every ticket agent receiving tickets for sale or resale to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, shall:
I. Display, in a location immediately adjacent to the booth, counter, or window where the tickets are sold, a prominent and conspicuous notice consisting of substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."
II. State, prior to the completion of any telephone sales transaction involving tickets to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:5 - Penalties.

357-F:5 Penalties. –
Notwithstanding title LXII:
I. Any ticket agent who violates the provisions of RSA 357-F:4 shall be guilty of a misdemeanor.
II. Any promoter or place of musical entertainment violating the provisions of this chapter shall be guilty of a misdemeanor.
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 357-F - Disclosure of Information Relating to Musical Performances › Section 357-F:6 - Enforcement.

357-F:6 Enforcement. –
The attorney general shall enforce the provisions of this chapter and shall adopt such rules, pursuant to RSA 541-A, as he deems reasonable and necessary in order to properly carry out his duties under this chapter.
Source.
1992, 236:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:1 - Definitions.

358-A:1 Definitions. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:3 - Exempt Transactions; Etc.

358-A:3 Exempt Transactions;  Etc. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:5 - Notice.

358-A:5 Notice. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:6 - Penalties.

358-A:6 Penalties. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:7 - Assurance of Discontinuance.

358-A:7 Assurance of Discontinuance. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:9 - Habitual Violation of Injunction.

358-A:9 Habitual Violation of Injunction. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:10 - Private Actions.

358-A:10 Private Actions. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:11 - Proof Required.

358-A:11 Proof Required. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:12 - Other Actions Saved.

358-A:12 Other Actions Saved. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-A - Regulation of Business Practices for Consumer Protection › Section 358-A:13 - Interpretation and Construction of Act.

358-A:13 Interpretation and Construction of Act. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-B - Chain Distributor Schemes › Section 358-B:1 - Definitions.

358-B:1 Definitions. –
In this chapter:
I. "Chain distributor scheme" means a sales device whereby a person, upon condition that he make an investment, is granted a license or right to solicit or recruit for profit or economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted such license or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of profits therefrom, does not change the identity of the scheme as a chain distributor scheme.
II. "Investment" means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes, without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale.
Source.
1975, 157:1, eff. July 25, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-B - Chain Distributor Schemes › Section 358-B:2 - Chain Distributor Schemes Prohibited.

358-B:2 Chain Distributor Schemes Prohibited. –
It shall be unlawful for any person, partnership, corporation, trust or association, or any agent or employee thereof, to promote, offer or grant participation in a chain distributor scheme.
Source.
1975, 157:1, eff. July 25, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-B - Chain Distributor Schemes › Section 358-B:3 - Penalty.

358-B:3 Penalty. –
Any person who violates the provisions of this chapter or an injunction issued under RSA 358-B:4 shall be guilty of a class B felony.
Source.
1975, 157:1, eff. July 25, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-B - Chain Distributor Schemes › Section 358-B:4 - Enforcement.

358-B:4 Enforcement. –
I. Whenever the attorney general has reason to believe that a chain distributor scheme is being or is about to be conducted by any person, he may bring an action in the name of the state against such person, and in connection with such action may request the court to issue a temporary restraining order and a temporary or permanent injunction against such scheme. If the court finds that a chain distribution scheme is being operated in violation of this chapter, the court shall award to the state civil penalties up to $10,000 for each such violation.
II. In connection with any action brought under this section, 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 for the purpose of preventing such person from continuing to engage in any act or practice declared to be unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property, real or personal, acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into his 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.
III. An action under this section may be brought in the superior court of the county in which the person who is alleged to be conducting or about to conduct a chain distributor scheme resides or has his principal place of business, or, with the consent of the parties, or if the person is a nonresident and has no permanent place of business within the state, in the superior court of Merrimack county.
Source.
1975, 157:1, eff. July 25, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-B - Chain Distributor Schemes › Section 358-B:5 - Unfair Trade Practice.

358-B:5 Unfair Trade Practice. –
Any violation of RSA 358-B:2 shall also constitute an unfair method of competition or any unfair or deceptive act or practice within the meaning of RSA 358-A, and shall subject the defendant in such case to a cause of action under RSA 358-A:10.
Source.
1975, 157:1, eff. July 25, 1975.