2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:13 - Prohibitions; Fraud and Dishonesty.

399-D:13 Prohibitions;  Fraud and Dishonesty. –
I. No person, in connection with the business of a debt adjuster, directly or indirectly shall:
(a) Employ any device, scheme, or artifice to defraud;
(b) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or
(c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; or
(d) Make fraudulent misrepresentations or circumvent or conceal any material information required to be provided to a debtor under the provisions of this chapter; or
(e) Engage in dishonest or unethical practices in conducting the business of debt adjustment.
II. No person shall:
(a) Make or cause to be made in any document filed under this chapter or in any proceeding under this chapter any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect;
(b) In connection with such statement, omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading;
(c) Instruct, solicit, propose, or cause a person to sign another's signature on any document without legal authority; or
(d) Solicit, accept, or execute any contract or other document related to any transaction that contains any blanks to be filled in after signing or initialing the contract or other document, except for forms authorizing the verification of application information or as otherwise expressly provided in this chapter.
III. No person shall, in connection with a debt adjustment contract:
(a) Purchase from a creditor any obligation of a debtor;
(b) Operate as a collection agent on behalf of a creditor and as a debt adjuster on behalf of a debtor for the same debtor's account;
(c) [Repealed.]
(d) Receive or charge any fee in the form of a promissory note or other promise to pay, or receive or accept any wage assignment, mortgage, or other security for any fee, either as real or personal property;
(e) Pay any compensation to any person for the referral of a debtor to his or her business or accept or receive any compensation for referring any debtor to any person for any reason;
(f) Engage in the practice of law;
(g) Perform or offer to perform any legal service; and
(h) Give or offer to give any legal advice.
IV. No person shall by any means represent or imply that such person's employees, on behalf of the debtor, may:
(a) Authorize or be competent to furnish legal advice or perform legal services; or
(b) Assume authority on behalf of any creditor or debtor; or
(c) Accept a power of attorney authorizing such employee to employ or terminate the services of an attorney or to arrange the terms of, or compensate for, such services; or
(d) Communicate with any debtor or creditor or any other person in the name of an attorney or upon the stationery of an attorney; or
(e) Prepare any form or instrument which only an attorney is authorized to prepare; or
(f) Borrow money from or pledge assets to any attorney; or
(g) Refer any debtor to any particular attorney.
Source.
2016, 151:1, eff. Jan. 1, 2017. 2019, 36:32, 51, II, eff. May 15, 2019.