reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-C - Unfair, Deceptive or Unreasonable Collection Practices › Section 358-C:1 - Definitions.

358-C:1 Definitions. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-C - Unfair, Deceptive or Unreasonable Collection Practices › Section 358-C:2 - General Prohibition.

358-C:2 General Prohibition. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-C - Unfair, Deceptive or Unreasonable Collection Practices › Section 358-C:4 - Remedies.

358-C:4 Remedies. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-C - Unfair, Deceptive or Unreasonable Collection Practices › Section 358-C:5 - Check Collection Charges.

358-C:5 Check Collection Charges. –
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.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:1 - Definitions.

358-D:1 Definitions. –
As used in this chapter:
I. "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
II. "Counterfeit supplemental restraint system" means a supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from such manufacturer or supplier, including, but not limited to, an airbag cover, an inflator, cushion material, sensors, a control unit, and seat belt tensors.
III. "Customer" means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.
IV. "Motor vehicle" means any vehicle defined by RSA 259:60, I except "motor trucks," "motorcycles" and "motor-driven cycles" as defined by RSA 259.
V. "Motor vehicle repair facility" means any person who performs services or repair work on any motor vehicle.
VI. "Nonfunctional airbag" means an airbag that meets any of the following criteria:
(a) The airbag was previously deployed or damaged.
(b) The airbag has an electric fault that is detected by the motor vehicle's diagnostic system when the installation procedure is completed and:
(1) The motor vehicle is returned to the customer who requested the work be performed; or
(2) Ownership of the vehicle is intended to be transferred.
(c) The airbag includes a part or object installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.
(d) The airbag is subject to the prohibitions of 49 U.S.C. section 30120(j).
VII. "Person" means any person defined by RSA 358-A:1, I.
VIII. "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. section 571.209, and which includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following:
(a) The airbag operates as designed in the event of a collision.
(b) The airbag is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
Source.
1977, 295:1. 1981, 146:5, eff. Jan. 1, 1982. 2020, 33:11, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:2 - When Written Estimate Required.

358-D:2 When Written Estimate Required. –
Upon the request of any customer, a motor vehicle repair facility shall provide a written estimate to the customer in advance of performing any service or repair work. The written estimate shall contain:
I. An itemization of the service or repair work to be performed;
II. An estimated price for labor and parts necessary to complete the work; and
III. An estimated completion date.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:3 - Authorization to Proceed.

358-D:3 Authorization to Proceed. –
A motor vehicle repair facility shall not perform any service or repair work set forth in the written estimate unless it receives the written permission of the customer to proceed; provided, however, that if it is impracticable to give the customer a written estimate or obtain his written permission to proceed, the motor vehicle repair facility may orally advise the customer of the items contained in the written estimate and obtain his oral permission to proceed.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:4 - Additional Service or Repair Work.

358-D:4 Additional Service or Repair Work. –
If additional service or repair work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a motor vehicle repair facility shall notify the customer of the estimated cost of such additional work and receive his written or oral permission to proceed before performing the work.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:5 - Effect of Exceeding the Estimate.

358-D:5 Effect of Exceeding the Estimate. –
Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount which exceeds the estimate by 10 percent without his written consent.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:6 - Service or Repair Delay.

358-D:6 Service or Repair Delay. –
A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by:
I. An act of God;
II. Strike;
III. Unexpected illness;
IV. Unexpected shortage of labor or parts; or
V. Unavailability of customer to give permission to perform additional service or repair work.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:7 - When Written Estimate Not Required.

358-D:7 When Written Estimate Not Required. –
A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:8 - Service or Repair Work Where Estimate Not Requested.

358-D:8 Service or Repair Work Where Estimate Not Requested. –
Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:9 - Return of Replaced Parts.

358-D:9 Return of Replaced Parts. –
With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.
Source.
1977, 295:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:10 - Required Work Invoice.

358-D:10 Required Work Invoice. –
I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:
(a) All work that the motor vehicle repair facility has performed;
(b) All work that any subcontractor has performed;
(c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and
(d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.
II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.
III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.
IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.
V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.
Source.
1977, 295:1, eff. Aug. 26, 1977
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:11 - Notice Requirements.

358-D:11 Notice Requirements. –
Each motor vehicle repair facility shall conspicuously post a notice of no fewer than 6 square feet on the premises of the facility for the purpose of advising any customer of his rights under this chapter. The notice shall contain the following information:
I. The motor vehicle repair facility must provide to any customer upon request a written estimate for service or repair work to be performed and cannot proceed to perform such work unless written or oral authorization is obtained;
II. If additional repair or service work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, it must notify the customer of the estimated cost of such additional repairs and obtain his written or oral permission to proceed;
III. The customer cannot be charged any amount which exceeds the estimate for the original or additional work by 10 percent without his written consent;
IV. The motor vehicle repair facility is not required to give a written estimate if it does not agree to perform the service or repair work. However, the facility is prohibited from engaging in any conduct which will cause a customer to waive his right to an estimate as a condition to performing any service or repair work;
V. Even where a customer has not requested an estimate, the motor vehicle repair facility is not permitted to perform any service or repair work without his authorization;
VI. The customer has a right to a return of all replaced parts, except those parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, if he requests that they be returned to him prior to the service or repair work being performed;
VII. The customer must be provided with an invoice for any service or repair work performed which itemizes all work performed, all parts supplied having a value in excess of $.50 and all labor charged and states whether or not any guarantee exists, and if so, its terms and the period for which it will be in effect;
VIII. A motor vehicle repair facility which fails to comply with any of these requirements is not entitled to any payment whatsoever for any service or repair work performed which was not authorized by the customer; and
IX. Any complaint concerning a failure of a motor vehicle repair facility to comply with these requirements should be filed with the Attorney General, Department of Justice, State House Annex, Concord, New Hampshire 03301. The attorney general may, in his discretion, approve any notice which substantially complies with the requirements of this paragraph.
Source.
1977, 295:1. 1979, 171:1. 1985, 300:7, I(a), (b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:11-a - Sale, Purchase, and Installation of Airbags; Criminal Penalty Established.

358-D:11-a Sale, Purchase, and Installation of Airbags;  Criminal Penalty Established. –
I. Any person who knowingly manufactures, imports, sells, offers for sale, purchases, installs, or reinstalls any object intended to replace a supplemental restraint system component as part of a vehicle inflatable restraint system, and said object is not a properly operating airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, including a counterfeit supplemental restraint system component or a nonfunctional airbag, shall be guilty of a class A misdemeanor.
II. Any person who knowingly and intentionally sells, installs, or reinstalls a device that causes a motor vehicle's diagnostic system to fail to warn when the motor vehicle is equipped with a counterfeit supplemental restraint system component or a nonfunctional airbag or when no airbag is installed shall be guilty of a class A misdemeanor.
Source.
2003, 297:1, eff. Sept. 16, 2003. 2020, 33:12, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:11-b - Installation of Recycled Airbag; Disposal of Counterfeit Supplemental Restraint System Components or Nonfunctional Airbags.

358-D:11-b Installation of Recycled Airbag;  Disposal of Counterfeit Supplemental Restraint System Components or Nonfunctional Airbags. –
I. Nothing in RSA 358-D:11-a shall prohibit the installation or reinstallation of a recycled airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system.
II. Nothing in RSA 358-D:11-a shall prohibit automotive dealers, repair professionals, recyclers, original equipment manufacturers, or contractors from disposing of counterfeit supplemental restraint system components or nonfunctional airbags in accordance with federal or state law.
Source.
2003, 297:1, eff. Sept. 16, 2003. 2020, 33:13, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-D - Regulation of Motor Vehicle Repair Facilities › Section 358-D:12 - Remedies.

358-D:12 Remedies. –
I. Any violation of any provision of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
II. Except as provided in paragraph III of this section, any motor vehicle repair facility which violates any provision of this chapter with respect to any service or repair work performed on a motor vehicle for any customer shall not be entitled to any payment whatsoever for such work.
III. A motor vehicle repair facility shall be entitled to payment for service or repair work performed on a motor vehicle to the extent such work was authorized by the customer pursuant to this chapter. The burden of proving such work was so authorized shall rest on the motor vehicle repair facility.
IV. Payment, by any customer, of charges presented by a motor vehicle repair facility for service or repair work performed shall not be construed as a waiver of any right set forth in this chapter.
V. The remedies provided in this section shall be in addition to any other right, remedy, or penalty provided by law, including RSA 358-D:11-a and RSA 358-D:11-b.
Source.
1977, 295:1. 2003, 297:2, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-E - Distributorship Disclosure Act › Section 358-E:1 - Definitions.

358-E:1 Definitions. –
As used in this chapter:
I. [Repealed.]
II. "Distributorship" means a contract or agreement, either express or implied, whether oral or written, by which the grantor, in exchange for the payment of a distributorship fee:
(a) Grants the distributor the right to:
(1) Offer, sell or distribute goods manufactured or supplied by the grantor through vending machines, racks, display cases, or other similar devices; or
(2) Purchase from the grantor or an affiliate of the grantor an inventory of products for sale or distribution in or on such vending machines, racks, display cases, or other similar devices; or
(3) Purchase or lease from the grantor or an affiliate of the grantor vending machines, racks, display cases, or other similar devices to be used for the sale or distribution of merchandise; and
(b) Represents that it will provide locations or assist the distributor in finding locations for the use or operation of such vending machines, racks, display cases, or other similar devices on property owned, leased or controlled by a third party.
III. "Person" means any person defined by RSA 358-A:1, I.
IV. "Grantor" is a person who grants a distributorship or any agent or representative thereof.
V. "Distributor" means a person to whom a distributorship is granted.
VI. "Prospective distributor" means any person who approaches, or is approached by, a grantor for the purpose of investigating the prospect of establishing a distributorship between such person and such grantor.
VII. "Distributorship fee" means a fee or charge that a distributor is required to pay or agrees to pay for the right to enter into a business under a distributorship agreement, including but not limited to payments for goods and services. "Distributorship fee" shall not include payments for the purchase of sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.
Source.
1977, 307:1. 1979, 171:1. 1985, 300:29, IV.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-E - Distributorship Disclosure Act › Section 358-E:2 - Prohibitions on the Advertising or Sale of Distributorships.

358-E:2 Prohibitions on the Advertising or Sale of Distributorships. –
No person may advertise, offer, contract, sell, or promote any distributorship in this state unless the person has registered with the attorney general, as provided in RSA 358-E:3.
Source.
1977, 307:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-E - Distributorship Disclosure Act › Section 358-E:4 - Disclosure Statement.

358-E:4 Disclosure Statement. –
A grantor shall provide to each prospective distributor a disclosure statement which contains the documents and information required to be filed with the attorney general at least 7 days prior to entering into any distributorship contract or agreement with such prospective distributor, or at least 7 days prior to the receipt by the grantor of any consideration from the prospective distributor, whichever occurs first.
Any distributorship contract or agreement shall state in immediate proximity to the space reserved for the distributor's signature, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
"THE NEW HAMPSHIRE DISTRIBUTORSHIP DISCLOSURE ACT MAKES IT UNLAWFUL TO SELL ANY DISTRIBUTORSHIP IN THIS STATE WHICH IS SUBJECT TO THAT ACT WITHOUT FIRST PROVIDING TO THE PROSPECTIVE DISTRIBUTOR AT LEAST 7 DAYS PRIOR TO THE EXECUTION BY SUCH DISTRIBUTOR OF ANY BINDING DISTRIBUTORSHIP AGREEMENT, OR AT LEAST 7 DAYS PRIOR TO THE PAYMENT OF ANY CONSIDERATION, WHICHEVER OCCURS FIRST, A COPY OF THIS DISCLOSURE STATEMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE DISTRIBUTORSHIP. IF THESE DOCUMENTS HAVE NOT BEEN PRESENTED TO YOU IN ACCORDANCE WITH THESE REQUIREMENTS, YOU MAY VOID THE AGREEMENT WITHIN 90 DAYS BY SENDING NOTICE OF YOUR INTENTION TO THE GRANTOR BY UNITED STATES MAIL, RETURN RECEIPT REQUESTED. UPON RECEIPT OF THE NOTICE, THE GRANTOR MUST REFUND ALL MONIES YOU HAVE PAID FOR THE DISTRIBUTORSHIP PLUS INTEREST. THE DISCLOSURE STATEMENT CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE DISTRIBUTORSHIP AGREEMENT. THE AGREEMENT SHOULD BE CAREFULLY READ FOR AN UNDERSTANDING OF ALL RIGHTS AND OBLIGATIONS OF BOTH GRANTOR AND DISTRIBUTOR."
Source.
1977, 307:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-E - Distributorship Disclosure Act › Section 358-E:5 - Acts Unlawful.

358-E:5 Acts Unlawful. –
It shall be unlawful for any person, in connection with the advertising, offering, contracting, sale or promoting of any distributorship in this state:
I. To fail to comply with any provision of this chapter;
II. To employ any device, scheme or artifice to defraud a distributor;
III. To make any untrue statement of a material fact, or to omit to state a material fact in connection with the documents and information required to be furnished to the attorney general or prospective distributor; and
IV. To make any claim or representation in advertising or promotional material, or in any oral sales presentation, solicitation, or discussion between the grantor and a prospective distributor, which is inconsistent with the information required to be disclosed by this chapter.
Source.
1977, 307:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-E - Distributorship Disclosure Act › Section 358-E:6 - Remedies.

358-E:6 Remedies. –
I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
II. Any distributor may bring an action under RSA 358-A for violation of this chapter to recover damages sustained by reason of such violation against the grantor or any other person who has materially participated or aided in making such sale. Said distributor may proceed against any escrowed or impounded funds or surety bond to recover damages.
III. (a) If the grantor has failed to register the distributorship or has failed to provide to a distributor a disclosure statement as required by this chapter, the distributor may elect to void the distributorship agreement. Notice of any such election shall be given by the distributor within 90 days after the distributor has knowledge of the failure of the grantor to comply with the requirements of this chapter to each person from whom recovery will be sought, by United States mail, return receipt requested, or by personal service.
(b) Upon receipt of such notice, the grantor or any other person who has materially participated or aided in making such sale may offer to return any consideration paid or to repurchase the distributorship for a price equal to the full amount paid, together with 6 percent interest on said amount from the date of payment, less any income received from the distributorship. Every offer shall be in writing, shall be delivered to the distributor or sent by United States mail, return receipt requested, addressed to the distributor, shall offer to return any consideration paid or to repurchase the distributorship for a price equal to the full amount paid together with 6 percent interest on said amount from the date of payment, less any income received by the distributor, and may require the distributor to return to the person making such offer all unsold goods, equipment, fixtures, leases and similar items received. Such offer shall continue in force for 15 days from the date on which it was received by the distributor, shall advise the distributor of such rights and the period of time limited for acceptance thereof, and shall contain such further information, if any, as the division may prescribe. If the offer is accepted, the grantor must pay all sums due within 10 days of its receipt of the acceptance.
(c) A distributor shall waive any right to proceed against the grantor for its failure to register or provide a disclosure statement if said distributor fails to accept an offer tendered pursuant to the provisions of paragraph III(a) and (b).
Source.
1977, 307:1, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-F - Sale of Unsafe Used Motor Vehicles; Inspection › Section 358-F:1 - Definitions.

358-F:1 Definitions. –
As used in this chapter:
I. "Customer" means any person who is seeking to purchase, is purchasing, or has purchased a used motor vehicle at retail.
II. "Dealer" means any person who is engaged in the business of selling at retail used motor vehicles.
III. "Person" means any person defined by RSA 358-A:1, I.
IV. "Used motor vehicle" means any motor vehicle as defined by RSA 259:60, I, which has been previously leased, rented or sold at retail.
Source.
1977, 541:1. 1981, 146:5, XXVIII, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-F - Sale of Unsafe Used Motor Vehicles; Inspection › Section 358-F:2 - Inspection.

358-F:2 Inspection. –
Before selling to any customer any used motor vehicle which is unsafe for operation upon the highways pursuant to RSA 266:8, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states:
This motor vehicle will not pass a New Hampshire inspection and is unsafe for operation. The following defects must be corrected before an inspection sticker will be issued.
The dealer shall list all inspection defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection.
Source.
1977, 541:1. 1981, 146:5, XXIX, eff. Jan. 1, 1982.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-F - Sale of Unsafe Used Motor Vehicles; Inspection › Section 358-F:3 - Notice of Rights.

358-F:3 Notice of Rights. –
Each dealer shall notify each customer of his rights under this chapter before selling an unsafe used motor vehicle to the customer and shall obtain a written acknowledgment from the customer that he has been so notified.
Source.
1977, 541:1, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-F - Sale of Unsafe Used Motor Vehicles; Inspection › Section 358-F:4 - Remedy.

358-F:4 Remedy. –
A failure of any dealer to comply with the provisions of this section, or a concealment by any dealer of any defect which was discovered, or should have been discovered, during the inspection required by RSA 358-F:2 is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
Source.
1977, 541:1, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-G - Regulation of Auctions › Section 358-G:1 - Definitions.

358-G:1 Definitions. –
As used in this chapter:
I. "Auction"means the sale of real or personal property, or both, in which the sale price of the property offered is increased by competitive bids until the highest accepted bidder becomes the purchaser, pursuant to RSA 311-B.
II. "Collusive bidding" means a practice whereby the auctioneer, the seller, or anyone acting on behalf of the auctioneer or seller, causes, employs any person to engage in, or knowingly allows, fictitious bidding during an auction for the purpose of bidding up the price of any goods in competition with bona fide bidders, or for the purpose of encouraging or enticing bona fide bidders to purchase, or for the purpose of stimulating competitive bidding to purchase. Collusive bidding shall include any use of false bidders, cappers, shills, or by-bidders.
III. "Person" means any person defined by RSA 358-A:1, I.
Source.
1979, 447:1. 1998, 17:1, eff. Jan. 1, 1999. 2010, 291:13, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-G - Regulation of Auctions › Section 358-G:2 - General Prohibitions.

358-G:2 General Prohibitions. –
I. No person shall advertise as an auction the sale of property unless such advertised sale is conducted pursuant to RSA 311-B.
II. No person shall enter into and participate in collusive bidding practices.
Source.
1979, 447:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-G - Regulation of Auctions › Section 358-G:2-a - Disclosure Required.

358-G:2-a Disclosure Required. –
If a buyer's premium is to be charged at any auction held in this state, any advertisement for such auction shall state clearly that a buyer's premium will be charged. In addition, a notice disclosing that a buyer's premium will be charged shall also be posted conspicuously at the site of the auction.
Source.
1994, 141:1, eff. July 22, 1994.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-G - Regulation of Auctions › Section 358-G:3 - Remedy; Penalties.

358-G:3 Remedy;  Penalties. –
Any violation of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2, provided that, notwithstanding RSA 358-A:6, any person who violates RSA 358-G:2, II shall be guilty of a class A misdemeanor if a natural person or a felony if any other person. Any right or remedy set forth in RSA 358-A may be used to enforce this chapter.
Source.
1979, 447:1. 1998, 17:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:1 - Definitions.

358-H:1 Definitions. –
As used in this chapter, the following terms shall have the following meanings:
I. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
II. "Prospective tenant" means any person who pays a fee or other consideration to a rental referral agency for assistance in obtaining information about specific rental properties.
III. "Rental property" means any house or building or portion of a house or building which is rented, leased or hired out to be occupied as a home or residence by one or more persons.
IV. "Rental referral agency" means any person who collects rental information for the purpose of assisting prospective tenants in locating specific rental properties in exchange for a fee or other consideration. It shall include, but not be limited to, businesses referred to by such terms as rental information service, apartment locator service, or apartment listing service. It shall not include businesses in which all agency employees and representatives who assist prospective tenants are licensed real estate salesmen or brokers, or are under the direct supervision of such salesmen or brokers, to the extent that such salesmen or brokers are actually engaging in or conducting the business, or acting in the capacity, of a real estate broker or salesman as defined and regulated by RSA 331-A.
Source.
1983, 438:1. 1985, 174:1, eff. July 26, 1985.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:2 - Fees and Deposits.

358-H:2 Fees and Deposits. –
No rental referral agency shall charge or attempt to collect any fee or other consideration from any prospective tenant in excess of $10 except where rental property is in fact obtained by such prospective tenant through the assistance of that agency. For the purposes of this section, such rental property is obtained when the prospective tenant has contracted to rent the property.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:3 - Contract Requirements.

358-H:3 Contract Requirements. –
I. No rental referral agency shall charge or attempt to collect any fee or other consideration from any prospective tenant except pursuant to a written contract which shall be delivered to the prospective tenant at the time the contract is signed. Every contract must constitute the entire agreement between the parties, shall be dated, and shall be signed by the prospective tenant.
II. Every written contract between a rental referral agency and a prospective tenant shall further include provisions stating:
(a) The specifications of rental property sought by the prospective tenant, including maximum rent, desired lease period, geographic area, number of bedrooms required, number of occupants to be housed, and number and type of pets.
(b) That any deposit in excess of $10 shall be repaid or refunded to the prospective tenant, upon demand, should the specified rental property not be obtained through the agency's assistance within 30 days of the contract.
(c) That the full deposit or fee shall be repaid or refunded to the prospective tenant if the information concerning rental properties is not accurate or current as required by RSA 358-H:4, I.
(d) That the rental referral agency will maintain a surety bond in compliance with RSA 358-H:8 and identifying the bonding company.
(e) The manner in which the rental property information has been collected and the form in which it will be furnished to the prospective tenant.
(f) The name, address, and telephone number of the person to whom complaints and requests for refunds should be directed.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:4 - Representations of Availability and Consent of Lessor.

358-H:4 Representations of Availability and Consent of Lessor. –
I. A rental referral agency shall not make any representation that any rental property is available for rent unless availability has been verified by the agency through contact with the lessor within 48 hours prior to the representation. The availability of rental property described in media advertisements shall be verified within 48 hours prior to the appearance of the advertisement and written evidence of such action shall be made available to prospective tenants upon request.
II. Notations of the time and date of verification and the verifier's identity shall be recorded by the agency and made available for inspection by a person from whom the agency has received a deposit or a fee.
III. A rental referral agency shall not refer a prospective tenant to any rental property without the consent of the lessor.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:5 - Remedies.

358-H:5 Remedies. –
I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter.
II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:6 - Waiver of Provisions.

358-H:6 Waiver of Provisions. –
Any waiver of the prospective tenant of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:7 - Applicability.

358-H:7 Applicability. –
The provisions of this chapter shall apply to all rental referral agencies doing business in this state and to all contracts entered into on or after June 24, 1983.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-H - Regulation of Rental Referral Agencies › Section 358-H:8 - Surety Bond.

358-H:8 Surety Bond. –
A rental referral agency shall post a surety bond of not less than $20,000 with the attorney general, department of justice. The type of surety bond shall be designated by the attorney general. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this state. The surety may cancel the bond at any time upon giving 30 days' written notice to the attorney general. Any person who is damaged by any violation of this chapter, or by the rental referral agency's breach of the contract subject thereto, may bring an action against the bond to recover damages suffered and any other amounts allowable by law. The attorney general, in an action brought under this chapter or any other applicable provision of law, may likewise proceed against the bond. In no event shall the aggregate liability of the surety for all claims exceed the bond amount.
Source.
1983, 438:1. 1985, 300:7, I(a), (b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:3 - Contract Requirements; Disclosure of Cancellation Rights.

358-I:3 Contract Requirements;  Disclosure of Cancellation Rights. –
I. A fully completed copy of each prepaid contract shall be delivered to the buyer at the time the contract is signed. Every contract must constitute the entire agreement between the seller and the buyer, shall be in writing, shall be signed by the buyer, and shall designate the date on which the buyer signed the contract.
II. Each prepaid contract shall state in at least 10 point boldface type the following:
(a)
"NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES."
(b)
"STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTH'S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS."
III. Every purchaser of a prepaid membership shall be entitled to cancel his or her contract within 3 business days by notifying the health club in writing by midnight of the third business day following the date of purchase of the membership contract. Written notification is deemed given if mailed or delivered by midnight of the third business day. All money collected pursuant to the contract shall be refunded to the purchaser exercising the right to cancel.
IV. Each prepaid contract shall contain in at least 10 point boldface type a statement in substantially the following form:
"YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION."
The buyer may cancel by written notice mailed to the seller, preferably by certified or registered letter; or he may cancel by delivering a notice in person within the cancellation period. If such notice is delivered, the buyer shall be entitled to a receipt.
V. Each prepaid contract shall further contain a statement notifying the buyer of each of his rights under RSA 358-I:6.
VI. Each club shall provide the attorney general with a copy of its membership contract.
Source.
1983, 438:1. 1987, 397:4. 1998, 305:6, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:4 - List of Membership Plans.

358-I:4 List of Membership Plans. –
I. Each health club operating in this state shall prepare a comprehensive list of all membership plans offered for sale by the health club and the respective price of each plan. The list shall be shown to each prospective purchaser of a membership plan.
II. A health club is prohibited from selling a membership plan not included in this list and in the registration statement required by RSA 358-I:2, I.
Source.
1983, 438:1, eff. June 24, 1983.