reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:28 - Consumer Report Files of Deceased Persons.

359-B:28 Consumer Report Files of Deceased Persons. –
I. An executor, administrator, or other person authorized to act on behalf of an estate of a deceased person may request that a consumer reporting agency indicate on the deceased person's consumer report that the person is deceased. The consumer reporting agency shall indicate on the deceased person's consumer report that the person is deceased within 5 business days of receipt of the following documentation from the executor, administrator, or other person authorized to act on behalf of the estate of the deceased person:
(a) A certificate of death, a certificate of appointment, letters testamentary, or other order from the probate court authorizing the executor, administrator, or other person to act on behalf of the estate of the deceased person; and
(b) A request to indicate on the deceased person's consumer report that the person is deceased.
II. The consumer reporting agency may remove the indication placed on the person's consumer report pursuant to paragraph I if the consumer reporting agency finds that the indication was placed on the person's consumer report through material misrepresentation of fact. If the consumer reporting agency intends to remove the indication pursuant to this section, the consumer reporting agency shall notify the person or the executor, administrator, or other person authorized to act on behalf of the estate in writing prior to removing the indication.
Source.
2006, 208:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:29 - Police Report Regarding Identity Theft.

359-B:29 Police Report Regarding Identity Theft. –
I. A person who has learned or reasonably suspects that he or she has been the victim of identify theft may contact the local law enforcement agency that has jurisdiction over his or her place of residence, which shall take a police report of the matter, and provide the complainant with a copy of that report. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity fraud, the local law enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and may refer the complaint to a law enforcement agency in a different jurisdiction.
II. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes. A complaint filed under this section is not required to be counted as an open case for purposes such as compiling open case statistics.
Source.
2006, 208:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:2 - Purpose.

359-C:2 Purpose. –
The general court finds and declares as follows:
I. The confidential relationships between financial institutions and creditors and their respective customers are built on trust and must be preserved and protected.
II. The purpose of this chapter is to protect the confidential relationship between financial institutions and creditors and their respective customers.
Source.
1977, 594:1. 1983, 174:1. 1992, 268:1, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:4 - Access to Records.

359-C:4 Access to Records. –
I. Except as provided in RSA 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial or credit records of any customer from a financial institution or creditor unless the financial or credit records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and:
(a) Such customer has authorized such disclosure under RSA 359-C:7;
(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in RSA 359-C:8;
(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in RSA 359-C:9; or
(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to RSA 359-C:10.
II. [Repealed.]
III. Nothing in this section or in RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.
IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to RSA 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer's account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
Source.
1977, 594:1. 1983, 174:3. 1992, 268:3, 4, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:5 - Disclosure of Records.

359-C:5 Disclosure of Records. –
I. Except in accordance with requirements of RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10, no financial institution or creditor, nor any director, officer, employee, or agent thereof may provide or authorize another to provide to an officer, employee or agent of a state or local agency or department thereof any financial, or credit records, copies thereof, or the information contained therein if the director, officer, employee or agent of the financial institution or creditor knows or has reasonable cause to believe that such financial or credit records or information are being requested in connection with a civil or criminal investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.
II. This section is not intended to prohibit disclosure of the financial or credit records of a customer or the information contained therein incidental to a transaction in the normal course of business of such financial institution or creditor if the director, officer, employee or agent thereof making or authorizing the disclosure has no reasonable cause to believe that the financial or credit records or the information contained in such records so disclosed will be used by a state or local agency or department thereof in connection with an investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.
II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or the attorney general, or either of their authorized designees, the financial or credit records of a customer or any other person, or the information contained therein when the director, officer, employee or agent of the financial institution has reasonable cause to believe the customer, or other person, is utilizing the services of the institution to defraud the institution or any other person.
III. A financial institution or creditor which refuses to disclose the financial or credit records of a customer, copies thereof or the information contained therein in reliance in good faith upon the prohibitions of RSA 359-C:5, I, shall not be liable to its customer, to a state or local agency or to any other person for any loss or damage caused in whole or in part by such refusal.
Source.
1977, 594:1. 1983, 174:4. 1992, 268:5. 2005, 233:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:6 - Use Restricted.

359-C:6 Use Restricted. –
Copies of financial or credit records or the information contained therein, including information supplied pursuant to RSA 359-C:11, II, which are obtained by any state agency, local agency or supervisory agency may not be:
I. Used or retained in any form for any purpose other than the specific statutory purposes for which the information was originally obtained; or
II. Provided to any other governmental department or agency or other person except where authorized by state law. If in the course of an investigation conducted pursuant to the provisions of this chapter, an officer, employee or agent of a state or local agency or department thereof discovers financial or credit records indicating a possible violation of law which such agency is without statutory authority to investigate or prosecute, the information in such financial or credit records shall be provided to the county attorney of the county in which such financial or credit records were examined or to the attorney general.
Source.
1977, 594:1. 1983, 174:5, eff. Aug. 9, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:7 - Customer Authorized Disclosure.

359-C:7 Customer Authorized Disclosure. –
I. A customer may authorize disclosure under RSA 359-C:4, I(a), if those seeking disclosure furnish to the financial institution or creditor a signed and dated statement by which the customer:
(a) Authorizes such disclosure for a period to be set forth in the authorization statement;
(b) Specifies the name of the agency or department to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained; and
(c) Identifies the financial or credit records which are authorized to be disclosed.
II. No such authorization shall be required as a condition of doing business with such financial institution or creditor.
III. Any officer, employee or agent of a state or local agency seeking customer authorization for disclosure of customer financial or credit records shall notify the customer that the customer has the right at any time to revoke such authorization, except where such authorization is required by statute.
IV. An agency or department examining the financial or credit records of a customer pursuant to this section shall notify the customer in writing within 30 days of such examination. Such notice shall specify the financial or credit records which were examined and the reason for such examination.
Source.
1977, 594:1. 1992, 268:6, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:8 - Administrative Subpoena; Summons.

359-C:8 Administrative Subpoena;  Summons. –
I. An officer, employee or agent of a state or local agency or department thereof may obtain financial or credit records under RSA 359-C:4, I(b), pursuant to an administrative subpoena or summons otherwise authorized by law and served upon the financial institution or creditor only if:
(a) The person issuing such administrative summons or subpoena has served a copy of the subpoena or summons on the customer; and
(b) The subpoena or summons includes the name of the agency or department on whose name the subpoena or summons is issued and the statutory purpose for which the information is to be obtained; and
(c) The customer has not moved to quash such subpoena or summons within 10 days of service.
II. Nothing in this chapter shall preclude a financial institution or creditor from notifying a customer of the receipt of an administrative summons or subpoena.
Source.
1977, 594:1. 1992, 268:7, 8, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:9 - Obtaining Records by Search Warrant.

359-C:9 Obtaining Records by Search Warrant. –
An officer, employee or agent of a state or local agency or department thereof may obtain financial or credit records under RSA 359-C:4, I(c), only if he obtains a search warrant pursuant to RSA 595-A. Examination of financial or credit records may occur as soon as the warrant is served on the financial institution or creditor.
Source.
1977, 594:1. 1992, 268:9, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:10 - Obtaining Records by Subpoena.

359-C:10 Obtaining Records by Subpoena. –
I. An officer, employee or agent of a state or local agency or department thereof may obtain financial or credit records under RSA 359-C:4, I(d), pursuant to a judicial subpoena or subpoena duces tecum only if:
(a) The subpoena or subpoena duces tecum is issued and served upon the financial institution or creditor and served upon or mailed to the customer; and
(b) Ten days after the service date passes, or 14 days after the mailing date passes without notice to the financial institution or creditor that the customer has moved to quash the subpoena. If testimony is to be taken, or financial or credit records produced, before a court, the notice periods provided for in this paragraph may be shortened by the court issuing the subpoena or subpoena duces tecum upon a showing of reasonable cause. The court shall direct that all reasonable measures be taken to notify the customer within the time so shortened.
II. Without limiting in any way the authority of the grand jury, a grand jury is authorized to and may, upon a resolution adopted by a majority of its members, obtain financial or credit records pursuant to a subpoena duces tecum bearing the authenticating signature of the clerk of court. The grand jury may appoint, by resolution, any person as its agent for purposes of receiving the information set forth in the subpoena. Notwithstanding RSA 359-C:4, IV, the grand jury may further adopt a resolution prohibiting any owner, officer, director, partner, employee, agent or attorney from a financial institution from notifying any person named in a subpoena about the existence or contents of such subpoena or that information has been furnished to a grand jury in response to such subpoena. Such resolution shall continue until such time as the customer has been notified pursuant to RSA 359-C:10, III, at which time the grand jury shall so notify the financial institution.
III. Upon issuing such subpoena or subpoena duces tecum, the judge shall order the grand jury to notify the customer in writing within 180 days of such issuance; provided, however, that the judge may shorten the 180 day period or, upon a showing of good cause, may extend such period beyond 180 days, but in no event beyond 360 days. The notice shall specify the financial or credit records which were examined and the reason for such examination.
Source.
1977, 594:1. 1983, 174:6. 1992, 268:10, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:12 - Criminal Penalties.

359-C:12 Criminal Penalties. –
I. Any person who wilfully or knowingly participates in a violation of this chapter is guilty of a misdemeanor.
II. Any person who induces or attempts to induce a violation of this chapter is guilty of a misdemeanor.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:13 - Costs.

359-C:13 Costs. –
In any successful action to enforce liability for a violation of the provisions of this chapter, the customer may recover the cost of the action together with reasonable attorney's fees as determined by the court.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:14 - Injunction.

359-C:14 Injunction. –
In addition to any other remedy contained in this chapter, injunctive relief shall be available to any customer aggrieved by a violation, or threatened violation, of this chapter in the same manner as such injunctive relief would be available if the financial or credit records concerning the customer accounts were in his possession. In any successful action by the customer, costs together with reasonable attorney's fees as determined by the court may be recovered.
Source.
1977, 594:1. 1983, 174:7, eff. Aug. 9, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:14-a - Remedies Exclusive.

359-C:14-a Remedies Exclusive. –
The remedies provided under the provisions of this chapter shall be the exclusive remedies available to a customer aggrieved by a violation of the provisions of this chapter.
Source.
1983, 174:8, eff. Aug. 9, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:15 - Statute of Limitations.

359-C:15 Statute of Limitations. –
An action to enforce any provision of this chapter must be commenced within 3 years after the date on which the violation occurred.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:16 - Effect of Customer Waiver.

359-C:16 Effect of Customer Waiver. –
Except as provided in RSA 359-C:7, no waiver by a customer of any right hereunder shall be valid, whether oral or written, and whether with or without consideration.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:17 - Priority of This Chapter.

359-C:17 Priority of This Chapter. –
Should any other law grant or appear to grant power or authority to any person to violate the provisions of this chapter, the provisions of this chapter shall supersede and pro tanto override and annul such law, except those statutes enacted after September 17, 1977, which specifically refer to this chapter.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:18 - Provisions Severable.

359-C:18 Provisions Severable. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be effected, without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
1977, 594:1, eff. Sept. 17, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:19 - Definitions.

359-C:19 Definitions. –
In this subdivision:
I. "Computerized data" means personal information stored in an electronic format.
II. "Encrypted" means the transformation of data through the use of an algorithmic process into a form for which there is a low probability of assigning meaning without use of a confidential process or key, or securing the information by another method that renders the data elements completely unreadable or unusable. Data shall not be considered to be encrypted for purposes of this subdivision if it is acquired in combination with any required key, security code, access code, or password that would permit access to the encrypted data.
III. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.
IV. (a) "Personal information" means an individual's first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(1) Social security number.
(2) Driver's license number or other government identification number.
(3) Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
(b) "Personal information" shall not include information that is lawfully made available to the general public from federal, state, or local government records.
V. "Security breach" means unauthorized acquisition of computerized data that compromises the security or confidentiality of personal information maintained by a person doing business in this state. Good faith acquisition of personal information by an employee or agent of a person for the purposes of the person's business shall not be considered a security breach, provided that the personal information is not used or subject to further unauthorized disclosure.
Source.
2006, 242:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-C - Right to Privacy › Section 359-C:21 - Violation.

359-C:21 Violation. –
I. Any person injured by any violation under this subdivision 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. If the court finds that 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. The New Hampshire attorney general's office shall enforce the provisions of this subdivision pursuant to RSA 358-A:4.
III. The burden shall be on the person responsible for the determination under RSA 359-C:20, I to demonstrate compliance with this subdivision.
Source.
2006, 242:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:2 - Definitions.

359-D:2 Definitions. –
In this chapter:
I. "Buyer" means any natural person who is solicited to purchase or who purchases the services of a credit services organization.
II. (a) "Credit services organization" means any person, who, with respect to the extension of consumer credit by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, a service for the express or implied purpose of:
(1) Improving a buyer's credit record, credit history, or credit rating.
(2) Obtaining an extension of consumer credit for a buyer.
(3) Providing advice or assistance to a buyer with regard to the buyer's credit record, credit history, or credit rating.
(b) "Credit services organization" does not include:
(1) A depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board, or a depository institution chartered by this state.
(2) Any nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
(3) A real estate broker licensed by this state and acting within the course and scope of his license.
(4) An attorney licensed by this state or another state rendering services within the course and scope of that license.
(5) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of the regulations of these commissions.
(6) Any consumer reporting agency, as defined in RSA 359-B:3, VI, acting within the course and scope of that chapter.
(7) [Repealed.]
III. "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.
IV. "Person" means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
Source.
1988, 24:2, eff. Jan. 1, 1989. 2018, 196:15, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:3 - Prohibited Practices.

359-D:3 Prohibited Practices. –
A credit services organization, its salespersons, agents, and representatives, shall not:
I. Charge or receive any money or other valuable consideration prior to the full and complete performance of the services which the credit services organization has agreed to perform for the buyer, unless the credit services organization has, in conformity to RSA 359-D:8, either obtained a surety bond issued by a surety company admitted to do business in this state or established a trust account at a federally insured bank or savings and loan association located in this state. If a credit services organization is in compliance, the salespersons, agents, and representatives who sell the services of such organization shall not be required to obtain the surety bond or establish the trust account provided for by this chapter.
II. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.
III. Make, or counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise or reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's credit worthiness, credit standing, or credit capacity.
IV. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:4 - Information Statement Required.

359-D:4 Information Statement Required. –
Prior to the execution of a contract or agreement between the buyer and a credit services organization or prior to the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer a statement in writing, containing all the information required by RSA 359-D:5. The credit services organization shall maintain on file or microfilm for a period of 2 years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:5 - Contents of Information Statement.

359-D:5 Contents of Information Statement. –
The information statement shall include all of the following:
I. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by any consumer credit reporting agency, and the right of the buyer to receive a copy of that file. The statement shall include the statement that a copy of the buyer's file will be furnished free of charge by the consumer credit reporting agency if requested within 30 days of the buyer receiving notice of a denial of credit, and the approximate price the buyer will be charged by the credit reporting agency for a copy of the file.
II. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer credit reporting agency, as provided by RSA 359-D:6.
III. A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services.
IV. If the credit services organization is required to obtain a surety bond or establish a trust account according to RSA 359-D:3, I, the statement shall set forth both of the following:
(a) The buyer's right to proceed against the bond or trust account under the circumstances and in the manner set forth in RSA 359-D:8.
(b) The name and address of the surety company which issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:6 - Requirements for Contracts.

359-D:6 Requirements for Contracts. –
I. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, and signed by the buyer, and shall include all of the following:
(a) A conspicuous statement in size equal to at least 10 point bold type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right."
(b) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person.
(c) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, the estimated date by which such services are to be performed, or estimated length of time for performing such services.
(d) The credit services organization's principal business address and the name and address of its agent, other than the secretary of state, in this state, authorized to receive service of process.
II. The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation," which shall be attached to the contract and easily detachable, and which shall contain in type of at least 10 point the following statement written in the same language as used in the contract:
"Notice of Cancellation"
"You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed.
"If you cancel, any payment made by you under this contract will be returned within 5 days following receipt by the seller of your cancellation notice.
"To cancel this contract, mail or deliver a signed and dated
copy of this cancellation notice, or any other written notice, to
______________at __ ______________________________not later than _____________
(name of seller)
(address of seller)
(place of business)
midnight __________(date).
(date)
"I hereby cancel this transaction."
__________
_
(date)
(purchaser's signature)
III. A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the buyer at the time they are signed.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:7 - Breach of Contract.

359-D:7 Breach of Contract. –
The seller's breach of a contract under this chapter or of any obligation arising therefrom shall constitute a violation of this chapter.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:8 - Requirements for Surety Bonds.

359-D:8 Requirements for Surety Bonds. –
If a credit services organization is required to obtain a surety bond or establish a trust account according to RSA 359-D:3, the following procedures shall be applicable:
I. If a bond is obtained, a copy of it shall be filed with the office of the secretary of state. If a trust account is maintained, notification of the depository, the trustee, and the account number shall be filed with the office of the secretary of state.
II. The bond or trust account required shall be in favor of the state for the benefit of any person who is damaged by any violation of this chapter. The bond or trust account shall also be in favor of any person damaged by such practices.
III. Any person claiming against the bond or trust account for a violation of this chapter may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee shall be liable only for actual damages and not the punitive damages permitted under RSA 359-D:11. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of this chapter shall in no event exceed the amount of the trust account or bond.
IV. The bond or the trust account shall be in an amount equal to 5 percent of the total amount of the fees charged buyers by the credit services organization under the contracts entered into between the credit services organization and such buyers during the previous 12 months, but in no case shall the bond be less than $5,000 or more than $25,000. The amount required shall be adjusted once a year, no later than the tenth day of the first month of the credit services organization's fiscal year.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:9 - Claiming Waiver of Rights or Exemption.

359-D:9 Claiming Waiver of Rights or Exemption. –
I. Any waiver by a buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a credit services organization to have a buyer waive rights given by this chapter shall constitute a violation of this chapter.
II. In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:10 - Penalties.

359-D:10 Penalties. –
I. Any person who violates any provision of this chapter is guilty of a misdemeanor. The superior court shall have jurisdiction in equity to restrain and enjoin the violation of any provision of this chapter.
II. The duty to institute actions for violation of this chapter, including equity proceedings to restrain and enjoin such a violation, is hereby vested in the consumer protection and antitrust bureau of the department of justice. The attorney general may prosecute misdemeanor actions or institute equity proceedings, or both.
III. This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
IV. The misdemeanor provision of this section does not apply to a seller's breach of a contract subject to this chapter.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-D - Credit Services Organizations › Section 359-D:11 - Damages.

359-D:11 Damages. –
Any buyer injured by a violation of this chapter or by the credit services organization's breach of a contract subject to this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and costs. An award, if the trial court deems it proper, may be entered for punitive damages.
Source.
1988, 24:2, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:1 - Definitions.

359-E:1 Definitions. –
In this chapter:
I. "Automatic telephone dialing system" means any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.
I-a. "Caller identification information" means:
(a) The telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or
(b) Other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument.
I-b. "Caller identification service" means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information.
I-c. "Per-call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information.
I-d. "Per-line blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on every call unless the calling party acts affirmatively to release the caller identification information.
II. "Solicitation" means the unrequested initiation of a telephone call to a residential telephone subscriber for the purposes of giving, selling, or leasing services or goods, whether real or personal, tangible or intangible; or to gain a pledge, promise or contribution in circumstances where there is no pre-existing relationship between the caller and the person called; or to obtain information, data or opinions.
Source.
1989, 165:1. 1998, 14:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:2 - Registration.

359-E:2 Registration. –
I. Any person intending to use an automatic telephone dialing system for solicitation in this state shall, at least 10 business days prior to using the system, register with the consumer protection and antitrust bureau of the department of justice the information required by RSA 359-E:3, and, if the registrant is a solicitor, as that term is used in RSA 7:28-c, the information required by RSA 7:28-c. At the time of filing, the registrant shall also pay to the department an annual non-proratable administrative fee of $20 for the calendar year.
II. The registrant shall be responsible for providing timely identification and automatic disconnect in accordance with RSA 359-E:4 and 359-E:5. Calls pertaining to an interest in real estate shall comply with the disclosure requirements of RSA 356-A and 356-B.
III. All transmissions shall be randomly generated in unequal intervals, and shall not infiltrate any emergency lines, such as police, fire, or ambulance lines, which are either 911 circuits or 7-digit telephone numbers designated as emergency lines.
Source.
1989, 165:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:3 - Registration Information.

359-E:3 Registration Information. –
Each registration pursuant to RSA 359-E:2 shall contain the following information:
I. The name and address of the registrant, including the name under which the registrant is doing or intends to do business.
II. The complete street addresses of all locations from which the registrant will be conducting business.
Source.
1989, 165:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:4 - Dialer Disconnect.

359-E:4 Dialer Disconnect. –
Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within 30 seconds after the called party hangs up.
Source.
1989, 165:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:5 - Identification.

359-E:5 Identification. –
Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact:
I. The name of the person, company, or organization making the call.
II. The purpose of the call and the goods or services being offered, if any.
Source.
1989, 165:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:5-a - Blocking Prohibited.

359-E:5-a Blocking Prohibited. –
No person using an automated telephone dialing system or any other method for solicitation shall use any method, including per-call blocking or per-line blocking, to prevent caller identification information from being received by the called party station. The caller identification information shall contain a telephone number at which the telephone solicitor may receive telephone calls and shall not contain misleading, inaccurate, or deceptive information.
Source.
1998, 14:3, eff. Jan. 1, 1999. 2019, 176:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:6 - Violations.

359-E:6 Violations. –
Any violation of the provisions of this subdivision shall constitute 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, may be used to enforce the provisions of this chapter. Such remedies shall be in addition to any other remedies provided by law or equity.
Source.
1989, 165:1. 2003, 303:4, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:8 - Prohibited Telemarketing Sales Calls.

359-E:8 Prohibited Telemarketing Sales Calls. –
I. Telemarketers are prohibited from conducting telemarketing sales calls to any customer who has registered his or her name or telephone number with the do-not-call registry maintained by the list administrator or Federal Trade Commission. In the case of telemarketers regulated by the Federal Communications Commission, this chapter shall apply in a manner consistent with rules concerning a national do-not-call list developed by that agency.
II. In addition, any person who is required to comply with the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, as amended, shall also comply with the provisions of the Federal Trade Commission Telemarketing Sales Rule for telemarketing sales calls made within the state of New Hampshire. This section shall also apply to any person who would be required to comply with the Federal Trade Commission Telemarketing Sales Rule, if such person were making interstate telemarketing sales calls.
Source.
2003, 303:3, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:9 - Telemarketers' Obligation to Obtain Do-Not-Call List.

359-E:9 Telemarketers' Obligation to Obtain Do-Not-Call List. –
Telemarketers making telemarketing sales calls to customers in the state of New Hampshire shall obtain from the list administrator quarterly listings of customers in the state who have registered with the list administrator for inclusion in its do-not-call list.
Source.
2003, 303:3, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:10 - Duties of List Administrator.

359-E:10 Duties of List Administrator. –
The list administrator:
I. Shall provide the bureau with a copy of each quarterly do-not-call list.
II. Shall provide the bureau with the names and addresses of each telemarketer who purchases the do-not-call list.
III. Except as directed by the bureau, shall be prohibited from disclosing or using in any way customer names, addresses, or telephone numbers obtained in the course of registering customers' telephone numbers on the do-not-call list.
Source.
2003, 303:3, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-E - Telemarketing › Section 359-E:11 - Violations; Penalties.

359-E:11 Violations;  Penalties. –
I. The department of justice shall investigate any complaints received concerning violations of this subdivision or RSA 664:14-a. If, after investigating the complaint, the department finds that a person has violated any provision of this subdivision or RSA 664:14-a, the department shall impose a civil penalty of $5,000 for each violation.
II. Any person injured by another's violation of this subdivision 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 act or practice was a willful or knowing violation of this subdivision, 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 subdivision without bond, subject to the discretion of the court. 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.
III. Notwithstanding paragraph I, a telemarketer shall not be held liable for violating this subdivision if the telemarketer can demonstrate by clear and convincing evidence that, as part of the telemarketer's routine business practice:
(a) The telemarketer established and implemented written procedures to comply with this subdivision.
(b) The telemarketer trained his or her personnel in the requirements of this subdivision.
(c) The telemarketer uses a process to prevent telemarketing to any telephone number on any do-not-call list or registry referenced in this subdivision; maintains the current, quarterly version of the list or registry; and maintains records documenting this process.
(d) The telemarketer monitors and enforces compliance with the procedures established under subparagraph (a).
(e) The telemarketer uses a version of the do-not-call list obtained no more than 3 months prior to the date that any call is made.
(f) Any subsequent call otherwise violating this subdivision is not part of a pattern of calls made in violation of this subdivision and is the result of a good faith error.
Source.
2003, 303:3, eff. Sept. 16, 2003.