reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-P - Rent-to-Own Agreement Act › Section 358-P:11 - Enforcement; Penalties.

358-P:11 Enforcement;  Penalties. –
I. (a) A rent-to-own dealer who fails to comply with the requirements of this chapter is liable to the consumer damaged thereby in an amount equal to the greater of:
(1) The actual damages sustained by the consumer as a result of the rent-to-own dealer's failure to comply with this chapter; or
(2) 25 percent of the total of payments necessary to acquire ownership, but not less than $100 nor more than $1,000.
(b) A rent-to-own dealer who fails to comply with this chapter is also liable to the consumer for the costs of the action and reasonable attorney's fees as determined by the court.
II. A consumer may not take any action to offset the amount for which a rent-to-own dealer is potentially liable under paragraph I against any amount owed by the consumer, unless the amount of the dealer's liability has been determined by judgment of a court of competent jurisdiction in an action in which the rent-to-own dealer was a party. This section shall not bar a consumer then in default on an obligation from asserting a violation of this chapter as an original action, or as a defense or counterclaim, to an action brought by a rent-to-own dealer against the consumer.
III. The provisions of this section are in addition to any other rights or remedies available in this state.
IV. No action under this section shall be brought in any court of competent jurisdiction more than one year after the date the consumer made the last rental payment or more than one year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.
Source.
1994, 406:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-P - Rent-to-Own Agreement Act › Section 358-P:12 - Rent-to-Own Dealer's Defenses.

358-P:12 Rent-to-Own Dealer's Defenses. –
I. If a rent-to-own dealer establishes by a preponderance of evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in RSA 358-P:11 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry, and printing errors, but do not include an error of legal judgment with respect to a rent-to-own dealer's obligations under this chapter.
II. A rent-to-own dealer shall not be liable under this section for any failure to comply with any requirement imposed under this chapter if within 60 days after discovering an error, and prior to the institution of an action under this chapter or the receipt of written notice of the error from the consumer, the rent-to-own dealer notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to assure that the consumer is not required to pay an amount in excess of the lowest charge actually disclosed.
III. No provision of this chapter imposing any penalty applies to any act done or omitted in good faith in conformity with some provision of this chapter, notwithstanding that after the act or omission has occurred the provision is amended, rescinded, or determined by judicial or other competent authority to be invalid for any reason.
Source.
1994, 406:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-Q - Sale of Certain Items › Section 358-Q:1 - Restriction on Sale of Certain Items.

358-Q:1 Restriction on Sale of Certain Items. –
I. In this section "flea market" means any location other than a permanent retail store at which space is rented or otherwise made available to others for the conduct of business as transient or limited vendors. This term shall not include those persons who sell by sample, catalog, or brochure for future delivery, or those persons who make sales presentations pursuant to a prior invitation issued by the owner or the legal occupant of the premises.
II. No person shall sell, offer for sale, or permit the sale at any flea market of the following products:
(a) Infant formula.
(b) Food manufactured and packaged for sale and consumption by a child under 2 years of age, for which the expiration date has passed.
(c) Drugs, as defined in RSA 146:2, II(1) and (2); provided that this subparagraph shall not include durable medical equipment.
III. Any other product being offered for sale at a flea market beyond the expiration date shall be clearly marked indicating that the sale expiration date has passed and should be noted by the buyer.
IV. Any person who violates any provisions of this chapter shall be punished by a fine of up to $100 for each violation.
Source.
1997, 224:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-Q - Sale of Certain Items › Section 358-Q:2 - Enforcement.

358-Q:2 Enforcement. –
In addition to the penalty under RSA 358-Q:1, IV, any violation of the provisions of this chapter 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 may be used to enforce the provisions of this chapter. The department of justice shall maintain and make available for inspection a record of the violations of this chapter.
Source.
1997, 224:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:1 - Definitions.

358-S:1 Definitions. –
As used in this chapter:
I. "Contract" means a month-to-month contract, monthly contract, or a term contract:
(a) "Month-to-month contract" means any contract for a new prospective student to pay membership fees on a monthly basis.
(b) "Monthly contract" means any contract where services are paid pro rata on a monthly basis for a predetermined period of time in excess of one month. No monthly contract shall be considered a "term contract."
(c) "Term contract" means any contract where services are paid for in whole and in advance for a period of time greater than one month.
II. "Facilities" means equipment, physical structures, and other tangible property utilized by a martial arts school to conduct its business.
III. "Initiation fee" means any sum of money received at the initiation of a membership for the incurred costs, including advertising, administration, commissions, and orientation.
IV. "Martial arts school" means any establishment primarily operated for the purpose of teaching a form or forms of self-defense, such as judo or karate. As used in this chapter, the term "martial arts school" shall not include, and this chapter shall not apply to, services rendered by:
(a) The state or any of its political subdivisions.
(b) Any nonprofit religious, ethnic, community, or service organization.
(c) Any establishment that does not have as one of its primary purposes or businesses the provision of martial arts school services or facilities.
V. "Member," "buyer," or "student" means a natural person who enters into a martial arts school contract or attains a status entitling him or her to the services or facilities of a martial arts school.
VI. "Prepayment" means any payment for services or the use of facilities made before the services or facilities are made available by the martial arts school. It is not a prepayment if a payment for services or the use of facilities is made on the same day the services or use of the facilities is provided. Money or other consideration received by a martial arts school from a financial institution upon the assignment or sale of a contract shall be considered a prepayment to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
VII. "Seller" means the person, corporation, partnership, association, or other entity engaged in the operation of a martial arts school as defined in this section, and who offers for sale martial arts instruction at the martial arts school.
VIII. "Services" means programs, plans, guidance, or instruction provided by a martial arts school for martial arts school members.
IX. "Special offer or discount" means any offer of the marital arts school at a reduced price or without charge to the member or prospective member.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:3 - Contract Requirements; Disclosure of Cancellation Rights.

358-S:3 Contract Requirements;  Disclosure of Cancellation Rights. –
I. A fully completed copy of each contract shall be delivered to the buyer at the time the contract is signed. Every contract shall 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 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 MARTIAL ARTS SCHOOL REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS MARTIAL ARTS SCHOOL POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS MARTIAL ARTS SCHOOL CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS MARTIAL ARTS SCHOOL 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 MARTIAL ARTS SCHOOL HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS MARTIAL ARTS SCHOOL 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 MARTIAL ARTS SCHOOL CEASES TO CONDUCT BUSINESS."
III. Every buyer shall be entitled to cancel his or her contract within 3 business days by notifying the martial arts school in writing by midnight of the third business day following the date of the 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. (a) Each 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."
(b) The buyer may cancel the contract by written notice mailed to the seller, preferably by certified or registered letter, or the buyer may cancel the contract by delivering a notice in person within the cancellation period. If such notice is hand-delivered, the buyer shall be entitled to a receipt.
V. Each contract shall further contain a statement notifying the buyer of each of his or her rights under RSA 358-S:6.
VI. Each martial arts school shall provide the department of justice with a copy of its membership contract.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:4 - List of Membership Plans.

358-S:4 List of Membership Plans. –
I. Each martial arts school operating in this state shall prepare a comprehensive list of the courses offered by the martial arts school and the respective price of each course. The list shall be shown to each prospective purchaser of a membership plan.
II. A martial arts school is prohibited from selling courses not included in the list and in the registration statement required by RSA 358-S:2, I.
III. This section shall not apply to scholarships given by martial arts schools.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:5 - Length of Membership Contract; Automatic Renewal; Required Membership Options.

358-S:5 Length of Membership Contract;  Automatic Renewal;  Required Membership Options. –
I. No term contract for martial arts school services shall be for a term of more than 3 years. The buyer has the option of purchasing a shorter term contract in accordance with the other courses offered by the martial arts school. The buyer has the option of entering into a contract up to 3 years provided they have been enrolled in the school for at least one year. A contract may provide for a renewal option for continued membership, but any such renewal shall be accepted in writing by a buyer and is effective only upon payment under the terms of the preceding agreement. Under no circumstances may a contract for martial arts school services be renewed more than 90 days before the contract's expiration date. Buyers may upgrade their membership under new agreements at any time.
II. Every seller shall offer a month-to-month membership option and a monthly membership option to any new prospective student, in addition to any other term contract the seller elects to offer. The availability of month-to-month memberships shall be stated in any written or broadcast advertisement or posting or marketing materials that describe any other membership option the seller offers which apply to the skill level for the prospective students based upon the curriculum of each martial arts school as determined by the director of the martial arts school. No seller shall limit the availability of month-to-month or monthly memberships to any new prospective student in any manner in which the seller does not also limit the availability of any term contract; nor may a seller accept payment from a buyer or enter into a term contract unless and until the seller has informed the buyer both orally and in writing of the availability of the month-to-month or monthly memberships to any new prospective student. Month-to-month memberships shall offer the same access to martial arts school facilities and services that term or monthly contracts offer.
III. The annualized price of a month-to-month membership shall not exceed the annualized price of the corresponding program's term contract the seller offers by more than 25 percent.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:6 - Buyer's Rights.

358-S:6 Buyer's Rights. –
I. Every seller of a martial arts instruction term or monthly contract shall:
(a) Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:
(1) The buyer is unable to receive benefits from the seller's services by reason of death, disability, or extended illness beyond 3 months. The martial arts school may require that the disability or extended illness be confirmed by an examination of a physician agreeable to the member and the martial arts school, provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding.
(2) The seller relocates the facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(3) The buyer moves more than 25 miles away from the martial arts school.
(b) Refund to the buyer the pro rata cost of any unused services within 15 days after the martial arts school ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) of this section, the buyer or the buyer's estate shall be relieved of any further obligation for payment under the contract not then due and owing.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:7 - Rulemaking.

358-S:7 Rulemaking. –
The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
I. The information required on the registration statement required under RSA 358-S:2, I.
II. The financial documentation necessary to assure financial responsibility to make refunds under RSA 358-S:2.
III. Documentation evidencing qualification for exemption under RSA 358-S:2.
IV. Procedures for the escrow of deposits as required by RSA 358-S:2.
V. Procedures for providing course information under RSA 358-S:4.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:8 - Prohibited Activities.

358-S:8 Prohibited Activities. –
I. A martial arts school shall be prohibited from offering specials or discounts unless such specials or discounts are made in writing and are made available to all prospective members who have not previously been members of the school; provided, however, that specials or discounts offered to groups need not be made available to all prospective members.
II. Martial arts schools shall be prohibited from making any misrepresentation to current members, prospective members, or purchasers of membership contracts regarding:
(a) Qualifications of staff.
(b) Availability, quality, or extent of facilities or services.
(c) Results obtained through martial arts training.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:9 - Remedies.

358-S:9 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.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-S - Martial Arts Schools › Section 358-S:10 - Waiver of Provisions.

358-S:10 Waiver of Provisions. –
Any waiver of the member or buyer of any of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Source.
2007, 281:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:2 - Findings and Purpose.

359-B:2 Findings and Purpose. –
I. The general court makes the following findings:
(a) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
(b) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
(c) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
(d) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy.
II. It is the purpose of this chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this chapter.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:4 - Permissible Purposes of Reports.

359-B:4 Permissible Purposes of Reports. –
I. A consumer reporting agency may furnish a consumer report under the following circumstances and no other:
(a) In response to the order of a court having jurisdiction to issue such an order.
(b) In accordance with the written instructions of the consumer to whom it relates.
(c) To a person which it has reason to believe-
(1) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
(2) intends to use the information for employment purposes; or
(3) intends to use the information in connection with the underwriting of insurance involving the consumer; or
(4) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
(5) otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.
II. (a) A consumer reporting agency may furnish information for the purposes of a transaction under subparagraph I(c)(1) and (5) of this section when the transaction is not initiated by the consumer, only if:
(1) The consumer authorized the consumer reporting agency to furnish the information; or
(2) The transaction involves a firm offer of credit to the consumer or is a pre-screening or direct solicitation transaction; and
(A) The consumer reporting agency has complied with RSA 359-B:4-a; and
(B) The consumer has not elected in accordance with RSA 359-B:4-a to have information about himself excluded from such transactions.
(b) Notwithstanding subparagraph (a), a consumer reporting agency may, in the case of a credit transaction initiated by the consumer, use such information in reviewing or collecting an account of the consumer or in other circumstances under which a consumer report may be provided under subparagraph I(c)(5), provided there is an ongoing relationship between the user of the consumer report and the consumer.
(c) An election of a consumer under RSA 359-B:4-a shall terminate and be of no force or effect following notice from the consumer to the consumer reporting agency, through the system established pursuant to RSA 359-B:4-a, that the election is no longer effective.
III. Notwithstanding the provisions of paragraphs I and II, a consumer reporting agency may furnish an investigative consumer report to the consumer as provided in RSA 359-B:9, III.
Source.
1971, 430:1. 1973, 583:2. 1994, 271:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:4-a - Election to be Excluded From Certain Lists.

359-B:4-a Election to be Excluded From Certain Lists. –
I. A consumer may elect to have information about such consumer excluded from any transaction not initiated by the consumer under RSA 359-B:4, II, including any list provided by a consumer reporting agency through pre-screening or direct solicitation transactions that are not initiated by the consumer, by notifying the consumer reporting agency by telephone or in writing.
II. An election by a consumer under paragraph I of this section shall be effective with respect to a consumer reporting agency and any affiliate of the agency within 5 business days after the agency is notified.
III. Each consumer reporting agency shall establish and maintain a notification system, including a toll-free telephone number, which permits any consumer, with appropriate identification and for whom the agency has a file, to notify the agency of the consumer's election under paragraph I. A consumer reporting agency that maintains consumer reports on a nationwide basis shall establish such a notification system on a nation-wide basis and may operate such a system jointly with any other consumer reporting agencies. Compliance with the requirements of this section by any consumer reporting agency shall constitute compliance by the agency's affiliates.
IV. Any person who uses a consumer report in connection with any transaction not initiated by the consumer under RSA 359-B:4, II shall provide the consumer with a statement displayed in a conspicuous and readable format and type that offers a reasonable procedure for the removal of a consumer's name from marketing lists derived from consumer report information by calling an 800 number or writing to an address provided in said statement.
Source.
1994, 271:3, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:5 - Obsolete Information.

359-B:5 Obsolete Information. –
I. Except as authorized under paragraph II, no consumer reporting agency may make any consumer report containing any of the following items of information:
(a) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 10 years.
(b) Suits and judgments which, from date of entry, antedate the report by more than 7 years or until the governing statute of limitations has expired, whichever is the longer period.
(c) Paid tax liens which, from date of payment, antedate the report by more than 7 years.
(d) Accounts placed for collection or charged to profit and loss which antedate the report by more than 7 years.
(e) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years.
(f) Any other adverse item of information which antedates the report by more than 7 years.
II. The provisions of paragraph I are not applicable in the case of any consumer credit report to be used in connection with:
(a) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $50,000 or more;
(b) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $50,000 or more; or
(c) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more.
Source.
1971, 430:1. 2004, 85:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:6 - Disclosure of Investigative Consumer Reports.

359-B:6 Disclosure of Investigative Consumer Reports. –
I. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:
(a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure
(1) is made in a writing mailed, or otherwise delivered, to the consumer, not later than 3 days after the date on which the report was first requested, and
(2) includes a statement informing the consumer of his right to request the additional disclosures provided for under paragraph II, or
(b) The report is to be used for employment purposes for which the consumer has not specifically applied.
II. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by paragraph I(a), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than 5 days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.
III. No person may be held liable for any violation of paragraph I or II if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with paragraph I or II.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:7 - Compliance Procedures.

359-B:7 Compliance Procedures. –
I. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RSA 359-B:5 and to limit the furnishing of consumer reports to the purposes listed under RSA 359-B:4. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RSA 359-B:4.
II. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:8 - Disclosures to Governmental Agencies.

359-B:8 Disclosures to Governmental Agencies. –
Notwithstanding the provisions of RSA 359-B:4, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:9 - Disclosures to Consumers.

359-B:9 Disclosures to Consumers. –
I. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:
(a) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.
(b) The sources of the information, except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed; provided, that in the event an action is brought under this chapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.
(c) The recipients of any consumer report on the consumer which it has furnished:
(1) for employment purposes within the 2-year period preceding the request, and
(2) for any other purpose within the 6-month period preceding the request.
II. The requirements of paragraph I respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to August 29, 1971, except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.
III. Whenever an investigative consumer report is requested by any person, the consumer reporting agency shall furnish to the consumer investigated upon his request, and upon payment by the consumer investigated of a reasonable copy fee, the following:
(a) A copy of the investigative consumer report it has prepared;
(b) The information specified in paragraph I;
(c) The names of all the sources of information in its files on the consumer which were actually used in the preparation of the investigative consumer report; and
(d) The names of all persons to whom the investigative consumer report was sent.
Source.
1971, 430:1. 1973, 583:1, eff. Sept. 4, 1973.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:10 - Conditions of Disclosure to Consumers.

359-B:10 Conditions of Disclosure to Consumers. –
I. A consumer reporting agency shall make the disclosures required under RSA 359-B:9 during normal business hours and on reasonable notice.
II. The disclosures required under RSA 359-B:9 shall be made to the consumer:
(a) In person if he appears in person and furnishes proper identification; or
(b) By telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.
III. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to RSA 359-B:9.
IV. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
V. Except as provided in RSA 359-B:16 and 17, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to RSA 359-B:9, 10 or 15, except as to false information furnished with malice or willful intent to injure such consumer.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:12 - Charges for Certain Disclosures.

359-B:12 Charges for Certain Disclosures. –
A consumer reporting agency shall make all disclosures pursuant to RSA 359-B:9 and furnish all consumer reports pursuant to RSA 359-B:11, VII, without charge to the consumer if, within 30 days after receipt by such consumer of a notification pursuant to RSA 359-B:15 or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under RSA 359-B:9 or 359-B:11, VII. Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to RSA 359-B:9, the charge for which shall be indicated to the consumer prior to making disclosure; and for furnishing notifications, statements, summaries, or codifications to a person designated by the consumer pursuant to RSA 359-B:11, VII, the charge for which shall be indicated to the consumer prior to furnishing such information and shall not exceed the charge that the consumer reporting agency would impose on each designated recipient for a consumer report, except that no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:13 - Public Record Information for Employment Purposes.

359-B:13 Public Record Information for Employment Purposes. –
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall:
I. At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
II. Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:14 - Restrictions on Investigative Consumer Reports.

359-B:14 Restrictions on Investigative Consumer Reports. –
Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the 3-month period preceding the date the subsequent report is furnished.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:15 - Requirements on Users of Consumer Reports.

359-B:15 Requirements on Users of Consumer Reports. –
I. Whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer, is denied or the charge for such credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken and supply the name and address of the consumer reporting agency making the report.
II. Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within 60 days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer.
III. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of paragraphs I and II.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:16 - Civil Liability for Willful Noncompliance.

359-B:16 Civil Liability for Willful Noncompliance. –
Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
I. Any actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
II. Such amount of punitive damages as the court may allow; and
III. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
Source.
1971, 430:1. 2006, 208:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:17 - Civil Liability for Negligent Noncompliance.

359-B:17 Civil Liability for Negligent Noncompliance. –
Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of:
I. Any actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
II. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
Source.
1971, 430:1. 2006, 208:3, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:18 - Jurisdiction of Courts; Limitation of Actions.

359-B:18 Jurisdiction of Courts;  Limitation of Actions. –
An action to enforce any liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after discovery by the individual of the misrepresentation.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:19 - Obtaining Information Under False Pretenses.

359-B:19 Obtaining Information Under False Pretenses. –
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1971, 430:1. 1973, 528:253, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:20 - Unauthorized Disclosures by Officers and Employees.

359-B:20 Unauthorized Disclosures by Officers and Employees. –
Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $5,000 or imprisoned not more than one year, or both.
Source.
1971, 430:1, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:21 - Administrative Enforcement.

359-B:21 Administrative Enforcement. –
Compliance with the requirements imposed under this chapter shall be enforced by the attorney general.
Source.
1971, 430:1. 1979, 171:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:22 - Definitions.

359-B:22 Definitions. –
In this subdivision:
I. "Identity theft" means the unauthorized taking or use of an individual's personal information to obtain credit, goods, services, money, or property, with the intent to commit fraud. In this paragraph, personal information includes, but is not limited to, 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:
(a) Social security number.
(b) Driver's license number.
(c) 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.
II. "Proper identification" has the same meaning as in 15 U.S.C. section 1681h(a)(1), and includes:
(a) The consumer's full name, including first, last, and middle names and any suffix.
(b) Any name the consumer previously used.
(c) The consumer's current and recent full addresses, including street address, any apartment number, city, state, and zip code.
(d) The consumer's social security number.
(e) The consumer's date of birth.
III. "Security freeze" or "freeze" means a notice placed in a consumer report at the request of the consumer pursuant to RSA 359-B:24 that prohibits a consumer reporting agency from releasing the consumer report or credit score.
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:25 - Repealed by 2018, 198:2; 209:2, eff. Jan. 1, 2019.

359-B:25 Repealed by 2018, 198:2;  209:2, eff. Jan. 1, 2019. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-B - Consumer Credit Reporting › Section 359-B:26 - Persons Not Required to Place Security Freeze.

359-B:26 Persons Not Required to Place Security Freeze. –
The following persons are not required to place a security freeze on a consumer report pursuant to RSA 359-B:24, except that any person that is not required to place a security freeze on a consumer report under paragraph III is subject to a security freeze placed on a consumer report by another consumer reporting agency from which it obtains information:
I. A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment.
II. A deposit account information service company that issues reports regarding account closures due to fraud, overdrafts, automated teller machine abuse, or similar negative information regarding a consumer to inquiring financial institutions for use only in reviewing that consumer's request for a deposit account at the inquiring financial institution.
III. A consumer reporting agency that:
(a) Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and
(b) Does not maintain a permanent database of credit information from which new consumer reports are produced.
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:27 - Victim of Identity Theft; Access to Consumer Report.

359-B:27 Victim of Identity Theft;  Access to Consumer Report. –
Every consumer credit reporting agency shall, upon the receipt from a victim of identity theft of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of personal information by another person, provide the victim, free of charge and upon request, a copy of his or her consumer report and such additional copies of the consumer report as he or she may be entitled to under the Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq.
Source.
2006, 208:1, eff. Jan. 1, 2007.