reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:5 - Length of Membership Contract; Automatic Renewal Prohibited; Required Membership Options.

358-I:5 Length of Membership Contract;  Automatic Renewal Prohibited;  Required Membership Options. –
I. No term contract for health club services shall be for a term of more than one year, nor shall any health club term contract contain an automatic renewal clause for a period greater than one month. A contract may provide for a renewal option for continued membership, but any such renewal must be accepted in writing by a buyer and is effective only upon payment of the renewal price. Under no circumstances may a contract for health club services be renewed more than 90 days before the contract's expiration date. The annualized price of the buyer's first term contract or membership option with a seller may not exceed the annualized price of any subsequent term contract or other membership option with the seller by more than 25 percent.
II. Every seller shall offer a month-to-month membership option 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. No seller shall limit the availability of month-to-month memberships 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 membership. Month-to-month memberships shall offer the same access to health club facilities and services that term contracts offer. A buyer may cancel a month-to-month membership option with 30 days written notice to the seller, provided the original contract obligations have been met, for any reason, and have no further obligation to the seller. The provisions of this paragraph shall apply to a university, college, or educational institution to the extent that it offers health club services to the general public, but shall not apply to a university, college, or educational institution in its offer of health club services to its student body.
III. The annualized price of a month-to-month membership shall not exceed the annualized price of any term contract the seller offers by more than 25 percent.
Source.
1983, 438:1. 1987, 397:8. 1998, 305:7. 2003, 87:2, eff. July 29, 2003.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:6 - Buyer's Rights.

358-I:6 Buyer's Rights. –
I. Every seller of a prepaid health club services 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 or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
(2) The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
(b) Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.
(c) Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.
Source.
1983, 438:1. 1987, 397:5, 6, eff. July 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:6-a - Rulemaking.

358-I:6-a 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-I:2, I.
II. The financial documentation necessary to assure financial responsibility to make refunds under RSA 358-I:2.
III. Documentation evidencing qualification for exemption under RSA 358-I:2.
IV. Procedures for the escrow of deposits as required by RSA 358-I:2.
V. Procedures for providing membership plan information under RSA 358-I:4.
Source.
1987, 397:7, eff. July 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:7 - Prohibited Activities.

358-I:7 Prohibited Activities. –
I. A health club 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 health club; provided, however, that specials or discounts offered to groups need not be made available to all prospective members.
II. Health clubs 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 exercise, dieting, or weight control programs.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:8 - Remedies.

358-I:8 Remedies. –
I. Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter.
II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:9 - Waiver of Provisions.

358-I:9 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.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-I - Health Clubs › Section 358-I:10 - Applicability.

358-I:10 Applicability. –
I. The provisions of RSA 358-I:2, 4, 6 and 7 shall apply to all health clubs operating or intending to operate in this state.
II. The provisions of RSA 358-I:3 and 5 shall apply to all health club contracts entered into on or after June 24, 1983.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:1 - Definitions.

358-J:1 Definitions. –
As used in this chapter:
I. "Buying club" means any person, corporation, unincorporated association, or other organization which for a consideration provides or purports to provide its members or the members of any other buying club with the ability to purchase goods or services at discount prices; except that such organization shall not include any buying club in which persons receive discount buying services incidentally as part of a package or services provided to, or available to, such individuals on account of membership in such organization which is not organized for the profit of any person or corporation or which does not have as one of its primary purposes or businesses the provision of discount buying services.
II. "Club" means buying club.
III. "Contract" means any oral or written agreement by which one becomes a member of a club.
IV. "Member" or "membership" means a status by which any natural person is entitled to any of the benefits of a club.
V. "Prepayment" means any payment for service or merchandise made before the service is rendered or the merchandise is received. It is not a prepayment if a payment for service is made on the same day the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:2 - Cancellation of Membership.

358-J:2 Cancellation of Membership. –
I. Any person who has elected to become a member of a club may cancel such membership by:
(a) Giving written notice any time before midnight of the third business day following the date on which membership was attained. Such cancellation shall be without liability on the part of the member and shall entitle the member to a refund of the entire consideration paid for the contract; or
(b) Giving written notice any time after the third business day following the date on which membership was attained. Such cancellation shall be on a pro rata daily basis, the member being responsible only for that portion of the contract consideration representing the time elapsed on the contract and being entitled to a refund of that portion of the fee representing the days remaining on the contract at date of cancellation. If the contract duration is for the life of the member, the daily value shall be determined by standard actuarial tables.
II. Notice of cancellation shall be in writing and delivered personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage paid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form or written expression, the intention of the member not to be bound by the contract. If delivered personally, the notice shall be accepted by any agent or employee of the club, and a receipt for the notice shall be given by that agent or employee to the person cancelling.
III. The entitled refund shall be delivered to the member within 10 days after notice of cancellation is given.
IV. Rights of cancellation may not be waived or otherwise surrendered.
V. Cancellation shall not relieve the member from paying for any merchandise purchased or ordered prior to the date of cancellation.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:3 - Membership Contract Requirements; Disclosure of Cancellation Rights.

358-J:3 Membership Contract Requirements;  Disclosure of Cancellation Rights. –
I. A fully completed copy of every contract shall be delivered to the member at the time the contract is signed. Every contract must constitute the entire agreement between the seller and the member, shall be in writing, shall be signed by the member, and shall designate the date on which the member signed the contract.
II. Each contract shall state in at least 10 point boldface type the following:
"NOTICE TO PROSPECTIVE MEMBER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES."
III. Each contract shall also contain the following notice in at least 10 point boldface type:
"MEMBERS' RIGHT TO CANCEL"
"IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE COMPANY. CERTIFIED MAIL WOULD PROVIDE GREATER PROTECTION THAN FIRST-CLASS MAIL, BUT IS NOT NECESSARY. IF YOU DELIVER THE NOTICE PERSONALLY, YOU ARE ENTITLED TO A RECEIPT. YOUR NOTICE MUST MAKE KNOWN THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT. IF THE NOTICE IS DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT, YOU ARE ENTITLED TO A REFUND OF THE ENTIRE CONSIDERATION PAID FOR THE CONTRACT. OTHER CANCELLATION ENTITLES YOU TO A PRO RATA REFUND FOR THOSE DAYS REMAINING ON THE CONTRACT. THE NOTICE MUST BE DELIVERED OR MAILED TO (insert name and address of company). IF YOU CANCEL, THE CLUB IS REQUIRED TO RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH YOU GIVE NOTICE OF CANCELLATION, AND PAYMENTS YOU HAVE MADE."
IV. Until the buying club has complied with this section, the member may cancel the contract by notifying the buying club in any manner and by any means of his intention to cancel and is then entitled to a refund of the entire consideration paid for the contract.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:4 - Disclosure of Refund; Savings Based on Comparisons.

358-J:4 Disclosure of Refund;  Savings Based on Comparisons. –
I. Every contract shall provide that if any goods ordered by the member from the buying club are not delivered to the member or available for pickup by the member at a location within his county of residence within 6 weeks from the date the member placed an order for such goods, then any moneys paid by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time he or she ordered such goods and the goods are delivered to the member or are available for pickup by that date.
II. Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area in which the claims are made and with prices at which the merchandise is actually sold.
III. Any contract which does not comply with paragraphs I and II shall be void and unenforceable.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:5 - Remedies.

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

358-J:6 Waiver of Provisions. –
Any waiver by the member of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:7 - Applicability.

358-J:7 Applicability. –
The provisions of this chapter shall apply to all buying clubs doing business in this state and to all buying club contracts entered into on or after June 24, 1983.
Source.
1983, 438:1, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-J - Buying Clubs › Section 358-J:8 - Bond Requirement.

358-J:8 Bond Requirement. –
Every buying club that has a membership fee in excess of $35 shall post a surety bond in the amount of $20,000 with the attorney general. The type of surety bond shall be designated by the attorney general. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this state. The surety may cancel the bond at any time upon giving 30 days' written notice to the attorney general. Any person who is damaged by any violation of this chapter, or by the club's breach of the contract for sale or any obligation arising therefrom may bring an action against the bond to recover damages suffered and any other amounts allowable by law. The attorney general, in any action brought under this chapter or any other applicable provision of law, may likewise proceed against the bond. In no event shall the aggregate liability of the surety for all claims exceed the bond amount.
Source.
1983, 438:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:2 - Rebate of Interest Upon Prepayment of Precomputed Consumer Credit Transaction Entered Into Prior to July 1, 1985.

358-K:2 Rebate of Interest Upon Prepayment of Precomputed Consumer Credit Transaction Entered Into Prior to July 1, 1985. –
I. Notwithstanding any other law to the contrary, upon prepayment in full of a precomputed consumer credit transaction, pursuant to acceleration or otherwise, the creditor shall rebate to the consumer an amount not less than the unearned portion of the interest computed according to this section. If the rebate otherwise required is less than $1, no rebate need be made.
II. With respect to a precomputed consumer credit transaction payable according to its original terms in more than 48 monthly installments, the rebate of the unearned portion of the interest shall be computed by applying, according to the actuarial method, the contract rate of interest to the actual unpaid balances of the amount financed for the actual time that the unpaid balances were outstanding as of the date of payment, giving effect to each payment as of the date of the payment. The bank commissioner may adopt rules under RSA 541-A, relative to simplifying the calculation of the unearned portion of the interest, including allowance of the use of tables or other methods and based on the assumption that all payments were made as originally scheduled.
III. With respect to a precomputed consumer credit transaction payable according to its original terms in 48 monthly installments or less, the rebate of the unearned portion of the interest may be computed according to the sum of the balances method, also known as the "Rule of 78," or by any other method to which the consumer is entitled by contract. If a rebate of interest may be computed according to the sum of the balances method, the creditor shall, prior to the closing of the transaction, furnish the consumer with a written explanation of such method of rebating in a form approved for that use by the bank commissioner.
IV. This section does not preclude the collection or retention by the creditor of delinquency charges.
V. This section only applies with respect to precomputed consumer credit transactions entered into on or after July 1, 1984 and prior to July 1, 1985.
Source.
1983, 463:1, eff. Aug. 26, 1983. 2019, 36:1, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:3 - Advance Collection of Interest in Consumer Credit Transactions Prohibited After June 30, 1985.

358-K:3 Advance Collection of Interest in Consumer Credit Transactions Prohibited After June 30, 1985. –
Notwithstanding any other law to the contrary, with respect to closed-end consumer credit transactions entered into after June 30, 1985, interest shall be collected only as earned, and no interest on such transactions shall be paid, deducted or added to principal in advance. This section shall not preclude the advance collection or prepayment of other charges to which the transaction is subject. This section shall not apply to the advance collection of interest at the inception of a closed-end consumer credit transaction for origination fees or for a fractional part of a month in order to achieve a common or convenient monthly payment date as provided by RSA 358-K:4-a.
Source.
1983, 463:1. 1986, 92:2, eff. July 18, 1986.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:4 - Actuarial Method Required for Computation of Interest on Closed-End Consumer Credit Transactions Entered Into After June 30, 1985.

358-K:4 Actuarial Method Required for Computation of Interest on Closed-End Consumer Credit Transactions Entered Into After June 30, 1985. –
Interest on closed-end consumer credit transactions entered into after June 30, 1985 shall be contracted for at an annual rate or rates and computed only on the scheduled outstanding balances of the amount financed according to the actuarial method. Interest on such transactions shall be collected only as earned on actual unpaid balances for the actual time outstanding, and the consumer shall not be entitled to any rebate of interest on prepayment in full of a closed-end consumer credit transaction.
Source.
1983, 463:1, eff. Aug. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:4-a - Exception to Achieve a Common or Convenient Monthly Payment Date.

358-K:4-a Exception to Achieve a Common or Convenient Monthly Payment Date. –
Any provision of this chapter to the contrary notwithstanding, interest on any closed-end consumer credit transaction may be collected in advance for origination fees at the inception of such transaction or for a fractional part of a month (less than 30 days) from the inception of such consumer credit transaction to a monthly payment date that the creditor commonly uses in such transactions, or that the creditor considers to be more convenient administratively as a monthly payment date than the transaction inception date, such as the first day of the month.
Source.
1986, 92:3, eff. July 1, 1986.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:5 - Penalty.

358-K:5 Penalty. –
Any person who willfully violates any provision of this chapter shall be guilty of a misdemeanor.
Source.
1983, 463:1, eff. Aug. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-K - Regulation of Consumer Credit Transactions › Section 358-K:6 - Application of Chapter to Types of Transactions.

358-K:6 Application of Chapter to Types of Transactions. –
The provisions of this chapter shall apply to all consumer credit transactions, both secured and unsecured, including those transactions secured by a real property mortgage. The provisions of this chapter shall not apply to student loans, the proceeds of which are exclusively for the payment of tuition and other education-related expenses.
Source.
1986, 92:4. 2001, 263:5, eff. July 13, 2001.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-M - Merchant's Check Acceptance Policies › Section 358-M:1 - Provision of Credit Card Number or Expiration Date Not Required.

358-M:1 Provision of Credit Card Number or Expiration Date Not Required. –
I. A person shall not require as a condition of acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both.
II. This section shall not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share a draft whether or not a credit card is presented.
III. This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both, in lieu of a deposit to secure payment in event of default, loss, damage, or other occurrence.
IV. No liability shall be imposed under this section on an employee acting in accordance with the directions of his employer.
Source.
1991, 65:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-N - Prohibited Credit Card Practices in Travel Services › Section 358-N:1 - Definitions.

358-N:1 Definitions. –
In this chapter:
I. "Credit card" means any instrument, whether known as a credit card, credit plate, charge plate, or by any other name, which purports to evidence an undertaking to pay for service rendered or furnished to or upon the order of a designated person or bearer.
II. "Provider of travel services" means a person, firm or corporation engaged in the business of furnishing travel, transportation or vacation services. This term shall not include a travel agent as defined in paragraph III.
III. "Travel agent" means a person, firm, corporation, partnership or association, other than a common carrier, or employee of a common carrier, that:
(a) Is an officially appointed agent of a common carrier or is a member of a cruise line association who operates exclusively as an agent for cruise lines in the sale of cruise travel products or services; and
(b) As a legal agent for a provider of travel services sells, or offers for sale, travel, transportation or vacation arrangements.
Source.
1992, 233:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-N - Prohibited Credit Card Practices in Travel Services › Section 358-N:2 - Prohibited Practices.

358-N:2 Prohibited Practices. –
A provider of travel services for which a travel agent is an agent shall not impose a surcharge on or reduce the commission paid to such travel agent if the consumer uses a credit card to obtain credit in the transaction.
Source.
1992, 233:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-N - Prohibited Credit Card Practices in Travel Services › Section 358-N:3 - Unfair Trade Practice.

358-N:3 Unfair Trade Practice. –
Any violation of RSA 358-N:2 shall constitute an unfair or deceptive trade practice within the meaning of RSA 358-A, and shall subject the defendant in such case to a cause of action under RSA 358-A:10.
Source.
1992, 233:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:2 - Definitions.

358-O:2 Definitions. –
In this chapter:
I. "Anything of value," "item of value" or "item" means any item or service with monetary value.
II. "Handling charge" means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value including, but not limited to, promotional fees, redemption fees, registration fees or delivery costs.
III. "Person" means any natural person, corporation, trust, partnership, association and any other legal entity.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:3 - Representation of Having Won a Prize, Gift or Any Item of Value.

358-O:3 Representation of Having Won a Prize, Gift or Any Item of Value. –
I. No person shall, in connection with the sale or lease or solicitation for the sale or lease of goods, property or service, represent that another person has won anything of value or is the winner of a contest, unless all of the following conditions are met:
(a) The recipient of the prize, gift or item of value shall be given the prize, gift or item of value without obligation; and
(b) The prize, gift or item of value shall be delivered to the recipient at no expense to the recipient, within 10 days of the representation.
II. The use of language that may lead a reasonable person to believe he has won a contest or anything of value, including, but not limited to, "Congratulations," or "You have won," or "You are the winner of," shall be considered a representation of the type governed by this section.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:5 - Representation of Being Specially Selected.

358-O:5 Representation of Being Specially Selected. –
I. No person shall represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property or service, unless the selection process is designed to reach a particular type or types of persons.
II. The use of any language that may lead a reasonable person to believe he has been specially selected, including but not limited to, "carefully selected," or "You have been selected to receive," or "You have been chosen," shall be considered a representation of the type governed by this section.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:6 - Simulation of Checks, Invoices, Official Documents, and Agencies.

358-O:6 Simulation of Checks, Invoices, Official Documents, and Agencies. –
In connection with a consumer transaction, no person shall issue any writing which simulates or resembles:
I. A check unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person.
II. An invoice unless the intended recipient of the invoice has actually contracted for goods, property, or services for which the issuer seeks proper payment.
III. Any document issued by an officer of any court of any jurisdiction or which implies the offerer is sending a court or legal document.
IV. Any words, phrases, or visual representation which simulate or cause confusion with the seal or name of a governmental agency or entity, whether it be real or fictitious, or which imply that the offeror is a governmental entity.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:7 - Conditions for Handling Charges and Shipping Charges.

358-O:7 Conditions for Handling Charges and Shipping Charges. –
I. It shall be unlawful to notify a person that such person will receive a gift, prize, or item of value and that as a condition of receiving the gift, prize or item of value such person will be required to pay any money, or purchase or lease (including rent) any goods or services, if any one or more of the following conditions exist:
(a) The shipping charges exceed:
(1) the cost of postage or the charge of a delivery service in the business of delivering goods of like size, weight, and kind for shipping the gift, prize or item of value from the geographic area in which the gift, prize or item of value is being distributed; or
(2) the exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift, prize or item of value; or
(b) The handling charge exceeds the lesser of $5 or the actual cost of handling.
II. This section shall apply to all offers of prizes, gifts or items of value covered by this chapter.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:8 - Civil Action.

358-O:8 Civil Action. –
Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provisions. Any consumer who is successful in such an action shall recover reasonable attorney's fees and court costs incurred by bringing such action.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:9 - Penalties.

358-O:9 Penalties. –
Any violation of this chapter shall constitute a prohibited practice under the provisions of RSA 358-A and shall be subject to any of the enforcement provisions of RSA 358-A.
Source.
1994, 229:2, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-O - Prizes and Gifts Act › Section 358-O:10 - Exemptions.

358-O:10 Exemptions. –
The provisions of RSA 358-O:4 through 358-O:7 shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the Federal Trade Commission trade regulation rule concerning use of negative option plans by sellers in commerce or through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive such goods and the recipient of such goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods, or unused portion thereof, upon return of the goods, or unused portion thereof, undamaged.
Source.
1994, 229:2, 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:1 - Short Title.

358-P:1 Short Title. –
This chapter is to be known as the "New Hampshire Rent-to-Own Agreement Act."
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:2 - Definitions.

358-P:2 Definitions. –
In this chapter:
I. "Advertisement" means a commercial message in any medium that solicits a consumer to enter a rent-to-own agreement.
II. "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rent-to-own agreement.
III. "Consumer" means a natural person who rents personal property under a rent-to-own agreement to be used primarily for personal, family or household purposes.
IV. "Consummation" means the date on which a consumer enters into a rent-to-own agreement.
V. "Rent-to-own agreement" means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of 4 months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property.
VI. "Rent-to-own dealer" means a person who regularly provides the use of property through rent-to-own agreements and to whom rent payments are initially payable on the face of the rent-to-own agreement.
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:3 - General Requirements of Disclosure.

358-P:3 General Requirements of Disclosure. –
I. The rent-to-own dealer shall disclose to the consumer the information required by RSA 358-P:4. In a transaction involving more than one rent-to-own dealer, only one such dealer need make the disclosures, but all rent-to-own dealers shall be bound by such disclosures.
II. The disclosures shall be made at or before consummation of the rent-to-own agreement.
III. The disclosures shall be made clearly and conspicuously in writing and a copy of the rent-to-own agreement provided to the consumer. The disclosures required under RSA 358-P:4 shall be made on the face of the contract above the line for the consumer's signature.
IV. If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy shall not be a violation of this chapter.
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:4 - Disclosures.

358-P:4 Disclosures. –
For each rent-to-own agreement, the rent-to-own dealer shall disclose in the agreement the following items, as applicable:
I. Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment, and the total number and total dollar amount of all periodic payments necessary to acquire ownership of the property.
II. A statement that the consumer will not own the property until the consumer has made the total payment necessary to acquire ownership.
III. A statement advising the consumer whether the consumer is liable for loss or damage to the property, and, if so, a statement that such liability will not exceed the fair market value of the property as of the time it is lost or damaged.
IV. A brief description of the rented property, sufficient to identify the property to the consumer and the rent-to-own dealer, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of this chapter.
V. A statement of the cash price of the property; however, where one agreement involves the rent of 2 or more items as a set, a statement of the aggregate cash price of all items shall satisfy this requirement. The statement shall also include the following disclosure:
"If you want to purchase this or similar property now, you should consider cash or credit terms that might be available to you."
VI. The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later.
VII. A statement that the total of payments does not include other charges, such as late payment, default, pickup and reinstatement fees, which fees shall be separately disclosed in the contract.
VIII. A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased.
IX. A statement identifying the party responsible for maintaining or servicing the property while it is being rented, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the rental property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty.
X. The date of the transaction and the identities of the rent-to-own dealer and consumer.
XI. A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair, reasonable wear and tear excepted, upon expiration of any rental term along with any past due rental payments.
XII. Notice of the right to reinstate an agreement as provided in RSA 358-P:8.
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:5 - Advertising.

358-P:5 Advertising. –
I. If an advertisement for a rent-to-own agreement refers to or states the dollar amount of an initial, periodic, or final payment or offers a free initial, periodic, or final payment for any item and refers to or states the right to acquire ownership of the item, then for such item the advertisement shall also clearly and conspicuously state the following:
(a) That the transaction advertised is a rent-to-own agreement.
(b) The total number and total amount of periodic payments necessary to acquire ownership of the item or a representative sample of the total number and total amount of periodic payments for each category of items in the advertisement.
(c) That the consumer acquires no ownership rights unless the total amount necessary to acquire ownership is paid.
II. Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
III. The provisions of paragraph I of this section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business.
IV. Every item displayed or offered under a rent-to-own agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals each of the following:
(a) The cash price of the item.
(b) The amount of the periodic payment.
(c) The total number and total dollar amount of periodic payments necessary to acquire ownership.
Source.
1994, 406:1. 2000, 8:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 358-P - Rent-to-Own Agreement Act › Section 358-P:6 - Inapplicability of Other Laws; Exempted Transactions.

358-P:6 Inapplicability of Other Laws;  Exempted Transactions. –
I. Rent-to-own agreements which comply with this chapter are not governed by the laws relating to:
(a) A "security interest" as defined in RSA 382-A:1-201(37).
(b) A "consumer credit transaction" as defined in RSA 358-C:1, II and RSA 358-K:1, V.
(c) "Credit" as defined in RSA 358-K:1, VII and RSA 399-B:1, I.
(d) A "home solicitation sale" as defined in RSA 361-B:1.
II. Rent-to-own agreements are governed by laws relating to:
(a) "Trade" as defined in RSA 358-A:1, II; and
(b) A "consumer transaction" as defined in RSA 358-C:1, III.
III. This chapter shall not apply to the following:
(a) Rent-to-own agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(b) Rental of a safe deposit box;
(c) Rental or bailment of personal property which is incidental to the rental of real property, and which provides that the consumer has no option to purchase the rented property; or
(d) The rental of an automobile.
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:7 - Prohibited Practices.

358-P:7 Prohibited Practices. –
I. A rent-to-own agreement shall not contain:
(a) A confession of judgment.
(b) A negotiable instrument.
(c) A security interest or any other claim of a property interest in any property of the consumer.
(d) A wage assignment.
(e) A waiver by the consumer of claims or defenses.
(f) A provision authorizing the rent-to-own dealer or a person acting on the rent-to-own dealer's behalf to enter upon the consumer's premises without permission or to commit any breach of the peace in the repossession of property.
(g) A provision requiring the purchase of insurance or liability damage waiver for the property that is the subject of the rent-to-own agreement from the rent-to-own dealer or requiring such purchase from a particular vendor. The rent-to-own dealer may, however, require that the consumer purchase insurance or a liability damage waiver for the rental property from a vendor of the consumer's choosing.
(h) A provision requiring the consumer to make a payment in addition to regular rental payments in order to acquire ownership of the rental property, or a provision requiring the consumer to make rental payments totaling more than the dollar amount necessary to acquire ownership as disclosed pursuant to RSA 358-P:4.
(i) A provision requiring a late charge or reinstatement fee unless a periodic payment is late more than 5 days on a monthly agreement or more than 2 days on an agreement with periodic payments made more frequently than monthly.
(j) A provision for a late charge or reinstatement fee in excess of $5.
(k) A provision for more than one late charge or reinstatement fee on any one periodic payment regardless of the period of time during which it remains unpaid.
II. No rent-to-own dealer shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in RSA 358-C.
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:8 - Reinstatement.

358-P:8 Reinstatement. –
I. A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of:
(a) All past due rental charges;
(b) If the property has been picked up, the reasonable costs of pick-up and redelivery; and
(c) Any applicable late fee, within 5 days of the renewal date if the consumer pays monthly, or within 2 days of the renewal date if the consumer pays more frequently than monthly.
II. In the case of a consumer who has paid less than 2/3 of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in paragraph I of this section, the consumer may reinstate the agreement during a period of not less than 21 days after the date of the return of the property.
III. In the case of a consumer who has paid 2/3 or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in paragraph I of this section, the consumer may reinstate the agreement during a period of not less than 30 days after the date of the return of the property.
IV. Nothing in this section shall prevent the rent-to-own dealer from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the rent-to-own dealer shall provide the consumer with the same property or substitute property of comparable quality and condition.
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:9 - Receipts.

358-P:9 Receipts. –
Upon request by the consumer, a rent-to-own dealer shall provide the consumer with a written receipt for each payment.
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:10 - Renegotiations and Extensions.

358-P:10 Renegotiations and Extensions. –
I. A renegotiation shall occur when an existing rent-to-own agreement is satisfied and replaced by a new agreement undertaken by the same rent-to-own dealer and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. A renegotiation shall not include:
(a) The addition or return of property in a multiple-item agreement or the substitution of the rental property, if in either case the average payment allocable to a payment period is not changed by more than 10 percent.
(b) A deferral or extension of a portion of a periodic payment or of one or more periodic payments.
(c) A reduction in charges in the rent or agreement.
(d) A modification to a rent-to-own agreement as a result of a court proceeding.
II. No disclosures are required for any extension of a rent-to-own agreement.
Source.
1994, 406:1, eff. Jan. 1, 1995.