New Hampshire: consumer-protection statute

Consumer Protection Act — N.H. Rev. Stat. § 358-A

Statute-text comparison only, not legal advice. Verify against the current official code.

Private right of action

Whether a person may bring a civil action under the statute.

Yes - any person injured may bring an action for damages and equitable relief

358-A:10

Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages

Actual damages

Recovery for the loss a person actually suffered.

Recovery in the amount of actual damages or $1,000, whichever is greater

358-A:10

recovery shall be in the amount of actual damages or $1,000, whichever is greater

Statutory minimum damages

A stated minimum or fixed amount of damages.

$1,000

358-A:10

recovery shall be in the amount of actual damages or $1,000, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

For willful or knowing violation, as much as 3 times but not less than 2 times such amount

358-A:10

it shall award as much as 3 times, but not less than 2 times, such amount

Attorney fees

Rules for recovering the cost of legal representation.

Prevailing plaintiff awarded costs and reasonable attorney's fees

358-A:10

a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

At least 10 days prior to action under RSA 358-A:4, attorney general shall notify the person

358-A:5

At least 10 days prior to commencement of any action under RSA 358-A:4, the attorney general shall notify the person

Class action limits

Restrictions on bringing claims on behalf of a class.

Class actions permitted under specified conditions; no bar or restriction stated

358-A:10-a

Persons entitled to bring an action under RSA 358-A:10 may, if the unlawful act or practice has caused similar injury to numerous other persons, institute an action as representative

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Courts may be guided by FTC and federal court interpretations of Section 5(a)(1) of the FTC Act

358-A:13

the courts may be guided by the interpretation and construction given Section 5(a)(1) of the Federal Trade Commission Act

Time limit for a claim

The period in which an action must be brought.

Transactions entered into more than 3 years prior to when plaintiff knew or should have known are exempt

358-A:3

Transactions entered into more than 3 years prior to the time the plaintiff knew, or reasonably should have known

Injunctive relief

Court orders requiring conduct to stop or change.

Available to private individuals without bond, subject to court discretion; AG may seek injunction

358-A:10

Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Up to $10,000 for each violation

358-A:4

may award to the state civil penalties up to $10,000 for each violation of this chapter