.

State2009 Statute Number 2009 Statute Language2010 Statute Number 2010 Statute Language

.

New HampshireN.H. Rev. Stat. Ann. § 358-A:1. Definitions.As used in this chapter, the following terms shall have the following meaning:

I. "Person'' shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.

II. "Trade'' and "commerce'' shall include the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state.

III. "Documentary material'' shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate.

IV. "Examination of documentary material'' shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such documentary material or copy thereof.

IV-a. "Gift certificate'' means a written promise given in exchange for payment to provide the bearer, upon presentation, goods or services in a specified amount.

V. "Going out of business sale'' means any sale advertised, represented or held forth under the designation of: "going out of business,'' "close out,'' "quitting business,'' "discontinuance of business,'' "selling out,'' "liquidation,'' "lost our lease,'' "must vacate,'' "forced out,'' "removal,'' "branch store discontinuance sale,'' "building coming down,'' "end,'' "final days,'' "last days,'' "lease expires,'' "we give up sale,'' "we quit sale,'' "reorganization sale,'' or any other advertising or designation by any other expression similar to any of the foregoing giving notice to the public that the sale will precede the termination of a business or the abandonment of a business location.
N.H. Rev. Stat. Ann. § 358-A:1. Definitions.As used in this chapter, the following terms shall have the following meaning:

I. "Person'' shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.

II. "Trade'' and "commerce'' shall include the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state.

III. "Documentary material'' shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate.

IV. "Examination of documentary material'' shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such documentary material or copy thereof.

IV-a. "Gift certificate'' means a written promise given in exchange for payment to provide the bearer, upon presentation, goods or services in a specified amount.

V. "Going out of business sale'' means any sale advertised, represented or held forth under the designation of: "going out of business,'' "close out,'' "quitting business,'' "discontinuance of business,'' "selling out,'' "liquidation,'' "lost our lease,'' "must vacate,'' "forced out,'' "removal,'' "branch store discontinuance sale,'' "building coming down,'' "end,'' "final days,'' "last days,'' "lease expires,'' "we give up sale,'' "we quit sale,'' "reorganization sale,'' or any other advertising or designation by any other expression similar to any of the foregoing giving notice to the public that the sale will precede the termination of a business or the abandonment of a business location.

.

N.H. Rev. Stat. Ann. § 358-A:2. Acts Unlawful.It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:

I. Passing off goods or services as those of another;

II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;

IV. Using deceptive representations or designations of geographic origin in connection with goods or services;

V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;

VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;

IX. Advertising goods or services with intent not to sell them as advertised;

X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;

XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

XII. Conducting or advertising a going out of business sale:

(a) Which lasts for more than 60 days;

(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;

(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller's course of business;

(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller's course of business;

(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;

(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;

(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or

(h) In a manner other than the name implies.

XIII. Selling gift certificates having a face value of $100 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $100 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.

XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition.
N.H. Rev. Stat. Ann. § 358-A:2. Acts Unlawful.It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:

I. Passing off goods or services as those of another;

II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;

IV. Using deceptive representations or designations of geographic origin in connection with goods or services;

V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;

VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;

IX. Advertising goods or services with intent not to sell them as advertised;

X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;

XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

XII. Conducting or advertising a going out of business sale:

(a) Which lasts for more than 60 days;

(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;

(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller's course of business;

(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller's course of business;

(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;

(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;

(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or

(h) In a manner other than the name implies.

XIII. Selling gift certificates having a face value of $100 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $100 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.

XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition.

.

N.H. Rev. Stat. Ann. § 358-A:3. Exempt Transactions; Etc.The following transactions shall be exempt from the provisions of this chapter:

I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles.

II. [Repealed.]

III. Trade or commerce of any person who shows that such person has had served upon such person by the Federal Trade Commission a complaint pursuant to 15 U.S.C. 45(b) relating to said trade or commerce until the Federal Trade Commission has either dismissed said complaint, secured an assurance of voluntary compliance, or issued a cease and desist order relating to said complaint pursuant to 15 U.S.C. 45(b).

IV. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character.

IV-a. Transactions entered into more than 3 years prior to the time the plaintiff knew, or reasonably should have known, of the conduct alleged to be in violation of this chapter; provided, however, that this section shall not ban the introduction of evidence of unfair trade practices and deceptive acts prior to the 3-year period in any action under this chapter.

IV-b. Violations of RSA 205-A which have occurred more than 3 years prior to the complaint alleged to be in violation of this chapter.

V. The burden of proving exemptions from the provisions of this chapter by reason of paragraphs I, II, III, IV and IV-a of this section shall be upon the person claiming the exemption.
N.H. Rev. Stat. Ann. § 358-A:3. Exempt Transactions; Etc.The following transactions shall be exempt from the provisions of this chapter:

I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles.

II. [Repealed.]

III. Trade or commerce of any person who shows that such person has had served upon such person by the Federal Trade Commission a complaint pursuant to 15 U.S.C. 45(b) relating to said trade or commerce until the Federal Trade Commission has either dismissed said complaint, secured an assurance of voluntary compliance, or issued a cease and desist order relating to said complaint pursuant to 15 U.S.C. 45(b).

IV. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character.

IV-a. Transactions entered into more than 3 years prior to the time the plaintiff knew, or reasonably should have known, of the conduct alleged to be in violation of this chapter; provided, however, that this section shall not ban the introduction of evidence of unfair trade practices and deceptive acts prior to the 3-year period in any action under this chapter.

IV-b. Violations of RSA 205-A which have occurred more than 3 years prior to the complaint alleged to be in violation of this chapter.

V. The burden of proving exemptions from the provisions of this chapter by reason of paragraphs I, II, III, IV and IV-a of this section shall be upon the person claiming the exemption.

.

N.H. Rev. Stat. Ann. § 358-A:4. Administration; Enforcement.I. The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice established by RSA 21-M:8.

II. [Repealed.]

III. (a) Whenever the attorney general has reason to believe that trade or commerce declared unlawful by this chapter has been, is being or is about to be conducted by any person, the attorney general may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such trade or commerce and may petition the court for an order of restitution of money or property to any person or class of persons injured thereby. The action may be brought in the superior court of the county in which the person allegedly in violation of this chapter resides or in which the principal place of business is located, or, with the consent of the parties or if the person is a nonresident and has no place of business within the state, in the superior court of Merrimack county.

(b) Upon a finding that any person has engaged or is engaging in any act or practice declared unlawful by this chapter, the court may make any necessary order or judgment and may award to the state civil penalties up to $10,000 for each violation of this chapter. No such order shall require the payment of civil penalties until the process of appeal has been exhausted. Any such order or judgment shall be prima facie evidence in any action brought under RSA 358-A:10 that the respondent has engaged in an act or practice declared unlawful by this chapter. For the purpose of this section, the court shall determine the number of unlawful acts or practices which have occurred without regard to the number of persons affected thereby. It shall be an affirmative defense to the assessment of civil penalties that the defendant acted pursuant to a good faith misunderstanding concerning the requirements of this chapter.

III-a. In connection with any action brought under paragraph III, the attorney general may also petition the court to appoint a receiver to take charge of the business of any person during the course of litigation when the attorney general has reason to believe that such an appointment is necessary to prevent such person from continuing to engage in any act or practice declared unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into the receiver's possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling derived by means of any unlawful act or practice, and to sell, convey and assign the same and hold, dispose and distribute the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of any unlawful act or practice and submits proof to the satisfaction of the court that such person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent that the person has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments as may be required. In lieu of the foregoing procedure, the court may permit any person alleged to have violated this chapter to post a bond in a manner and in an amount to be fixed by the court. The bond shall be made payable to the state and may be distributed by the court only after a decision on the merits and the process of appeals has been exhausted.

IV. Any county attorney or law enforcement officer receiving notice of any alleged violation of this chapter shall immediately forward written notice of the same with any other information that the county attorney or law enforcement officer may have to the department of justice.
N.H. Rev. Stat. Ann. § 358-A:4. Administration; Enforcement.I. The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice established by RSA 21-M:8.

II. [Repealed.]

III. (a) Whenever the attorney general has reason to believe that trade or commerce declared unlawful by this chapter has been, is being or is about to be conducted by any person, the attorney general may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such trade or commerce and may petition the court for an order of restitution of money or property to any person or class of persons injured thereby. The action may be brought in the superior court of the county in which the person allegedly in violation of this chapter resides or in which the principal place of business is located, or, with the consent of the parties or if the person is a nonresident and has no place of business within the state, in the superior court of Merrimack county.

(b) Upon a finding that any person has engaged or is engaging in any act or practice declared unlawful by this chapter, the court may make any necessary order or judgment and may award to the state civil penalties up to $10,000 for each violation of this chapter. No such order shall require the payment of civil penalties until the process of appeal has been exhausted. Any such order or judgment shall be prima facie evidence in any action brought under RSA 358-A:10 that the respondent has engaged in an act or practice declared unlawful by this chapter. For the purpose of this section, the court shall determine the number of unlawful acts or practices which have occurred without regard to the number of persons affected thereby. It shall be an affirmative defense to the assessment of civil penalties that the defendant acted pursuant to a good faith misunderstanding concerning the requirements of this chapter.

III-a. In connection with any action brought under paragraph III, the attorney general may also petition the court to appoint a receiver to take charge of the business of any person during the course of litigation when the attorney general has reason to believe that such an appointment is necessary to prevent such person from continuing to engage in any act or practice declared unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into the receiver's possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling derived by means of any unlawful act or practice, and to sell, convey and assign the same and hold, dispose and distribute the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of any unlawful act or practice and submits proof to the satisfaction of the court that such person has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent that the person has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments as may be required. In lieu of the foregoing procedure, the court may permit any person alleged to have violated this chapter to post a bond in a manner and in an amount to be fixed by the court. The bond shall be made payable to the state and may be distributed by the court only after a decision on the merits and the process of appeals has been exhausted.

IV. Any county attorney or law enforcement officer receiving notice of any alleged violation of this chapter shall immediately forward written notice of the same with any other information that the county attorney or law enforcement officer may have to the department of justice.

.

N.H. Rev. Stat. Ann. § 358-A:6. Penalties.I. Any person convicted of violating RSA 358-A:2 hereof shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

II. Any person who violates the terms of an injunction issued under RSA 358-A:4, III, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. For the purposes of this section, the court issuing said injunction shall retain jurisdiction.

III. Any person who subverts the intent and purposes of this chapter by filing false, misleading, or substantially inaccurate statements with the attorney general for the purposes of effecting prosecution under this chapter shall be guilty of a violation.

IV. If any person is found to have engaged in any act or practice declared unlawful by this chapter, the court may award to the state in any action brought under this chapter all legal costs and expenses. RSA 525:12 shall apply to civil actions commenced under this chapter.
N.H. Rev. Stat. Ann. § 358-A:6. Penalties.I. Any person convicted of violating RSA 358-A:2 hereof shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

II. Any person who violates the terms of an injunction issued under RSA 358-A:4, III, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. For the purposes of this section, the court issuing said injunction shall retain jurisdiction.

III. Any person who subverts the intent and purposes of this chapter by filing false, misleading, or substantially inaccurate statements with the attorney general for the purposes of effecting prosecution under this chapter shall be guilty of a violation.

IV. If any person is found to have engaged in any act or practice declared unlawful by this chapter, the court may award to the state in any action brought under this chapter all legal costs and expenses. RSA 525:12 shall apply to civil actions commenced under this chapter.

.

N.H. Rev. Stat. Ann. § 358-A:7. Assurance of Discontinuance.Nothing contained in this chapter shall be construed as preventing the attorney general, in cases in which the attorney general is authorized to bring an action, from accepting in lieu thereof an assurance of discontinuance of any act or practice which violates this chapter. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the attorney general, or of an amount to be held in escrow pending the outcome of an action, or of an amount to restore to any person any money or real or personal property which may have been acquired by such alleged violator, or all 3. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Merrimack county. Matters thus closed may be reopened by the attorney general at any time it is in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter commenced by the attorney general.N.H. Rev. Stat. Ann. § 358-A:7. Assurance of Discontinuance.Nothing contained in this chapter shall be construed as preventing the attorney general, in cases in which the attorney general is authorized to bring an action, from accepting in lieu thereof an assurance of discontinuance of any act or practice which violates this chapter. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the attorney general, or of an amount to be held in escrow pending the outcome of an action, or of an amount to restore to any person any money or real or personal property which may have been acquired by such alleged violator, or all 3. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Merrimack county. Matters thus closed may be reopened by the attorney general at any time it is in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter commenced by the attorney general.

.

N.H. Rev. Stat. Ann. § 358-A:9. Habitual Violation of Injunction.Upon petition by the attorney general, the court may order, for habitual violation of injunctions issued pursuant to RSA 358-A:4, III, the dissolution, suspension, or forfeiture of franchise of any corporation, or the right of any foreign corporation to do business in the state.N.H. Rev. Stat. Ann. § 358-A:9. Habitual Violation of Injunction.Upon petition by the attorney general, the court may order, for habitual violation of injunctions issued pursuant to RSA 358-A:4, III, the dissolution, suspension, or forfeiture of franchise of any corporation, or the right of any foreign corporation to do business in the state.

.

N.H. Rev. Stat. Ann. § 358-A:10. Private Actions.I. Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.

II. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
N.H. Rev. Stat. Ann. § 358-A:10. Private Actions.I. Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.

II. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.

.

N.H. Rev. Stat. Ann. § 358-A:11. Proof Required. In order to prevail in any prosecution under this chapter, it is not necessary to prove actual confusion or misunderstanding.N.H. Rev. Stat. Ann. § 358-A:11. Proof Required. In order to prevail in any prosecution under this chapter, it is not necessary to prove actual confusion or misunderstanding.

.

N.H. Rev. Stat. Ann. § 358-A:12. Other Actions Saved. This chapter does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.N.H. Rev. Stat. Ann. § 358-A:12. Other Actions Saved. This chapter does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.

.

N.H. Rev. Stat. Ann. § 358-A:13. Interpretation and Construction of Act. It is the intent of the legislature that in any action or prosecution under this chapter, the courts may be guided by the interpretation and construction given Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), by the Federal Trade Commission and the federal courts.N.H. Rev. Stat. Ann. § 358-A:13. Interpretation and Construction of Act. It is the intent of the legislature that in any action or prosecution under this chapter, the courts may be guided by the interpretation and construction given Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), by the Federal Trade Commission and the federal courts.

.

N.H. Rev. Stat. Ann. § 358-B:1 Definitions. In this chapter:

I. "Chain distributor scheme'' means a sales device whereby a person, upon condition that he make an investment, is granted a license or right to solicit or recruit for profit or economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted such license or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of profits therefrom, does not change the identity of the scheme as a chain distributor scheme.

II. "Investment'' means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes, without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale.
N.H. Rev. Stat. Ann. § 358-B:1 Definitions. In this chapter:

I. "Chain distributor scheme'' means a sales device whereby a person, upon condition that he make an investment, is granted a license or right to solicit or recruit for profit or economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted such license or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for such license or right to recruit or solicit or the receipt of profits therefrom, does not change the identity of the scheme as a chain distributor scheme.

II. "Investment'' means any acquisition, for a consideration other than personal services, of property, tangible or intangible, and includes, without limitation, franchises, business opportunities and services. It does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale.

.

N.H. Rev. Stat. Ann. § 358-B:2 Chain Distributor Schemes Prohibited. It shall be unlawful for any person, partnership, corporation, trust or association, or any agent or employee thereof, to promote, offer or grant participation in a chain distributor scheme.N.H. Rev. Stat. Ann. § 358-B:2 Chain Distributor Schemes Prohibited. It shall be unlawful for any person, partnership, corporation, trust or association, or any agent or employee thereof, to promote, offer or grant participation in a chain distributor scheme.

.

N.H. Rev. Stat. Ann. § 358-C:1 Definitions. In this chapter:

I. "Consumer'' means a natural person who seeks or acquires, or is offered property, services or credit for personal, family or household purposes.

II. "Consumer credit transaction'' means a transaction between a creditor and a consumer in which real or personal property, services, money or a form of money is acquired on credit and the consumer's obligation is payable in 4 or more installments or for which credit a finance charge is or may be imposed. The term includes consumer credit sales, consumer loans, consumer leases of personal property and transactions pursuant to a seller or lender credit card, but shall not include leases of real property.

III. "Consumer transaction'' means a transaction between a consumer and a person who sells, leases or provides property, services or credit to consumers. The term shall not include leases of real property.

IV. "Creditor'' means a person who in the ordinary course of business engages in consumer credit transactions with consumers.

V. "Credit'' means the right granted by a person to a consumer to defer payment of a debt, to incur debt and defer its payment, or purchase property or services and defer payment therefor.

VI. "Debt'' means any obligation or alleged obligation arising out of a consumer transaction.

VII. "Debtor'' means a person who owes or allegedly owes an obligation arising out of a consumer transaction.

VIII. "Debt collector'' means:

(a) Any person who by any direct or indirect action, conduct or practice enforces or attempts to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer credit transaction; or

(b) Any person who, for any fee, commission or charge other than wages or salary, engages in any direct or indirect action, conduct or practice to enforce or attempt to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction; or

(c) Any person who, pursuant to an assignment, sale or transfer of a claim against a consumer, engages in any direct or indirect action, conduct or practice to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction.

IX. "Finance charge'' means a charge such as interest, fees, service charges, discounts and other charges associated with the extension of credit.

X. "Person'' means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.
N.H. Rev. Stat. Ann. § 358-C:1 Definitions. In this chapter:

I. "Consumer'' means a natural person who seeks or acquires, or is offered property, services or credit for personal, family or household purposes.

II. "Consumer credit transaction'' means a transaction between a creditor and a consumer in which real or personal property, services, money or a form of money is acquired on credit and the consumer's obligation is payable in 4 or more installments or for which credit a finance charge is or may be imposed. The term includes consumer credit sales, consumer loans, consumer leases of personal property and transactions pursuant to a seller or lender credit card, but shall not include leases of real property.

III. "Consumer transaction'' means a transaction between a consumer and a person who sells, leases or provides property, services or credit to consumers. The term shall not include leases of real property.

IV. "Creditor'' means a person who in the ordinary course of business engages in consumer credit transactions with consumers.

V. "Credit'' means the right granted by a person to a consumer to defer payment of a debt, to incur debt and defer its payment, or purchase property or services and defer payment therefor.

VI. "Debt'' means any obligation or alleged obligation arising out of a consumer transaction.

VII. "Debtor'' means a person who owes or allegedly owes an obligation arising out of a consumer transaction.

VIII. "Debt collector'' means:

(a) Any person who by any direct or indirect action, conduct or practice enforces or attempts to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer credit transaction; or

(b) Any person who, for any fee, commission or charge other than wages or salary, engages in any direct or indirect action, conduct or practice to enforce or attempt to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction; or

(c) Any person who, pursuant to an assignment, sale or transfer of a claim against a consumer, engages in any direct or indirect action, conduct or practice to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction.

IX. "Finance charge'' means a charge such as interest, fees, service charges, discounts and other charges associated with the extension of credit.

X. "Person'' means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.

.

N.H. Rev. Stat. Ann. § 358-C:2 General Prohibition. No debt collector shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in this chapter.N.H. Rev. Stat. Ann. § 358-C:2 General Prohibition. No debt collector shall collect or attempt to collect a debt in an unfair, deceptive or unreasonable manner as defined in this chapter.

.

N.H. Rev. Stat. Ann. § 358-C:3 Prohibited Acts. For the purposes of this chapter, any debt collection or attempt to collect a debt shall be deemed unfair, deceptive or unreasonable if the debt collector:

I. Communicates or attempts to communicate with the debtor, orally or in writing:

(a) By causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously or at unusual times or at times known to be inconvenient with the intent to abuse, oppress or harass any person at the called number; or

(b) By use of profane, obscene or vulgar language that is intended to abuse the hearer or reader; or

(c) At the debtor's place of employment if said place is other than the debtor's residence, provided that:

(1) a debt collector may send a single letter to the debtor at his place of employment if he has otherwise been unable to locate the debtor; and

(2) a debt collector may phone the debtor at his place of employment if he is unable to contact the debtor at his residence, provided that:

A. the debtor does not inform the debt collector that he does not wish the debt collector to communicate or attempt to communicate with him at his place of employment; and

B. the debt collector shall not inform the employer of the nature of the call unless asked by the employer; and

C. in no event shall the debt collector make more than one phone call per month to the debtor at his place of employment unless the debtor affirmatively indicates in writing that he desires the debt collector to call him at his place of employment. (For the purposes of this subparagraph, any language in any instrument creating the debt which purports to authorize phone calls at the debtor's place of employment shall not be considered an affirmative indication that the debtor desires the debt collector to call him at his place of employment.); or

(d) Using any written communication which fails to clearly identify the name of the debt collector, the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, and the debt collector's business address (the foregoing shall not require the name or address of the debt collector or the person for whom the debt collector is attempting to collect the debt to be printed on any envelope containing a communication); or

(e) By placement of phone calls without disclosure of the name of the individual making the call and the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, or by using a fictitious name while engaging in the collection of debts; or

(f) By causing any expense to the debtor in the form of long distance telephone calls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; or

II. Uses or threatens the use of force or violence; or

III. Threatens to take any unlawful action or action which the debt collector in the regular course of business does not take; or

IV. Communicates or threatens to communicate, except by proper judicial process, the fact of such debt to a person other than the person who might reasonably be expected to be liable therefor; provided that the provisions of this paragraph shall not prohibit a debt collector from:

(a) Communicating information relating to a debt to a person residing with the debtor and reasonably believed to be a relative or family member over the age of 18, or to an attorney, financial counseling organization or other person who has notified the debt collector that he is representing the debtor; or

(b) From leaving a message at the residence of the debtor containing no information other than a request that the debtor contact the debt collector about the debt; or

(c) Communicating information relating to the debt to the debtor's spouse or, if the debtor is a minor, to the parents or guardians of the debtor where the purpose of the communication is solely to locate the debtor; provided that:

(1) the debt collector has been unable to locate the debtor by other means for a period of 30 days; and

(2) the debt collector, having once communicated with any of said persons, shall not again attempt to locate the debtor by communicating with said person; or

(d) Reporting, or notifying a debtor that the debt collector may report a debt to:

(1) a consumer reporting agency defined in RSA 359-B:3, VI, or any lending institution, provided that if the debt collector knows the debt to be disputed he shall notify the consumer reporting agency or lending institution that the debt is disputed; or

(2) to an agent or attorney engaged for the purpose of collecting the debt. (For the purposes of RSA 358-C:3, IV, the use of language on envelopes other than the debt collector's name, address or telephone number, indicating that the communication relates to the collection of a debt shall be deemed a communication of the debt.); or

V. Communicates directly with the debtor, except through proper legal action, after notification from an attorney, financial counseling organization or other person representing the debtor that all further communication relative to the debt should be addressed to the attorney, organization or other person unless the attorney, organization or other person fails to answer correspondence, return phone calls or discuss the debt within 10 days or prior approval is obtained from the attorney, organization or other person or the communication is a response in the ordinary course of business to the debtor's inquiry; or

VI. Communicates with the debtor through the use of forms or instruments which simulate the form and appearance of judicial process or which give the appearance of being authorized, issued or approved by a government, governmental agency or attorney-at-law when they are not; or

VII. Makes any material false representation or implication of the character, extent or amount of the debt, or of its status in any legal proceeding; or

VIII. Makes any representation that an existing obligation may be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when in fact such fees or charges may not be legally added to the existing obligation; or

IX. Makes any representation that an existing obligation will definitely be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when the award of such fee or charge is discretionary by a court of law; or

X. Collects or attempts to collect any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor; provided that the foregoing shall not prohibit a debt collector from attempting to collect court costs in a judicial proceeding; or

XI. Threatens that nonpayment of a debt will result in the arrest of any person or the seizure, garnishment, attachment or sale of any property or wages without indicating, when a court order is a legal prerequisite to any such action; that

(a) There must be a court order in effect permitting such action; and, where applicable,

(b) That the debtor will have an opportunity to appear in court to contest such action prior to any such court order being effective; or

XII. Threatens to assign or sell to another the account of or claim against the debtor with an attending representation or implication that the result of any such sale or assignment would be that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection attempts.
N.H. Rev. Stat. Ann. § 358-C:3 Prohibited Acts. For the purposes of this chapter, any debt collection or attempt to collect a debt shall be deemed unfair, deceptive or unreasonable if the debt collector:

I. Communicates or attempts to communicate with the debtor, orally or in writing:

(a) By causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously or at unusual times or at times known to be inconvenient with the intent to abuse, oppress or harass any person at the called number; or

(b) By use of profane, obscene or vulgar language that is intended to abuse the hearer or reader; or

(c) At the debtor's place of employment if said place is other than the debtor's residence, provided that:

(1) a debt collector may send a single letter to the debtor at his place of employment if he has otherwise been unable to locate the debtor; and

(2) a debt collector may phone the debtor at his place of employment if he is unable to contact the debtor at his residence, provided that:

A. the debtor does not inform the debt collector that he does not wish the debt collector to communicate or attempt to communicate with him at his place of employment; and

B. the debt collector shall not inform the employer of the nature of the call unless asked by the employer; and

C. in no event shall the debt collector make more than one phone call per month to the debtor at his place of employment unless the debtor affirmatively indicates in writing that he desires the debt collector to call him at his place of employment. (For the purposes of this subparagraph, any language in any instrument creating the debt which purports to authorize phone calls at the debtor's place of employment shall not be considered an affirmative indication that the debtor desires the debt collector to call him at his place of employment.); or

(d) Using any written communication which fails to clearly identify the name of the debt collector, the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, and the debt collector's business address (the foregoing shall not require the name or address of the debt collector or the person for whom the debt collector is attempting to collect the debt to be printed on any envelope containing a communication); or

(e) By placement of phone calls without disclosure of the name of the individual making the call and the name of the person (as defined in RSA 358-C:1, X) for whom the debt collector is attempting to collect the debt, or by using a fictitious name while engaging in the collection of debts; or

(f) By causing any expense to the debtor in the form of long distance telephone calls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; or

II. Uses or threatens the use of force or violence; or

III. Threatens to take any unlawful action or action which the debt collector in the regular course of business does not take; or

IV. Communicates or threatens to communicate, except by proper judicial process, the fact of such debt to a person other than the person who might reasonably be expected to be liable therefor; provided that the provisions of this paragraph shall not prohibit a debt collector from:

(a) Communicating information relating to a debt to a person residing with the debtor and reasonably believed to be a relative or family member over the age of 18, or to an attorney, financial counseling organization or other person who has notified the debt collector that he is representing the debtor; or

(b) From leaving a message at the residence of the debtor containing no information other than a request that the debtor contact the debt collector about the debt; or

(c) Communicating information relating to the debt to the debtor's spouse or, if the debtor is a minor, to the parents or guardians of the debtor where the purpose of the communication is solely to locate the debtor; provided that:

(1) the debt collector has been unable to locate the debtor by other means for a period of 30 days; and

(2) the debt collector, having once communicated with any of said persons, shall not again attempt to locate the debtor by communicating with said person; or

(d) Reporting, or notifying a debtor that the debt collector may report a debt to:

(1) a consumer reporting agency defined in RSA 359-B:3, VI, or any lending institution, provided that if the debt collector knows the debt to be disputed he shall notify the consumer reporting agency or lending institution that the debt is disputed; or

(2) to an agent or attorney engaged for the purpose of collecting the debt. (For the purposes of RSA 358-C:3, IV, the use of language on envelopes other than the debt collector's name, address or telephone number, indicating that the communication relates to the collection of a debt shall be deemed a communication of the debt.); or

V. Communicates directly with the debtor, except through proper legal action, after notification from an attorney, financial counseling organization or other person representing the debtor that all further communication relative to the debt should be addressed to the attorney, organization or other person unless the attorney, organization or other person fails to answer correspondence, return phone calls or discuss the debt within 10 days or prior approval is obtained from the attorney, organization or other person or the communication is a response in the ordinary course of business to the debtor's inquiry; or

VI. Communicates with the debtor through the use of forms or instruments which simulate the form and appearance of judicial process or which give the appearance of being authorized, issued or approved by a government, governmental agency or attorney-at-law when they are not; or

VII. Makes any material false representation or implication of the character, extent or amount of the debt, or of its status in any legal proceeding; or

VIII. Makes any representation that an existing obligation may be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when in fact such fees or charges may not be legally added to the existing obligation; or

IX. Makes any representation that an existing obligation will definitely be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when the award of such fee or charge is discretionary by a court of law; or

X. Collects or attempts to collect any interest or other charge, fee or expense incidental to the principal obligation unless such interest or incidental fee, charge or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor; provided that the foregoing shall not prohibit a debt collector from attempting to collect court costs in a judicial proceeding; or

XI. Threatens that nonpayment of a debt will result in the arrest of any person or the seizure, garnishment, attachment or sale of any property or wages without indicating, when a court order is a legal prerequisite to any such action; that

(a) There must be a court order in effect permitting such action; and, where applicable,

(b) That the debtor will have an opportunity to appear in court to contest such action prior to any such court order being effective; or

XII. Threatens to assign or sell to another the account of or claim against the debtor with an attending representation or implication that the result of any such sale or assignment would be that the debtor would lose any defense to the debt or would be subjected to harsh, vindictive or abusive collection attempts.

.

N.H. Rev. Stat. Ann. § 358-D:1 Definitions. As used in this chapter:

I. "Motor vehicle repair facility'' means any person who performs services or repair work on any motor vehicle.

II. "Motor vehicle'' means any vehicle defined by RSA 259:60, I except "motor trucks,'' "motorcycles'' and "motor-driven cycles'' as defined by RSA 259.

III. "Person'' means any person defined by RSA 358-A:1, I.

IV. "Customer'' means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.
N.H. Rev. Stat. Ann. § 358-D:1 Definitions. As used in this chapter:

I. "Motor vehicle repair facility'' means any person who performs services or repair work on any motor vehicle.

II. "Motor vehicle'' means any vehicle defined by RSA 259:60, I except "motor trucks,'' "motorcycles'' and "motor-driven cycles'' as defined by RSA 259.

III. "Person'' means any person defined by RSA 358-A:1, I.

IV. "Customer'' means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.

.

N.H. Rev. Stat. Ann. § 358-D:2 When Written Estimate Required. Upon the request of any customer, a motor vehicle repair facility shall provide a written estimate to the customer in advance of performing any service or repair work. The written estimate shall contain:

I. An itemization of the service or repair work to be performed;

II. An estimated price for labor and parts necessary to complete the work; and

III. An estimated completion date.
N.H. Rev. Stat. Ann. § 358-D:2 When Written Estimate Required. Upon the request of any customer, a motor vehicle repair facility shall provide a written estimate to the customer in advance of performing any service or repair work. The written estimate shall contain:

I. An itemization of the service or repair work to be performed;

II. An estimated price for labor and parts necessary to complete the work; and

III. An estimated completion date.

.

N.H. Rev. Stat. Ann. § 358-D:3 Authorization to Proceed. A motor vehicle repair facility shall not perform any service or repair work set forth in the written estimate unless it receives the written permission of the customer to proceed; provided, however, that if it is impracticable to give the customer a written estimate or obtain his written permission to proceed, the motor vehicle repair facility may orally advise the customer of the items contained in the written estimate and obtain his oral permission to proceed.N.H. Rev. Stat. Ann. § 358-D:3 Authorization to Proceed. A motor vehicle repair facility shall not perform any service or repair work set forth in the written estimate unless it receives the written permission of the customer to proceed; provided, however, that if it is impracticable to give the customer a written estimate or obtain his written permission to proceed, the motor vehicle repair facility may orally advise the customer of the items contained in the written estimate and obtain his oral permission to proceed.

.

N.H. Rev. Stat. Ann. § 358-D:4 Additional Service or Repair Work. If additional service or repair work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a motor vehicle repair facility shall notify the customer of the estimated cost of such additional work and receive his written or oral permission to proceed before performing the work.N.H. Rev. Stat. Ann. § 358-D:4 Additional Service or Repair Work. If additional service or repair work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a motor vehicle repair facility shall notify the customer of the estimated cost of such additional work and receive his written or oral permission to proceed before performing the work.

.

N.H. Rev. Stat. Ann. § 358-D:5 Effect of Exceeding the Estimate. Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount which exceeds the estimate by 10 percent without his written consent.N.H. Rev. Stat. Ann. § 358-D:5 Effect of Exceeding the Estimate. Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount which exceeds the estimate by 10 percent without his written consent.

.

N.H. Rev. Stat. Ann. § 358-D:6 Service or Repair Delay. A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by:

I. An act of God;

II. Strike;

III. Unexpected illness;

IV. Unexpected shortage of labor or parts; or

V. Unavailability of customer to give permission to perform additional service or repair work.
N.H. Rev. Stat. Ann. § 358-D:6 Service or Repair Delay. A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by:

I. An act of God;

II. Strike;

III. Unexpected illness;

IV. Unexpected shortage of labor or parts; or

V. Unavailability of customer to give permission to perform additional service or repair work.

.

N.H. Rev. Stat. Ann. § 358-D:7 When Written Estimate Not Required. A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.N.H. Rev. Stat. Ann. § 358-D:7 When Written Estimate Not Required. A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.

.

N.H. Rev. Stat. Ann. § 358-D:8 Service or Repair Work Where Estimate Not Requested. Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.N.H. Rev. Stat. Ann. § 358-D:8 Service or Repair Work Where Estimate Not Requested. Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.

.

N.H. Rev. Stat. Ann. § 358-D:9 Return of Replaced Parts. With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.N.H. Rev. Stat. Ann. § 358-D:9 Return of Replaced Parts. With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.

.

N.H. Rev. Stat. Ann. § 358-D:10 Required Work Invoice. I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:

(a) All work that the motor vehicle repair facility has performed;

(b) All work that any subcontractor has performed;

(c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and

(d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.

II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.

III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.

IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.

V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.
N.H. Rev. Stat. Ann. § 358-D:10 Required Work Invoice. I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:

(a) All work that the motor vehicle repair facility has performed;

(b) All work that any subcontractor has performed;

(c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and

(d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.

II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.

III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.

IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.

V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.

.

N.H. Rev. Stat. Ann. § 358-F:1 Definitions. As used in this chapter:

I. "Customer'' means any person who is seeking to purchase, is purchasing, or has purchased a used motor vehicle at retail.

II. "Dealer'' means any person who is engaged in the business of selling at retail used motor vehicles.

III. "Person'' means any person defined by RSA 358-A:1, I.

IV. "Used motor vehicle'' means any motor vehicle as defined by RSA 259:60, I, which has been previously leased, rented or sold at retail.
N.H. Rev. Stat. Ann. § 358-F:1 Definitions. As used in this chapter:

I. "Customer'' means any person who is seeking to purchase, is purchasing, or has purchased a used motor vehicle at retail.

II. "Dealer'' means any person who is engaged in the business of selling at retail used motor vehicles.

III. "Person'' means any person defined by RSA 358-A:1, I.

IV. "Used motor vehicle'' means any motor vehicle as defined by RSA 259:60, I, which has been previously leased, rented or sold at retail.

.

N.H. Rev. Stat. Ann. § 358-F:2 Inspection. Before selling to any customer any used motor vehicle which is unsafe for operation upon the highways pursuant to RSA 266:8, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states:

This motor vehicle will not pass a New Hampshire inspection and is unsafe for operation. The following defects must be corrected before an inspection sticker will be issued. The dealer shall list all inspection defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection.
N.H. Rev. Stat. Ann. § 358-F:2 Inspection. Before selling to any customer any used motor vehicle which is unsafe for operation upon the highways pursuant to RSA 266:8, the dealer shall, upon the request of the customer, conduct or have conducted a safety inspection of such vehicle. If the vehicle is found to be unsafe for operation, the dealer may sell the vehicle to the customer without correcting the defects, but only if the dealer presents to the customer at the time of sale a notice which states:

This motor vehicle will not pass a New Hampshire inspection and is unsafe for operation. The following defects must be corrected before an inspection sticker will be issued. The dealer shall list all inspection defects under this statement and specify the date on which the inspection was conducted and the person who performed the inspection. The dealer may make a reasonable charge for conducting the inspection.

.

N.H. Rev. Stat. Ann. § 358-G:1 Definitions. As used in this chapter:

I. "Auction'' means the public sale of property real or personal, or both, in which the sale price of the property offered is increased by bids until the highest acceptable bidder becomes the purchaser, pursuant to RSA 311-B.

II. "Collusive bidding'' means a practice whereby the auctioneer, the seller, or anyone acting on behalf of the auctioneer or seller, causes, employs any person to engage in, or knowingly allows, fictitious bidding during an auction for the purpose of bidding up the price of any goods in competition with bona fide bidders, or for the purpose of encouraging or enticing bona fide bidders to purchase, or for the purpose of stimulating competitive bidding to purchase. Collusive bidding shall include any use of false bidders, cappers, shills, or by-bidders.

III. "Person'' means any person defined by RSA 358-A:1, I.
N.H. Rev. Stat. Ann. § 358-G:1 Definitions. As used in this chapter:

I. "Auction'' means the sale of real or personal property, or both, in which the sale price of the property offered is increased by competitive bids until the highest accepted bidder becomes the purchaser, pursuant to RSA 311-B.

II. "Collusive bidding'' means a practice whereby the auctioneer, the seller, or anyone acting on behalf of the auctioneer or seller, causes, employs any person to engage in, or knowingly allows, fictitious bidding during an auction for the purpose of bidding up the price of any goods in competition with bona fide bidders, or for the purpose of encouraging or enticing bona fide bidders to purchase, or for the purpose of stimulating competitive bidding to purchase. Collusive bidding shall include any use of false bidders, cappers, shills, or by-bidders.

III. "Person'' means any person defined by RSA 358-A:1, I.

.

N.H. Rev. Stat. Ann. § 358-G:2 General Prohibitions. I. No person shall advertise as an auction the sale of property unless such advertised sale is conducted pursuant to RSA 311-B.

II. No person shall enter into and participate in collusive bidding practices.
N.H. Rev. Stat. Ann. § 358-G:2 General Prohibitions. I. No person shall advertise as an auction the sale of property unless such advertised sale is conducted pursuant to RSA 311-B.

II. No person shall enter into and participate in collusive bidding practices.

.

N.H. Rev. Stat. Ann. § 358-G:2-a Disclosure Required. If a buyer's premium is to be charged at any auction held in this state, any advertisement for such auction shall state clearly that a buyer's premium will be charged. In addition, a notice disclosing that a buyer's premium will be charged shall also be posted conspicuously at the site of the auction. N.H. Rev. Stat. Ann. § 358-G:2-a Disclosure Required. If a buyer's premium is to be charged at any auction held in this state, any advertisement for such auction shall state clearly that a buyer's premium will be charged. In addition, a notice disclosing that a buyer's premium will be charged shall also be posted conspicuously at the site of the auction.

.

N.H. Rev. Stat. Ann. § 358-I:1 Definitions. As used in this chapter:

I. "Contract'' means a monthly contract or a term contract:

(a) "Monthly contract'' means any contract where services are paid on a monthly basis.

(b) "Term contract'' means any contract where services are paid for in advance for a period of time greater than one month.

II. [Repealed.]

III. "Facilities'' means equipment, physical structures, and other tangible property utilized by a health club to conduct its business. The term includes, but is not limited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas, and exercise equipment.

IV. "Health club'' means an establishment which provides services or facilities which purport to improve or maintain the user's physical condition or appearance through weight control, exercise, dieting, or a combination of these. The term includes, but is not limited to, establishments referred to by such terms as reducing salon, spa, exercise club, exercise gym, health studio, health club, weight control center, or other similar term. As used in this chapter, the term "health club'' shall not include, and this chapter shall not apply to services rendered by:

(a) Any nonprofit public or private school, college, or university;

(b) The state, or any of its political subdivisions;

(c) Any nonprofit religious, ethnic, community, or service organization; or

(d) Any establishment which does not have as one of its primary purposes or businesses the provision of health club services or facilities. IV-a. "Initiation fee'' means any sum of money received at the initiation of a membership for the incurred costs including but not limited to advertising, administration, commissions, and orientation.

V. "Member'' or "buyer'' means a natural person who enters into a health club contract or attains a status entitling him to the services or facilities of a health club.

VI. "Prepayment'' means any payment for services or the use of facilities made before the services or facilities are made available by the health club. 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 health club 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 health club as defined in this section, and who offers for sale the right to use the facilities or the services of the health club.

VIII. "Services'' means programs, plans, guidance, or instruction provided by a health club for health club members. The term includes, but is not limited to, diet planning, exercise instruction, exercise programs, and instructional classes.

IX. "Special offer or discount'' means any offer of health club services or the use of health club facilities at a reduced price or without charge to the member or prospective member.
N.H. Rev. Stat. Ann. § 358-I:1 Definitions. As used in this chapter:

I. "Contract'' means a monthly contract or a term contract:

(a) "Monthly contract'' means any contract where services are paid on a monthly basis.

(b) "Term contract'' means any contract where services are paid for in advance for a period of time greater than one month.

II. [Repealed.]

III. "Facilities'' means equipment, physical structures, and other tangible property utilized by a health club to conduct its business. The term includes, but is not limited to, saunas, whirlpool baths, gymnasiums, running tracks, swimming pools, shower areas, and exercise equipment.

IV. "Health club'' means an establishment which provides services or facilities which purport to improve or maintain the user's physical condition or appearance through weight control, exercise, dieting, or a combination of these. The term includes, but is not limited to, establishments referred to by such terms as reducing salon, spa, exercise club, exercise gym, health studio, health club, weight control center, or other similar term. As used in this chapter, the term "health club'' shall not include, and this chapter shall not apply to services rendered by:

(a) Any nonprofit public or private school, college, or university;

(b) The state, or any of its political subdivisions;

(c) Any nonprofit religious, ethnic, community, or service organization; or

(d) Any establishment which does not have as one of its primary purposes or businesses the provision of health club services or facilities. IV-a. "Initiation fee'' means any sum of money received at the initiation of a membership for the incurred costs including but not limited to advertising, administration, commissions, and orientation.

V. "Member'' or "buyer'' means a natural person who enters into a health club contract or attains a status entitling him to the services or facilities of a health club.

VI. "Prepayment'' means any payment for services or the use of facilities made before the services or facilities are made available by the health club. 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 health club 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 health club as defined in this section, and who offers for sale the right to use the facilities or the services of the health club.

VIII. "Services'' means programs, plans, guidance, or instruction provided by a health club for health club members. The term includes, but is not limited to, diet planning, exercise instruction, exercise programs, and instructional classes.

IX. "Special offer or discount'' means any offer of health club services or the use of health club facilities at a reduced price or without charge to the member or prospective member.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 358-K:1 Definitions. In this chapter:

I. "Actuarial method'' means the method of allocating payments made on a debt between the unpaid principal balance and the interest and other charges pursuant to which a payment is applied first to the interest and other charges due and any remainder is subtracted from the unpaid principal balance.

II. "Closed-end consumer credit transaction'' means a consumer credit transaction other than one pursuant to open-end credit.

III. "Consumer'' means the buyer or debtor other than an organization to whom credit is extended in a consumer credit transaction.

IV. "Consumer credit sale'' means a sale of goods or services in which the seller is a creditor, the buyer is a consumer, the goods or services are purchased primarily for a personal, family or household purpose, and the debt is payable in installments or an interest or other charge is made.

V. "Consumer credit transaction'' means a consumer credit sale or a consumer loan.

VI. "Consumer loan'' means a loan made by a creditor to a debtor when the debt is incurred primarily for a personal, family or household purpose and when the debt is payable in installments or an interest or other charge is made.

VII. "Credit'' means the right to defer payments of debt or to incur debt and defer its payment.

VIII. "Creditor'' means a person who regularly extends credit that is subject to an interest or other charge or is payable, by written agreement, in more than 4 installments.

IX. "Goods'' means any tangible goods, including manufactured housing as defined in RSA 674:31, which are used or bought primarily for a personal, family or household purpose. The term includes goods which are to become fixtures or which are to become incorporated into a structure. Goods shall not include money or choses in action or other intangible property.

X. "Precomputed consumer credit transaction'' means a consumer credit transaction in which the debt is a sum comprising the amount of the credit or loan and the amount of the interest and other charges computed in advance.

XI. "Open-end credit'' means an arrangement pursuant to which:

(a) A creditor may permit a consumer, from time to time, to purchase on credit from the creditor or pursuant to a credit card, or to obtain loans from the creditor or pursuant to a credit card;

(b) The amounts financed and the interest and other appropriate charges are debited to an account;

(c) The interest and other charges, if made, are computed on the account periodically; and

(d) Either the consumer has the privilege of paying in full or in installments or the creditor periodically imposes charges computed on the account for delaying payment and permits the consumer to continue to purchase on credit.

XII. "Interest'' means the price charged for money loaned or debt deferred, and shall not include other charges as defined in paragraph XIII.

XIII. "Other charges'' or "other charge,'' notwithstanding any other law to the contrary, means any cost or charge, other than interest as defined in paragraph XII, including but not limited to origination fees, loan discount, transaction costs, buydown funds, or other fees, including late fees, or assessments, whether or not expressed as a percentage of the amount of the loan or debt, payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit.
N.H. Rev. Stat. Ann. § 358-K:1 Definitions. In this chapter:

I. "Actuarial method'' means the method of allocating payments made on a debt between the unpaid principal balance and the interest and other charges pursuant to which a payment is applied first to the interest and other charges due and any remainder is subtracted from the unpaid principal balance.

II. "Closed-end consumer credit transaction'' means a consumer credit transaction other than one pursuant to open-end credit.

III. "Consumer'' means the buyer or debtor other than an organization to whom credit is extended in a consumer credit transaction.

IV. "Consumer credit sale'' means a sale of goods or services in which the seller is a creditor, the buyer is a consumer, the goods or services are purchased primarily for a personal, family or household purpose, and the debt is payable in installments or an interest or other charge is made.

V. "Consumer credit transaction'' means a consumer credit sale or a consumer loan.

VI. "Consumer loan'' means a loan made by a creditor to a debtor when the debt is incurred primarily for a personal, family or household purpose and when the debt is payable in installments or an interest or other charge is made.

VII. "Credit'' means the right to defer payments of debt or to incur debt and defer its payment.

VIII. "Creditor'' means a person who regularly extends credit that is subject to an interest or other charge or is payable, by written agreement, in more than 4 installments.

IX. "Goods'' means any tangible goods, including manufactured housing as defined in RSA 674:31, which are used or bought primarily for a personal, family or household purpose. The term includes goods which are to become fixtures or which are to become incorporated into a structure. Goods shall not include money or choses in action or other intangible property.

X. "Precomputed consumer credit transaction'' means a consumer credit transaction in which the debt is a sum comprising the amount of the credit or loan and the amount of the interest and other charges computed in advance.

XI. "Open-end credit'' means an arrangement pursuant to which:

(a) A creditor may permit a consumer, from time to time, to purchase on credit from the creditor or pursuant to a credit card, or to obtain loans from the creditor or pursuant to a credit card;

(b) The amounts financed and the interest and other appropriate charges are debited to an account;

(c) The interest and other charges, if made, are computed on the account periodically; and

(d) Either the consumer has the privilege of paying in full or in installments or the creditor periodically imposes charges computed on the account for delaying payment and permits the consumer to continue to purchase on credit.

XII. "Interest'' means the price charged for money loaned or debt deferred, and shall not include other charges as defined in paragraph XIII.

XIII. "Other charges'' or "other charge,'' notwithstanding any other law to the contrary, means any cost or charge, other than interest as defined in paragraph XII, including but not limited to origination fees, loan discount, transaction costs, buydown funds, or other fees, including late fees, or assessments, whether or not expressed as a percentage of the amount of the loan or debt, payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit.

.

N.H. Rev. Stat. Ann. § 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 shall 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.
N.H. Rev. Stat. Ann. § 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 shall 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 358-N:4 Exemption. This chapter shall not apply to scheduled airlines.N.H. Rev. Stat. Ann. § 358-N:4 Exemption. This chapter shall not apply to scheduled airlines.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 358-O:4 Representation of Eligibility to Win or to Receive a Prize, Gift or Item of Value. I. No person shall, in connection with the sale or lease or solicitation for sale or lease of goods, property or service, represent that another person has a chance to win or to receive a prize, gift or item of value without clearly and conspicuously disclosing on whose behalf the contest or promotion is conducted, as well as all material conditions which a participant must satisfy. In an oral solicitation all material conditions shall be disclosed prior to requesting the consumer to enter into the sale or lease. Additionally, in any written material covered by this section, each of the following shall be clearly and prominently disclosed:

(a) Immediately adjacent to the first identification of the prize, gift or item of value to which it relates; or

(b) In a separate section entitled "Consumer Disclosure'' which title shall be printed in no less than 10-point bold face type and which section shall contain only a description of the prize, gift or item of value and the disclosures outlined in subparagraphs (1), (2) and (3):

(1) The actual retail value of each item or prize, which for purposes of this section shall be:

(i) the price at which substantial sales of the item were made in the area in which the offer was received within the last 90 days; or

(ii) the actual cost of the item of value, gift or prize to the person on whose behalf the contest or promotion is conducted plus no more than 700 percent, but in no case shall it exceed such person's good faith estimate of the appraised retail value;

(2) The actual number of each item, gift or prize to be awarded; and

(3) The odds of receiving each item, gift or prize.

II. All disclosures required by this chapter to be in writing shall comply with the following:

(a) All dollar values shall be stated in arabic numerals and be preceded by a dollar sign ($).

(b) The number of each item, gift or prize to be awarded and the odds of receiving each item, gift or prize shall be stated in arabic numerals and shall be written in a manner which is clear and understandable.

III. It shall be unlawful to notify a person that such person will receive a gift, prize or item of value that has as a condition of receiving the gift, prize or item of value the requirement that such person pay any money, or purchase, lease or rent any goods or services, unless there shall have been clearly and conspicuously disclosed the nature of the charges to be incurred, including, but not limited to, any shipping charge and handling charges and charges incurred through the use of 900 number telephone calls. Such disclosure shall be given:

(a) On the face of any written materials; or

(b) Prior to requesting or inviting the person to enter into the sale or lease in any oral notification.

IV. The provisions of this section shall not apply where to be eligible:

(a) Participants are asked only to complete and mail, or deposit at a local retail commercial establishment, an entry blank obtainable locally or by mail, or to call in their entry by telephone. If, however, the participant may enter such contest by either dialing a 900 number or completing a written entry, such written entry requirements shall be as conspicuously noted as those requiring the use of the 900 number.

(b) Participants are never required to listen to a sales presentation and never requested or required to pay any sum of money for any merchandise, service or item of value.

V. Nothing in this section shall create any liability for acts by the publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, telecommunications corporation, cable-television system or other advertising medium arising out of the publication or dissemination of any advertisement or promotion governed by this section, when the publisher, owner, agent or employee did not know that the advertisement or promotion violated the requirements of this section.
N.H. Rev. Stat. Ann. § 358-O:4 Representation of Eligibility to Win or to Receive a Prize, Gift or Item of Value. I. No person shall, in connection with the sale or lease or solicitation for sale or lease of goods, property or service, represent that another person has a chance to win or to receive a prize, gift or item of value without clearly and conspicuously disclosing on whose behalf the contest or promotion is conducted, as well as all material conditions which a participant must satisfy. In an oral solicitation all material conditions shall be disclosed prior to requesting the consumer to enter into the sale or lease. Additionally, in any written material covered by this section, each of the following shall be clearly and prominently disclosed:

(a) Immediately adjacent to the first identification of the prize, gift or item of value to which it relates; or

(b) In a separate section entitled "Consumer Disclosure'' which title shall be printed in no less than 10-point bold face type and which section shall contain only a description of the prize, gift or item of value and the disclosures outlined in subparagraphs (1), (2) and (3):

(1) The actual retail value of each item or prize, which for purposes of this section shall be:

(i) the price at which substantial sales of the item were made in the area in which the offer was received within the last 90 days; or

(ii) the actual cost of the item of value, gift or prize to the person on whose behalf the contest or promotion is conducted plus no more than 700 percent, but in no case shall it exceed such person's good faith estimate of the appraised retail value;

(2) The actual number of each item, gift or prize to be awarded; and

(3) The odds of receiving each item, gift or prize.

II. All disclosures required by this chapter to be in writing shall comply with the following:

(a) All dollar values shall be stated in arabic numerals and be preceded by a dollar sign ($).

(b) The number of each item, gift or prize to be awarded and the odds of receiving each item, gift or prize shall be stated in arabic numerals and shall be written in a manner which is clear and understandable.

III. It shall be unlawful to notify a person that such person will receive a gift, prize or item of value that has as a condition of receiving the gift, prize or item of value the requirement that such person pay any money, or purchase, lease or rent any goods or services, unless there shall have been clearly and conspicuously disclosed the nature of the charges to be incurred, including, but not limited to, any shipping charge and handling charges and charges incurred through the use of 900 number telephone calls. Such disclosure shall be given:

(a) On the face of any written materials; or

(b) Prior to requesting or inviting the person to enter into the sale or lease in any oral notification.

IV. The provisions of this section shall not apply where to be eligible:

(a) Participants are asked only to complete and mail, or deposit at a local retail commercial establishment, an entry blank obtainable locally or by mail, or to call in their entry by telephone. If, however, the participant may enter such contest by either dialing a 900 number or completing a written entry, such written entry requirements shall be as conspicuously noted as those requiring the use of the 900 number.

(b) Participants are never required to listen to a sales presentation and never requested or required to pay any sum of money for any merchandise, service or item of value.

V. Nothing in this section shall create any liability for acts by the publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, telecommunications corporation, cable-television system or other advertising medium arising out of the publication or dissemination of any advertisement or promotion governed by this section, when the publisher, owner, agent or employee did not know that the advertisement or promotion violated the requirements of this section.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 359-B:3 Definitions and Rules of Construction. I. Definitions and rules of construction set forth in this section are applicable for the purposes of this chapter.

II. The term "person'' means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

III. The term "consumer'' means an individual.

IV. The term "consumer report'' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under RSA 359-B:4. The term does not include (1) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (2) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (3) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under RSA 359-B:15.

V. The term "investigative consumer report'' means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

VI. The term "consumer reporting agency'' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

VII. The term "file'', when used in connection with information on any consumer, means all of the information on that consumer recorded, and retained by a consumer reporting agency regardless of how the information is stored.

VIII. The term "employment purposes'', when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

IX. The term "medical information'' means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

X. "Firm offer of credit'' means any offer of credit to a consumer which will be honored if, based on information in a consumer report on the consumer and other information bearing on the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for the offer.

XI. "Pre-screening'' means a process by which a consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides this list to the client or third party on behalf of the client for the purpose of making a firm offer of credit.

XII. "Direct solicitation'' means the process by which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides the list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of a product or service.
N.H. Rev. Stat. Ann. § 359-B:3 Definitions and Rules of Construction. I. Definitions and rules of construction set forth in this section are applicable for the purposes of this chapter.

II. The term "person'' means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

III. The term "consumer'' means an individual.

IV. The term "consumer report'' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under RSA 359-B:4. The term does not include (1) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (2) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (3) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under RSA 359-B:15.

V. The term "investigative consumer report'' means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

VI. The term "consumer reporting agency'' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

VII. The term "file'', when used in connection with information on any consumer, means all of the information on that consumer recorded, and retained by a consumer reporting agency regardless of how the information is stored.

VIII. The term "employment purposes'', when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

IX. The term "medical information'' means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

X. "Firm offer of credit'' means any offer of credit to a consumer which will be honored if, based on information in a consumer report on the consumer and other information bearing on the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for the offer.

XI. "Pre-screening'' means a process by which a consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides this list to the client or third party on behalf of the client for the purpose of making a firm offer of credit.

XII. "Direct solicitation'' means the process by which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides the list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of a product or service.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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. N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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. N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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. N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 359-B:24 Security Freeze by Consumer Reporting Agency; Time in Effect. I. A consumer may place a security freeze on his or her consumer report as follows:

(a) A consumer who has been the victim of identity theft may place a security freeze on his or her consumer report by making a request in writing, by certified mail to a consumer reporting agency with a valid copy of the police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of personal information by another person. In the case of a victim of identity theft, a consumer reporting agency shall not charge a fee for placing, removing, or temporarily lifting for a specific party or period of time a security freeze on a consumer report.

(b) A consumer who has not been the victim of identity theft may place a security freeze on his or her consumer report by making a request in writing, by certified mail to a consumer reporting agency. A consumer reporting agency may charge a fee of no more than $10 to a consumer for each freeze, removal of a freeze, or temporary lift of a freeze for a period of time or specific party or for reissuing the same or a new personal identification number if the consumer fails to retain the original personal identification number provided by the agency.

II. Subject to the exceptions in paragraph XIII, when a security freeze has been placed on a consumer report, the consumer reporting agency shall not release the consumer report or any information from it without the express authorization of the consumer. This subparagraph shall not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report.

III. A consumer reporting agency shall place a security freeze on a consumer report no later than 5 business days after receiving a written request from the consumer.

IV. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days after placing the security freeze and shall provide the consumer with a personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of a consumer report to a specific party or for a period of time.

V. If the consumer wishes to allow access to the consumer report by a specific party or for a certain period of time while a freeze is in place, the consumer may contact the consumer reporting agency, request that the freeze be temporarily lifted, and provide each of the following:

(a) Proper identification.

(b) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph IV.

(c) The proper information regarding the specific party granted access or the time period for which the report is to be available to users.

(d) Payment of the applicable fee, if any, pursuant to subparagraph I(b).

VI. A consumer reporting agency may develop procedures involving use of phone, fax, internet, or other electronic media to receive and process requests.

VII. A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a consumer report pursuant to paragraph V shall comply with the request no later than 3 business days after receiving the request.

VIII. A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer report only:

(a) Upon consumer request, pursuant to paragraph V or XI; or

(b) If the consumer report was frozen due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer report pursuant to this subparagraph, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report.

IX. If a third party requests access to a consumer report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow access to the consumer report for that specific party or period of time, the third party may treat the application as incomplete.

X. If a consumer requests a security freeze pursuant to this section, the consumer reporting agency shall disclose to the consumer the processes of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer report for a specific party or period of time while the security freeze is in place.

XI. A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from a consumer who provides:

(a) Proper identification.

(b) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph IV.

(c) Payment of the applicable fee, if any, pursuant to subparagraph I(b).

XII. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze. XIII. This section, including the security freeze, shall not apply to the use of a consumer report by the following:

(a) A person or person's subsidiary, affiliate, agent, or assignee with which the consumer has or, prior to assignment, had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt or extending credit to a consumer with a prior or existing account, contract, or debtor-creditor relationship, subject to the requirements of RSA 359-B:4. For purposes of this subparagraph, "reviewing the account'' includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

(b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under paragraph V for the purpose of facilitating the extension of credit or another permissible use.

(c) A person acting pursuant to a court order, warrant, or subpoena.

(d) Child support enforcement officials when investigating a child support case pursuant to Title IV-D of the Social Security Act.

(e) The department of health and human services, the department of justice, or any of their agents or assignees, acting to investigate Medicaid fraud.

(f) The department of revenue administration, municipal taxing authorities, the secretary of state, the division of motor vehicles in the department of safety, or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or charter responsibilities.

(g) A person's use of credit information for prescreening as provided by the federal Fair Credit Reporting Act.

(h) A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.

(i) Any person or entity, including but not limited to a consumer reporting agency, for the purpose of providing a consumer with a copy of his or her consumer report or credit score upon the consumer's request.

(j) Any person or entity for use in setting or adjusting an insurance rate or claim or underwriting for insurance purposes.
N.H. Rev. Stat. Ann. § 359-B:24 Security Freeze by Consumer Reporting Agency; Time in Effect. I. A consumer may place a security freeze on his or her consumer report as follows:

(a) A consumer who has been the victim of identity theft may place a security freeze on his or her consumer report by making a request in writing, by certified mail to a consumer reporting agency with a valid copy of the police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of personal information by another person. In the case of a victim of identity theft, a consumer reporting agency shall not charge a fee for placing, removing, or temporarily lifting for a specific party or period of time a security freeze on a consumer report.

(b) A consumer who has not been the victim of identity theft may place a security freeze on his or her consumer report by making a request in writing, by certified mail to a consumer reporting agency. A consumer reporting agency may charge a fee of no more than $10 to a consumer for each freeze, removal of a freeze, or temporary lift of a freeze for a period of time or specific party or for reissuing the same or a new personal identification number if the consumer fails to retain the original personal identification number provided by the agency.

II. Subject to the exceptions in paragraph XIII, when a security freeze has been placed on a consumer report, the consumer reporting agency shall not release the consumer report or any information from it without the express authorization of the consumer. This subparagraph shall not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report.

III. A consumer reporting agency shall place a security freeze on a consumer report no later than 5 business days after receiving a written request from the consumer.

IV. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days after placing the security freeze and shall provide the consumer with a personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of a consumer report to a specific party or for a period of time.

V. If the consumer wishes to allow access to the consumer report by a specific party or for a certain period of time while a freeze is in place, the consumer may contact the consumer reporting agency, request that the freeze be temporarily lifted, and provide each of the following:

(a) Proper identification.

(b) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph IV.

(c) The proper information regarding the specific party granted access or the time period for which the report is to be available to users.

(d) Payment of the applicable fee, if any, pursuant to subparagraph I(b).

VI. A consumer reporting agency may develop procedures involving use of phone, fax, internet, or other electronic media to receive and process requests.

VII. A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a consumer report pursuant to paragraph V shall comply with the request no later than 3 business days after receiving the request.

VIII. A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer report only:

(a) Upon consumer request, pursuant to paragraph V or XI; or

(b) If the consumer report was frozen due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer report pursuant to this subparagraph, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report.

IX. If a third party requests access to a consumer report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow access to the consumer report for that specific party or period of time, the third party may treat the application as incomplete.

X. If a consumer requests a security freeze pursuant to this section, the consumer reporting agency shall disclose to the consumer the processes of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer report for a specific party or period of time while the security freeze is in place.

XI. A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from a consumer who provides:

(a) Proper identification.

(b) The personal identification number or password provided by the consumer reporting agency pursuant to paragraph IV.

(c) Payment of the applicable fee, if any, pursuant to subparagraph I(b).

XII. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze. XIII. This section, including the security freeze, shall not apply to the use of a consumer report by the following:

(a) A person or person's subsidiary, affiliate, agent, or assignee with which the consumer has or, prior to assignment, had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt or extending credit to a consumer with a prior or existing account, contract, or debtor-creditor relationship, subject to the requirements of RSA 359-B:4. For purposes of this subparagraph, "reviewing the account'' includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

(b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under paragraph V for the purpose of facilitating the extension of credit or another permissible use.

(c) A person acting pursuant to a court order, warrant, or subpoena.

(d) Child support enforcement officials when investigating a child support case pursuant to Title IV-D of the Social Security Act.

(e) The department of health and human services, the department of justice, or any of their agents or assignees, acting to investigate Medicaid fraud.

(f) The department of revenue administration, municipal taxing authorities, the secretary of state, the division of motor vehicles in the department of safety, or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or charter responsibilities.

(g) A person's use of credit information for prescreening as provided by the federal Fair Credit Reporting Act.

(h) A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.

(i) Any person or entity, including but not limited to a consumer reporting agency, for the purpose of providing a consumer with a copy of his or her consumer report or credit score upon the consumer's request.

(j) Any person or entity for use in setting or adjusting an insurance rate or claim or underwriting for insurance purposes.

.

N.H. Rev. Stat. Ann. § 359-B:25 Duties of Consumer Reporting Agency if Security Freeze is in Effect. If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report without sending written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, and transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to the new address and the former address. N.H. Rev. Stat. Ann. § 359-B:25 Duties of Consumer Reporting Agency if Security Freeze is in Effect. If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report without sending written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, and transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to the new address and the former address.

.

N.H. Rev. Stat. Ann. § 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.
N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 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. N.H. Rev. Stat. Ann. § 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.

.

N.H. Rev. Stat. Ann. § 359-B:28 Consumer Report Files of Deceased Persons. I. An executor, administrator, or other person authorized to act on behalf of an estate of a deceased person may request that a consumer reporting agency indicate on the deceased person's consumer report that the person is deceased. The consumer reporting agency shall indicate on the deceased person's consumer report that the person is deceased within 5 business days of receipt of the following documentation from the executor, administrator, or other person authorized to act on behalf of the estate of the deceased person:

(a) A certificate of death, a certificate of appointment, letters testamentary, or other order from the probate court authorizing the executor, administrator, or other person to act on behalf of the estate of the deceased person; and

(b) A request to indicate on the deceased person's consumer report that the person is deceased.

II. The consumer reporting agency may remove the indication placed on the person's consumer report pursuant to paragraph I if the consumer reporting agency finds that the indication was placed on the person's consumer report through material misrepresentation of fact. If the consumer reporting agency intends to remove the indication pursuant to this section, the consumer reporting agency shall notify the person or the executor, administrator, or other person authorized to act on behalf of the estate in writing prior to removing the indication.
N.H. Rev. Stat. Ann. § 359-B:28 Consumer Report Files of Deceased Persons. I. An executor, administrator, or other person authorized to act on behalf of an estate of a deceased person may request that a consumer reporting agency indicate on the deceased person's consumer report that the person is deceased. The consumer reporting agency shall indicate on the deceased person's consumer report that the person is deceased within 5 business days of receipt of the following documentation from the executor, administrator, or other person authorized to act on behalf of the estate of the deceased person:

(a) A certificate of death, a certificate of appointment, letters testamentary, or other order from the probate court authorizing the executor, administrator, or other person to act on behalf of the estate of the deceased person; and

(b) A request to indicate on the deceased person's consumer report that the person is deceased.

II. The consumer reporting agency may remove the indication placed on the person's consumer report pursuant to paragraph I if the consumer reporting agency finds that the indication was placed on the person's consumer report through material misrepresentation of fact. If the consumer reporting agency intends to remove the indication pursuant to this section, the consumer reporting agency shall notify the person or the executor, administrator, or other person authorized to act on behalf of the estate in writing prior to removing the indication.

.

N.H. Rev. Stat. Ann. § 359-B:29 Police Report Regarding Identity Theft. I. A person who has learned or reasonably suspects that he or she has been the victim of identify theft may contact the local law enforcement agency that has jurisdiction over his or her place of residence, which shall take a police report of the matter, and provide the complainant with a copy of that report. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity fraud, the local law enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and may refer the complaint to a law enforcement agency in a different jurisdiction.

II. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes. A complaint filed under this section is not required to be counted as an open case for purposes such as compiling open case statistics.
N.H. Rev. Stat. Ann. § 359-B:29 Police Report Regarding Identity Theft. I. A person who has learned or reasonably suspects that he or she has been the victim of identify theft may contact the local law enforcement agency that has jurisdiction over his or her place of residence, which shall take a police report of the matter, and provide the complainant with a copy of that report. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity fraud, the local law enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and may refer the complaint to a law enforcement agency in a different jurisdiction.

II. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes. A complaint filed under this section is not required to be counted as an open case for purposes such as compiling open case statistics.

.

N.H. Rev. Stat. Ann. § 359-C:2 Purpose. The general court finds and declares as follows:

I. The confidential relationships between financial institutions and creditors and their respective customers are built on trust and must be preserved and protected.

II. The purpose of this chapter is to protect the confidential relationship between financial institutions and creditors and their respective customers.
N.H. Rev. Stat. Ann. § 359-C:2 Purpose. The general court finds and declares as follows:

I. The confidential relationships between financial institutions and creditors and their respective customers are built on trust and must be preserved and protected.

II. The purpose of this chapter is to protect the confidential relationship between financial institutions and creditors and their respective customers.

.

N.H. Rev. Stat. Ann. § 359-C:3 Definitions. In this chapter:

I. "Credit'' means any permission granted to any person to defer payment of any debt, or to incur any debt and defer payment of such debt.

II. "Creditor'' means any person who regularly extends, or arranges for the extension of, credit for which the payment of a finance charge is required, whether such credit is extended by means of any card, coupon book, or other device which may be used for the purpose of obtaining any money, property, labor, service, or other thing of value on credit, or by any other means.

III. "Credit record'' means any information held by any creditor concerning:

(a) Any person to whom such creditor extends any credit; or

(b) Any person seeking to obtain any credit from such creditor.

IV. "Customer'' means any person who has transacted business with or has used the services of a financial institution or a creditor, or for whom a financial institution has acted as a fiduciary, in relation to an account maintained in the person's name.

V. "Financial institution'' means:

(a) Any bank, trust company, savings and loan association, building and loan association, homestead association, or credit union which is organized under the laws of any state or of the United States; and

(b) Any other person organized under the banking laws of any state.

VI. "Financial record'' means any information held by any financial institution concerning:

(a) Any debit or credit to any deposit or share account with such financial institution; or

(b) Any person who maintains, or has maintained, any such account or who transacts, or has transacted, any other business with such financial institution.

VII. "Investigation'' includes, but is not limited to, any inquiry by a peace officer, sheriff, or county attorney or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability.

VIII. "Local agency'' includes a county; city; town; school district; municipal corporation; district; political subdivision or any board, commission or agency thereof; or other local public agency.

IX. (a) "Person'' means an individual, partnership, corporation, association, trust or other legal entity organized under the laws of this state.

(b) In the case of a partnership, corporation, association, trust or other legal entity, the term "person'' shall also mean:

(1) Any partner in a partnership, any director or officer of a corporation, any trustee of a trust, or any member of an association; or


(2) Any agent who is authorized to maintain an account or transact business with a financial institution on behalf of a partnership, corporation, association, trust or other legal entity organized under the laws of this state.

X. "State agency'' means every state office, officer, department, division, bureau, board, and commission or other state agency.

XI. "Supervisory agency'' means:

(a) Any authority of any state or of any political subdivision of any state which is required by law to examine or audit any financial record of any financial institution; and

(b) Any authority of any state or of any political subdivision of any state which the United States Secretary of the Treasury by regulation determines to be exercising supervisory functions over any financial institution which are substantially similar to those supervisory functions exercised by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the Office of Thrift Supervision, the National Credit Union Administration, the Federal Reserve Board, the Comptroller of the Currency or the Federal Communications Commission.
N.H. Rev. Stat. Ann. § 359-C:3 Definitions. In this chapter:

I. "Credit'' means any permission granted to any person to defer payment of any debt, or to incur any debt and defer payment of such debt.

II. "Creditor'' means any person who regularly extends, or arranges for the extension of, credit for which the payment of a finance charge is required, whether such credit is extended by means of any card, coupon book, or other device which may be used for the purpose of obtaining any money, property, labor, service, or other thing of value on credit, or by any other means.

III. "Credit record'' means any information held by any creditor concerning:

(a) Any person to whom such creditor extends any credit; or

(b) Any person seeking to obtain any credit from such creditor.

IV. "Customer'' means any person who has transacted business with or has used the services of a financial institution or a creditor, or for whom a financial institution has acted as a fiduciary, in relation to an account maintained in the person's name.

V. "Financial institution'' means:

(a) Any bank, trust company, savings and loan association, building and loan association, homestead association, or credit union which is organized under the laws of any state or of the United States; and

(b) Any other person organized under the banking laws of any state.

VI. "Financial record'' means any information held by any financial institution concerning:

(a) Any debit or credit to any deposit or share account with such financial institution; or

(b) Any person who maintains, or has maintained, any such account or who transacts, or has transacted, any other business with such financial institution.

VII. "Investigation'' includes, but is not limited to, any inquiry by a peace officer, sheriff, or county attorney or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability.

VIII. "Local agency'' includes a county; city; town; school district; municipal corporation; district; political subdivision or any board, commission or agency thereof; or other local public agency.

IX. (a) "Person'' means an individual, partnership, corporation, association, trust or other legal entity organized under the laws of this state.

(b) In the case of a partnership, corporation, association, trust or other legal entity, the term "person'' shall also mean:

(1) Any partner in a partnership, any director or officer of a corporation, any trustee of a trust, or any member of an association; or


(2) Any agent who is authorized to maintain an account or transact business with a financial institution on behalf of a partnership, corporation, association, trust or other legal entity organized under the laws of this state.

X. "State agency'' means every state office, officer, department, division, bureau, board, and commission or other state agency.

XI. "Supervisory agency'' means:

(a) Any authority of any state or of any political subdivision of any state which is required by law to examine or audit any financial record of any financial institution; and

(b) Any authority of any state or of any political subdivision of any state which the United States Secretary of the Treasury by regulation determines to be exercising supervisory functions over any financial institution which are substantially similar to those supervisory functions exercised by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the Office of Thrift Supervision, the National Credit Union Administration, the Federal Reserve Board, the Comptroller of the Currency or the Federal Communications Commission.

.

N.H. Rev. Stat. Ann. § 359-C:4 Access to Records. I. Except as provided in RSA 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial or credit records of any customer from a financial institution or creditor unless the financial or credit records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and:

(a) Such customer has authorized such disclosure under RSA 359-C:7;

(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in RSA 359-C:8;

(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in RSA 359-C:9; or

(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to RSA 359-C:10.

II. [Repealed.]

III. Nothing in this section or in RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.

IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to RSA 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer's account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
N.H. Rev. Stat. Ann. § 359-C:4 Access to Records. I. Except as provided in RSA 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial or credit records of any customer from a financial institution or creditor unless the financial or credit records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and:

(a) Such customer has authorized such disclosure under RSA 359-C:7;

(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in RSA 359-C:8;

(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in RSA 359-C:9; or

(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to RSA 359-C:10.

II. [Repealed.]

III. Nothing in this section or in RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.

IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to RSA 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer's account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.

.

N.H. Rev. Stat. Ann. § 359-C:5 Disclosure of Records. I. Except in accordance with requirements of RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10, no financial institution or creditor, nor any director, officer, employee, or agent thereof may provide or authorize another to provide to an officer, employee or agent of a state or local agency or department thereof any financial, or credit records, copies thereof, or the information contained therein if the director, officer, employee or agent of the financial institution or creditor knows or has reasonable cause to believe that such financial or credit records or information are being requested in connection with a civil or criminal investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.

II. This section is not intended to prohibit disclosure of the financial or credit records of a customer or the information contained therein incidental to a transaction in the normal course of business of such financial institution or creditor if the director, officer, employee or agent thereof making or authorizing the disclosure has no reasonable cause to believe that the financial or credit records or the information contained in such records so disclosed will be used by a state or local agency or department thereof in connection with an investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings. II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or the attorney general, or either of their authorized designees, the financial or credit records of a customer or any other person, or the information contained therein when the director, officer, employee or agent of the financial institution has reasonable cause to believe the customer, or other person, is utilizing the services of the institution to defraud the institution or any other person.

III. A financial institution or creditor which refuses to disclose the financial or credit records of a customer, copies thereof or the information contained therein in reliance in good faith upon the prohibitions of RSA 359-C:5, I, shall not be liable to its customer, to a state or local agency or to any other person for any loss or damage caused in whole or in part by such refusal.
N.H. Rev. Stat. Ann. § 359-C:5 Disclosure of Records. I. Except in accordance with requirements of RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10, no financial institution or creditor, nor any director, officer, employee, or agent thereof may provide or authorize another to provide to an officer, employee or agent of a state or local agency or department thereof any financial, or credit records, copies thereof, or the information contained therein if the director, officer, employee or agent of the financial institution or creditor knows or has reasonable cause to believe that such financial or credit records or information are being requested in connection with a civil or criminal investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.

II. This section is not intended to prohibit disclosure of the financial or credit records of a customer or the information contained therein incidental to a transaction in the normal course of business of such financial institution or creditor if the director, officer, employee or agent thereof making or authorizing the disclosure has no reasonable cause to believe that the financial or credit records or the information contained in such records so disclosed will be used by a state or local agency or department thereof in connection with an investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings. II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or the attorney general, or either of their authorized designees, the financial or credit records of a customer or any other person, or the information contained therein when the director, officer, employee or agent of the financial institution has reasonable cause to believe the customer, or other person, is utilizing the services of the institution to defraud the institution or any other person.

III. A financial institution or creditor which refuses to disclose the financial or credit records of a customer, copies thereof or the information contained therein in reliance in good faith upon the prohibitions of RSA 359-C:5, I, shall not be liable to its customer, to a state or local agency or to any other person for any loss or damage caused in whole or in part by such refusal.

.

N.H. Rev. Stat. Ann. § 359-C:6 Use Restricted. Copies of financial or credit records or the information contained therein, including information supplied pursuant to RSA 359-C:11, II, which are obtained by any state agency, local agency or supervisory agency may not be:

I. Used or retained in any form for any purpose other than the specific statutory purposes for which the information was originally obtained; or

II. Provided to any other governmental department or agency or other person except where authorized by state law. If in the course of an investigation conducted pursuant to the provisions of this chapter, an officer, employee or agent of a state or local agency or department thereof discovers financial or credit records indicating a possible violation of law which such agency is without statutory authority to investigate or prosecute, the information in such financial or credit records shall be provided to the county attorney of the county in which such financial or credit records were examined or to the attorney general.
N.H. Rev. Stat. Ann. § 359-C:6 Use Restricted. Copies of financial or credit records or the information contained therein, including information supplied pursuant to RSA 359-C:11, II, which are obtained by any state agency, local agency or supervisory agency may not be:

I. Used or retained in any form for any purpose other than the specific statutory purposes for which the information was originally obtained; or

II. Provided to any other governmental department or agency or other person except where authorized by state law. If in the course of an investigation conducted pursuant to the provisions of this chapter, an officer, employee or agent of a state or local agency or department thereof discovers financial or credit records indicating a possible violation of law which such agency is without statutory authority to investigate or prosecute, the information in such financial or credit records shall be provided to the county attorney of the county in which such financial or credit records were examined or to the attorney general.

.

N.H. Rev. Stat. Ann. § 359-C:7 Customer Authorized Disclosure. I. A customer may authorize disclosure under RSA 359-C:4, I(a), if those seeking disclosure furnish to the financial institution or creditor a signed and dated statement by which the customer:

(a) Authorizes such disclosure for a period to be set forth in the authorization statement;

(b) Specifies the name of the agency or department to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained; and

(c) Identifies the financial or credit records which are authorized to be disclosed.

II. No such authorization shall be required as a condition of doing business with such financial institution or creditor.

III. Any officer, employee or agent of a state or local agency seeking customer authorization for disclosure of customer financial or credit records shall notify the customer that the customer has the right at any time to revoke such authorization, except where such authorization is required by statute.

IV. An agency or department examining the financial or credit records of a customer pursuant to this section shall notify the customer in writing within 30 days of such examination. Such notice shall specify the financial or credit records which were examined and the reason for such examination.
N.H. Rev. Stat. Ann. § 359-C:7 Customer Authorized Disclosure. I. A customer may authorize disclosure under RSA 359-C:4, I(a), if those seeking disclosure furnish to the financial institution or creditor a signed and dated statement by which the customer:

(a) Authorizes such disclosure for a period to be set forth in the authorization statement;

(b) Specifies the name of the agency or department to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained; and

(c) Identifies the financial or credit records which are authorized to be disclosed.

II. No such authorization shall be required as a condition of doing business with such financial institution or creditor.

III. Any officer, employee or agent of a state or local agency seeking customer authorization for disclosure of customer financial or credit records shall notify the customer that the customer has the right at any time to revoke such authorization, except where such authorization is required by statute.

IV. An agency or department examining the financial or credit records of a customer pursuant to this section shall notify the customer in writing within 30 days of such examination. Such notice shall specify the financial or credit records which were examined and the reason for such examination.

.

N.H. Rev. Stat. Ann. § 359-C:11 Exceptions. Nothing in this chapter prohibits any of the following:

I. The dissemination of any financial or credit information which is not identified with, or identifiable as being derived from, the financial or credit records of a particular customer.

II. When any police or sheriff's department or county attorney in this state certifies to a financial institution in writing that a crime report has been filed which involves the alleged fraudulent use of drafts, checks or other orders drawn upon any financial institution in this state, such police or sheriff's department or county attorney may request a financial institution to furnish, and a financial institution shall supply, a statement setting forth the following information with respect to a customer account specified by the police or sheriff's department or county attorney for a period of 30 days prior to and up to 30 days following the date of occurrence of the alleged illegal act involving the account:

(a) The number of items dishonored;

(b) The number of items paid which created overdrafts;

(c) The dollar volume of such dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the financial institution and customer to pay overdrafts;

(d) The dates and amounts of deposits and debits and the account balance on such dates;

(e) A copy of the signature appearing on a customer's signature card;

(f) Date account opened and, if applicable, date account closed.

III. Subject to the limitations in RSA 359-C:6, the examination by, or disclosure to, any supervisory agency of financial or credit records which relate solely to the exercise of its supervisory function. The scope of an agency's supervisory function shall be determined by reference to statutes which grant authority to examine, audit or require reports of financial or credit records of financial institutions or creditors.

IV. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the commissioner of the department of health and human services of the financial records of a person upon a request by the commissioner pursuant to RSA 161-C:3-a, I for the purpose of establishing, modifying, or enforcing an obligation to pay child support against such person.

V. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the department of health and human services of financial records requested by the commissioner or his or her authorized representative, pursuant to RSA 161-F:56, for the purpose of investigating a report of alleged abuse, neglect, or exploitation.
N.H. Rev. Stat. Ann. § 359-C:11 Exceptions. Nothing in this chapter prohibits any of the following:

I. The dissemination of any financial or credit information which is not identified with, or identifiable as being derived from, the financial or credit records of a particular customer.

II. When any police or sheriff's department or county attorney in this state certifies to a financial institution in writing that a crime report has been filed which involves the alleged fraudulent use of drafts, checks or other orders drawn upon any financial institution in this state, such police or sheriff's department or county attorney may request a financial institution to furnish, and a financial institution shall supply, a statement setting forth the following information with respect to a customer account specified by the police or sheriff's department or county attorney for a period of 30 days prior to and up to 30 days following the date of occurrence of the alleged illegal act involving the account:

(a) The number of items dishonored;

(b) The number of items paid which created overdrafts;

(c) The dollar volume of such dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the financial institution and customer to pay overdrafts;

(d) The dates and amounts of deposits and debits and the account balance on such dates;

(e) A copy of the signature appearing on a customer's signature card;

(f) Date account opened and, if applicable, date account closed.

III. Subject to the limitations in RSA 359-C:6, the examination by, or disclosure to, any supervisory agency of financial or credit records which relate solely to the exercise of its supervisory function. The scope of an agency's supervisory function shall be determined by reference to statutes which grant authority to examine, audit or require reports of financial or credit records of financial institutions or creditors.

IV. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the commissioner of the department of health and human services of the financial records of a person upon a request by the commissioner pursuant to RSA 161-C:3-a, I for the purpose of establishing, modifying, or enforcing an obligation to pay child support against such person or pursuant to RSA 167:4-a for purposes directly connected with the determination and verification of eligibility for medical assistance for applicants and recipients whose eligibility for medical assistance is based upon the applicant's or recipient's age, blindness, or disability.

V. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the department of health and human services of financial records requested by the commissioner or his or her authorized representative, pursuant to RSA 161-F:56, for the purpose of investigating a report of alleged abuse, neglect, or exploitation.

.

N.H. Rev. Stat. Ann. § 359-D:2 Definitions.In this chapter:

I. "Buyer'' means any natural person who is solicited to purchase or who purchases the services of a credit services organization.

II. (a) "Credit services organization'' means any person, who, with respect to the extension of consumer credit by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, a service for the express or implied purpose of:

(1) Improving a buyer's credit record, credit history, or credit rating.

(2) Obtaining an extension of consumer credit for a buyer.

(3) Providing advice or assistance to a buyer with regard to the buyer's credit record, credit history, or credit rating.

(b) "Credit services organization'' does not include:

(1) A depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board, or a depository institution chartered by this state.

(2) Any nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

(3) A real estate broker licensed by this state and acting within the course and scope of his license.

(4) An attorney licensed by this state or another state rendering services within the course and scope of that license.

(5) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of the regulations of these commissions.

(6) Any consumer reporting agency, as defined in RSA 359-B:3, VI, acting within the course and scope of that chapter.

(7) Any person authorized to make loans or extensions of credit under the laws of this state or the United States.

III. "Extension of credit'' means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

IV. "Person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
N.H. Rev. Stat. Ann. § 359-D:2 Definitions.In this chapter:

I. "Buyer'' means any natural person who is solicited to purchase or who purchases the services of a credit services organization.

II. (a) "Credit services organization'' means any person, who, with respect to the extension of consumer credit by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration, a service for the express or implied purpose of:

(1) Improving a buyer's credit record, credit history, or credit rating.

(2) Obtaining an extension of consumer credit for a buyer.

(3) Providing advice or assistance to a buyer with regard to the buyer's credit record, credit history, or credit rating.

(b) "Credit services organization'' does not include:

(1) A depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board, or a depository institution chartered by this state.

(2) Any nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

(3) A real estate broker licensed by this state and acting within the course and scope of his license.

(4) An attorney licensed by this state or another state rendering services within the course and scope of that license.

(5) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of the regulations of these commissions.

(6) Any consumer reporting agency, as defined in RSA 359-B:3, VI, acting within the course and scope of that chapter.

(7) Any person authorized to make loans or extensions of credit under the laws of this state or the United States.

III. "Extension of credit'' means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

IV. "Person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.

.

N.H. Rev. Stat. Ann. § 359-D:3 Prohibited Practices. A credit services organization, its salespersons, agents, and representatives, shall not:

I. Charge or receive any money or other valuable consideration prior to the full and complete performance of the services which the credit services organization has agreed to perform for the buyer, unless the credit services organization has, in conformity to RSA 359-D:8, either obtained a surety bond issued by a surety company admitted to do business in this state or established a trust account at a federally insured bank or savings and loan association located in this state. If a credit services organization is in compliance, the salespersons, agents, and representatives who sell the services of such organization shall not be required to obtain the surety bond or establish the trust account provided for by this chapter.

II. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.

III. Make, or counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise or reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's credit worthiness, credit standing, or credit capacity.

IV. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.
N.H. Rev. Stat. Ann. § 359-D:3 Prohibited Practices. A credit services organization, its salespersons, agents, and representatives, shall not:

I. Charge or receive any money or other valuable consideration prior to the full and complete performance of the services which the credit services organization has agreed to perform for the buyer, unless the credit services organization has, in conformity to RSA 359-D:8, either obtained a surety bond issued by a surety company admitted to do business in this state or established a trust account at a federally insured bank or savings and loan association located in this state. If a credit services organization is in compliance, the salespersons, agents, and representatives who sell the services of such organization shall not be required to obtain the surety bond or establish the trust account provided for by this chapter.

II. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.

III. Make, or counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise or reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's credit worthiness, credit standing, or credit capacity.

IV. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.

.

N.H. Rev. Stat. Ann. § 359-D:4 Information Statement Required. Prior to the execution of a contract or agreement between the buyer and a credit services organization or prior to the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer a statement in writing, containing all the information required by RSA 359-D:5. The credit services organization shall maintain on file or microfilm for a period of 2 years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.N.H. Rev. Stat. Ann. § 359-D:4 Information Statement Required. Prior to the execution of a contract or agreement between the buyer and a credit services organization or prior to the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer a statement in writing, containing all the information required by RSA 359-D:5. The credit services organization shall maintain on file or microfilm for a period of 2 years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.

.

N.H. Rev. Stat. Ann. § 359-D:5 Contents of Information Statement. The information statement shall include all of the following:

I. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by any consumer credit reporting agency, and the right of the buyer to receive a copy of that file. The statement shall include the statement that a copy of the buyer's file will be furnished free of charge by the consumer credit reporting agency if requested within 30 days of the buyer receiving notice of a denial of credit, and the approximate price the buyer will be charged by the credit reporting agency for a copy of the file.

II. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer credit reporting agency, as provided by RSA 359-D:6.

III. A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services.

IV. If the credit services organization is required to obtain a surety bond or establish a trust account according to RSA 359-D:3, I, the statement shall set forth both of the following:

(a) The buyer's right to proceed against the bond or trust account under the circumstances and in the manner set forth in RSA 359-D:8.

(b) The name and address of the surety company which issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.
N.H. Rev. Stat. Ann. § 359-D:5 Contents of Information Statement. The information statement shall include all of the following:

I. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by any consumer credit reporting agency, and the right of the buyer to receive a copy of that file. The statement shall include the statement that a copy of the buyer's file will be furnished free of charge by the consumer credit reporting agency if requested within 30 days of the buyer receiving notice of a denial of credit, and the approximate price the buyer will be charged by the credit reporting agency for a copy of the file.

II. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer credit reporting agency, as provided by RSA 359-D:6.

III. A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services.

IV. If the credit services organization is required to obtain a surety bond or establish a trust account according to RSA 359-D:3, I, the statement shall set forth both of the following:

(a) The buyer's right to proceed against the bond or trust account under the circumstances and in the manner set forth in RSA 359-D:8.

(b) The name and address of the surety company which issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.

.

N.H. Rev. Stat. Ann. § 359-D:6 Requirements for Contracts.I. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, and signed by the buyer, and shall include all of the following:

(a) A conspicuous statement in size equal to at least 10 point bold type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.''

(b) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person.

(c) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, the estimated date by which such services are to be performed, or estimated length of time for performing such services.

(d) The credit services organization's principal business address and the name and address of its agent, other than the secretary of state, in this state, authorized to receive service of process.

II. The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation,'' which shall be attached to the contract and easily detachable, and which shall contain in type of at least 10 point the following statement written in the same language as used in the contract: "Notice of Cancellation'' "You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed. "If you cancel, any payment made by you under this contract will be returned within 5 days following receipt by the seller of your cancellation notice. [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* "To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to ______________ at ______________________________ not later than (name of seller) (address of seller) (place midnight __________. (date) "I hereby cancel this transaction. __________ 1...+...10....+...20....+...30....+...40....+...50....+...60....+...7 ******************************************************************************* ******* This is piece 2. -- It begins at character 70 of table line 1. ******** ******************************************************************************* of business) ____________________ 70..+...80....+...90....+... ******************************************************************************* ******** This is piece 3. -- It begins at character 1 of table line 9. ******** ******************************************************************************* (date) 1...+...10....+...20....+...30....+...40....+...50....+...60....+.. ******************************************************************************* ******* This is piece 4. -- It begins at character 68 of table line 9. ******** ******************************************************************************* (purchaser's signature) 68.....+...80....+...90....+..

III. A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the buyer at the time they are signed.
N.H. Rev. Stat. Ann. § 359-D:6 Requirements for Contracts.I. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, and signed by the buyer, and shall include all of the following:

(a) A conspicuous statement in size equal to at least 10 point bold type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.''

(b) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person.

(c) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, the estimated date by which such services are to be performed, or estimated length of time for performing such services.

(d) The credit services organization's principal business address and the name and address of its agent, other than the secretary of state, in this state, authorized to receive service of process.

II. The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation,'' which shall be attached to the contract and easily detachable, and which shall contain in type of at least 10 point the following statement written in the same language as used in the contract: "Notice of Cancellation'' "You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed. "If you cancel, any payment made by you under this contract will be returned within 5 days following receipt by the seller of your cancellation notice. [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* "To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to ______________ at ______________________________ not later than (name of seller) (address of seller) (place midnight __________. (date) "I hereby cancel this transaction. __________ 1...+...10....+...20....+...30....+...40....+...50....+...60....+...7 ******************************************************************************* ******* This is piece 2. -- It begins at character 70 of table line 1. ******** ******************************************************************************* of business) ____________________ 70..+...80....+...90....+... ******************************************************************************* ******** This is piece 3. -- It begins at character 1 of table line 9. ******** ******************************************************************************* (date) 1...+...10....+...20....+...30....+...40....+...50....+...60....+.. ******************************************************************************* ******* This is piece 4. -- It begins at character 68 of table line 9. ******** ******************************************************************************* (purchaser's signature) 68.....+...80....+...90....+..

III. A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the buyer at the time they are signed.

.

N.H. Rev. Stat. Ann. § 359-D:7 Breach of Contract. The seller's breach of a contract under this chapter or of any obligation arising therefrom shall constitute a violation of this chapter.N.H. Rev. Stat. Ann. § 359-D:7 Breach of Contract. The seller's breach of a contract under this chapter or of any obligation arising therefrom shall constitute a violation of this chapter.

.

N.H. Rev. Stat. Ann. § 359-E:1 Definitions.In this chapter:

I. "Automatic telephone dialing system'' means any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.

I-a. "Caller identification information'' means:

(a) The telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or

(b) Other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument.

I-b. "Caller identification service'' means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information.

I-c. "Per-call blocking'' means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information.

I-d. "Per-line blocking'' means a telecommunications service that prevents the transmission of caller identification information to a called party on every call unless the calling party acts affirmatively to release the caller identification information.

II. "Solicitation'' means the unrequested initiation of a telephone call to a residential telephone subscriber for the purposes of giving, selling, or leasing services or goods, whether real or personal, tangible or intangible; or to gain a pledge, promise or contribution in circumstances where there is no pre-existing relationship between the caller and the person called; or to obtain information, data or opinions.
N.H. Rev. Stat. Ann. § 359-E:1 Definitions.In this chapter:

I. "Automatic telephone dialing system'' means any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.

I-a. "Caller identification information'' means:

(a) The telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or

(b) Other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument.

I-b. "Caller identification service'' means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information.

I-c. "Per-call blocking'' means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information.

I-d. "Per-line blocking'' means a telecommunications service that prevents the transmission of caller identification information to a called party on every call unless the calling party acts affirmatively to release the caller identification information.

II. "Solicitation'' means the unrequested initiation of a telephone call to a residential telephone subscriber for the purposes of giving, selling, or leasing services or goods, whether real or personal, tangible or intangible; or to gain a pledge, promise or contribution in circumstances where there is no pre-existing relationship between the caller and the person called; or to obtain information, data or opinions.

.

N.H. Rev. Stat. Ann. § 359-E:2 Registration. I. Any person intending to use an automatic telephone dialing system for solicitation in this state shall, at least 10 business days prior to using the system, register with the consumer protection and antitrust bureau of the department of justice the information required by RSA 359-E:3, and, if the registrant is a solicitor, as that term is used in RSA 7:28-c, the information required by RSA 7:28-c. At the time of filing, the registrant shall also pay to the department an annual non-proratable administrative fee of $20 for the calendar year.

II. The registrant shall be responsible for providing timely identification and automatic disconnect in accordance with RSA 359-E:4 and 359-E:5. Calls pertaining to an interest in real estate shall comply with the disclosure requirements of RSA 356-A and 356-B.

III. All transmissions shall be randomly generated in unequal intervals, and shall not infiltrate any emergency lines, such as police, fire, or ambulance lines, which are either 911 circuits or 7-digit telephone numbers designated as emergency lines.
N.H. Rev. Stat. Ann. § 359-E:2 Registration. I. Any person intending to use an automatic telephone dialing system for solicitation in this state shall, at least 10 business days prior to using the system, register with the consumer protection and antitrust bureau of the department of justice the information required by RSA 359-E:3, and, if the registrant is a solicitor, as that term is used in RSA 7:28-c, the information required by RSA 7:28-c. At the time of filing, the registrant shall also pay to the department an annual non-proratable administrative fee of $20 for the calendar year.

II. The registrant shall be responsible for providing timely identification and automatic disconnect in accordance with RSA 359-E:4 and 359-E:5. Calls pertaining to an interest in real estate shall comply with the disclosure requirements of RSA 356-A and 356-B.

III. All transmissions shall be randomly generated in unequal intervals, and shall not infiltrate any emergency lines, such as police, fire, or ambulance lines, which are either 911 circuits or 7-digit telephone numbers designated as emergency lines.

.

N.H. Rev. Stat. Ann. § 359-E:3 Registration Information.Each registration pursuant to RSA 359-E:2 shall contain the following information:

I. The name and address of the registrant, including the name under which the registrant is doing or intends to do business.

II. The complete street addresses of all locations from which the registrant will be conducting business.
N.H. Rev. Stat. Ann. § 359-E:3 Registration Information.Each registration pursuant to RSA 359-E:2 shall contain the following information:

I. The name and address of the registrant, including the name under which the registrant is doing or intends to do business.

II. The complete street addresses of all locations from which the registrant will be conducting business.

.

N.H. Rev. Stat. Ann. § 359-E:4 Dialer Disconnect. Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within 30 seconds after the called party hangs up.N.H. Rev. Stat. Ann. § 359-E:4 Dialer Disconnect. Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within 30 seconds after the called party hangs up.

.

N.H. Rev. Stat. Ann. § 359-E:5 Identification. Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact:

I. The name of the person, company, or organization making the call.

II. The purpose of the call and the goods or services being offered, if any.
N.H. Rev. Stat. Ann. § 359-E:5 Identification. Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact:

I. The name of the person, company, or organization making the call.

II. The purpose of the call and the goods or services being offered, if any.

.

N.H. Rev. Stat. Ann. § 359-E:5-a Blocking Prohibited. No person using an automated telephone dialing system or any other method for solicitation in this state shall use any method, including per-call blocking or per-line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a residential telephone subscriber from being shown by a device capable of displaying caller identification information. The caller identification information displayed shall contain a telephone number at which the telephone solicitor may receive telephone calls if the telephone solicitor leaves a message on a telephone answering device or uses an automatic telephone dialing system that plays a recorded message when a connection is completed to a telephone number.N.H. Rev. Stat. Ann. § 359-E:5-a Blocking Prohibited. No person using an automated telephone dialing system or any other method for solicitation in this state shall use any method, including per-call blocking or per-line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a residential telephone subscriber from being shown by a device capable of displaying caller identification information. The caller identification information displayed shall contain a telephone number at which the telephone solicitor may receive telephone calls if the telephone solicitor leaves a message on a telephone answering device or uses an automatic telephone dialing system that plays a recorded message when a connection is completed to a telephone number.

.

N.H. Rev. Stat. Ann. § 359-E:6 Violations. Any violation of the provisions of this subdivision shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, may be used to enforce the provisions of this chapter. Such remedies shall be in addition to any other remedies provided by law or equity. N.H. Rev. Stat. Ann. § 359-E:6 Violations. Any violation of the provisions of this subdivision shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, may be used to enforce the provisions of this chapter. Such remedies shall be in addition to any other remedies provided by law or equity.

.

N.H. Rev. Stat. Ann. § 359-E:7 Definitions. In this subdivision:

I. "Bureau'' means the consumer protection and antitrust bureau of the office of the attorney general.

II. "Customer'' means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing.

III. "Do-not-call list'' means a list of residential telephone subscribers who have notified the list administrator of their desire not to receive telemarketing sales calls.

IV. "Doing business in this state'' means conducting telephonic sales calls from a location:

(a) In this state; or

(b) Outside of this state to consumers residing in this state.

V. "Established business relationship'' means an established business relationship as defined by the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, section 310.2(n), as amended.

VI. "Goods and services'' means any goods and services, and shall include any real property or any tangible personal property as well as time share estates and licenses or services of any kind.

VII. "List administrator'' means the Federal Trade Commission.

VIII. "Person'' means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity.

IX. "Telemarketer'' means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarketing sales calls to a customer when the customer is in this state or any person who directly controls or supervises the conduct of a telemarketer or causes to be made a telemarketing call on such seller's own behalf or through a salesperson. For the purposes of this subdivision, "commercial purposes'' shall mean the sale or offer for sale of goods or services.

X. "Telemarketing'' means any plan, program, or campaign which is conducted to induce payment or the exchange of any other consideration for any goods or services by use of one or more telephones and which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing shall not include the solicitation of sales through media other than by telephone calls.

XI. "Telemarketing sales call'' means a telephone call made by a telemarketer to a customer for the purpose of inducing payment or the exchange of any other consideration for any goods or services or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. A telemarketing sales call shall not include a call made:

(a) In response to an express written or verbal request of the customer called.

(b) In connection with an established business relationship.

(c) On behalf of a nonprofit charity.

(d) [Repealed.]

(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.
N.H. Rev. Stat. Ann. § 359-E:7 Definitions. In this subdivision:

I. "Bureau'' means the consumer protection and antitrust bureau of the office of the attorney general.

II. "Customer'' means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing.

III. "Do-not-call list'' means a list of residential telephone subscribers who have notified the list administrator of their desire not to receive telemarketing sales calls.

IV. "Doing business in this state'' means conducting telephonic sales calls from a location:

(a) In this state; or

(b) Outside of this state to consumers residing in this state.

V. "Established business relationship'' means an established business relationship as defined by the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, section 310.2(n), as amended.

VI. "Goods and services'' means any goods and services, and shall include any real property or any tangible personal property as well as time share estates and licenses or services of any kind.

VII. "List administrator'' means the Federal Trade Commission.

VIII. "Person'' means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity.

IX. "Telemarketer'' means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarketing sales calls to a customer when the customer is in this state or any person who directly controls or supervises the conduct of a telemarketer or causes to be made a telemarketing call on such seller's own behalf or through a salesperson. For the purposes of this subdivision, "commercial purposes'' shall mean the sale or offer for sale of goods or services.

X. "Telemarketing'' means any plan, program, or campaign which is conducted to induce payment or the exchange of any other consideration for any goods or services by use of one or more telephones and which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing shall not include the solicitation of sales through media other than by telephone calls.

XI. "Telemarketing sales call'' means a telephone call made by a telemarketer to a customer for the purpose of inducing payment or the exchange of any other consideration for any goods or services or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. A telemarketing sales call shall not include a call made:

(a) In response to an express written or verbal request of the customer called.

(b) In connection with an established business relationship.

(c) On behalf of a nonprofit charity.

(d) [Repealed.]

(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.

.

N.H. Rev. Stat. Ann. § 359-E:8 Prohibited Telemarketing Sales Calls. I. Telemarketers are prohibited from conducting telemarketing sales calls to any customer who has registered his or her name or telephone number with the do-not-call registry maintained by the list administrator or Federal Trade Commission. In the case of telemarketers regulated by the Federal Communications Commission, this chapter shall apply in a manner consistent with rules concerning a national do-not-call list developed by that agency.

II. In addition, any person who is required to comply with the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, as amended, shall also comply with the provisions of the Federal Trade Commission Telemarketing Sales Rule for telemarketing sales calls made within the state of New Hampshire. This section shall also apply to any person who would be required to comply with the Federal Trade Commission Telemarketing Sales Rule, if such person were making interstate telemarketing sales calls.
N.H. Rev. Stat. Ann. § 359-E:8 Prohibited Telemarketing Sales Calls. I. Telemarketers are prohibited from conducting telemarketing sales calls to any customer who has registered his or her name or telephone number with the do-not-call registry maintained by the list administrator or Federal Trade Commission. In the case of telemarketers regulated by the Federal Communications Commission, this chapter shall apply in a manner consistent with rules concerning a national do-not-call list developed by that agency.

II. In addition, any person who is required to comply with the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, as amended, shall also comply with the provisions of the Federal Trade Commission Telemarketing Sales Rule for telemarketing sales calls made within the state of New Hampshire. This section shall also apply to any person who would be required to comply with the Federal Trade Commission Telemarketing Sales Rule, if such person were making interstate telemarketing sales calls.

.

N.H. Rev. Stat. Ann. § 359-E:9 Telemarketers' Obligation to Obtain Do-Not-Call List. Telemarketers making telemarketing sales calls to customers in the state of New Hampshire shall obtain from the list administrator quarterly listings of customers in the state who have registered with the list administrator for inclusion in its do-not-call list.N.H. Rev. Stat. Ann. § 359-E:9 Telemarketers' Obligation to Obtain Do-Not-Call List. Telemarketers making telemarketing sales calls to customers in the state of New Hampshire shall obtain from the list administrator quarterly listings of customers in the state who have registered with the list administrator for inclusion in its do-not-call list.

.

N.H. Rev. Stat. Ann. § 359-H:1 Definitions. In this chapter:

I. "Advertisement'' means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose.

II. "Authorized user'' means a consumer who owns or is permitted to use a computer.

III. "Computer program'' means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

IV. (a) "Spyware'' means software residing on a computer that:

(1) Employs a user's Internet connection in the background, via a backchannel, without his or her knowledge or explicit permission.

(2) Sends information about the computer's usage to a remote computer or server; or displays or causes to be displayed an advertisement in response to the computer's usage.

(3) Sends or causes to be sent personal information residing on the computer to a remote computer or server.

(b) Notwithstanding subparagraph (a), "spyware'' does not include any of the following:

(1) Software designed and installed primarily to prevent, diagnose, or resolve technical difficulties, to protect the security of the user's computer, or to detect or prevent fraudulent activities.

(2) Software or data that solely report to an Internet website information stored by the Internet website on the user's computer, including cookies, HTML code, or Java Scripts.

(3) Software that provides the user with the capability to search the Internet.

(4) Software installed with the consent of an authorized user whose primary purpose is to prevent access to Internet content that is inappropriate for minors.

(5) An operating system.

V. "Usage''means:

(a) The Internet websites accessed by a user.

(b) The contents or characteristics of the Internet websites accessed by a user.

(c) A user's personal information, including:

(1) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.

(2) Any of the following with respect to a user's home or other physical address: the street name, the name of the city or town, or the zip code.

(3) An electronic mail address.

(4) A telephone number.

(5) A Social Security number.

(6) Any personal identification number.

(7) A credit or debit card number.

(8) Any access code associated with a credit or debit card.

(9) A date of birth, birth certificate number, or place of birth.

(10) A password or access code.

(11) A bank account number.
N.H. Rev. Stat. Ann. § 359-H:1 Definitions. In this chapter:

I. "Advertisement'' means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose.

II. "Authorized user'' means a consumer who owns or is permitted to use a computer.

III. "Computer program'' means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

IV. (a) "Spyware'' means software residing on a computer that:

(1) Employs a user's Internet connection in the background, via a backchannel, without his or her knowledge or explicit permission.

(2) Sends information about the computer's usage to a remote computer or server; or displays or causes to be displayed an advertisement in response to the computer's usage.

(3) Sends or causes to be sent personal information residing on the computer to a remote computer or server.

(b) Notwithstanding subparagraph (a), "spyware'' does not include any of the following:

(1) Software designed and installed primarily to prevent, diagnose, or resolve technical difficulties, to protect the security of the user's computer, or to detect or prevent fraudulent activities.

(2) Software or data that solely report to an Internet website information stored by the Internet website on the user's computer, including cookies, HTML code, or Java Scripts.

(3) Software that provides the user with the capability to search the Internet.

(4) Software installed with the consent of an authorized user whose primary purpose is to prevent access to Internet content that is inappropriate for minors.

(5) An operating system.

V. "Usage''means:

(a) The Internet websites accessed by a user.

(b) The contents or characteristics of the Internet websites accessed by a user.

(c) A user's personal information, including:

(1) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.

(2) Any of the following with respect to a user's home or other physical address: the street name, the name of the city or town, or the zip code.

(3) An electronic mail address.

(4) A telephone number.

(5) A Social Security number.

(6) Any personal identification number.

(7) A credit or debit card number.

(8) Any access code associated with a credit or debit card.

(9) A date of birth, birth certificate number, or place of birth.

(10) A password or access code.

(11) A bank account number.

.

N.H. Rev. Stat. Ann. § 359-H:2 Prohibited Conduct. A person or entity conducting business in this state, who is not an authorized user, shall not knowingly cause a computer program or spyware to be copied onto the computer of a consumer and use the program or spyware to do any of the following:

I. Take control, through intentionally deceptive means, of the consumer's computer by doing any of the following:

(a) Transmitting or relaying commercial electronic mail or a computer virus from the consumer's computer, where the transmission or relaying is initiated by a person other than an authorized user and without the authorization of an authorized user.

(b) Accessing or using the consumer's modem or Internet service for the purpose of causing damage to the consumer's computer or causing an authorized user to incur unauthorized financial charges.

(c) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including launching a denial of service attack.

(d) Opening multiple, sequential, stand-alone advertisements in the consumer's Internet browser with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the consumer's Internet browser.

II. Modifying, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the Internet:

(a) The page that appears when an authorized user launches an Internet browser or similar program used to access and navigate the Internet.

(b) The default provider the authorized user uses to access or search the Internet.

(c) The authorized user's list of bookmarks used to access Web pages.

(d) An authorized user's security or other settings that protect information about the authorized user, for the purpose of stealing personal information of, or causing harm to, an authorized user.

(e) The security settings of the computer for the purpose of causing damage to one or more computers.

III. Collecting personal information through intentionally deceptive means, such as through the use of a keystroke logging function, and transferring that information from the computer to another person.

IV. Preventing, through intentionally deceptive means, an authorized user's reasonable efforts to block the installation of, or to disable, software by doing any of the following:

(a) Presenting an authorized user with an option to decline installation of software such that, when the option is selected, the installation nevertheless proceeds.

(b) Falsely representing that software has been disabled.

(c) Causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.

V. Intentionally misrepresenting that software will be uninstalled or disabled by an authorized user's action, with knowledge that the software will not be uninstalled or disabled.

VI. Inducing, through deceptive means, an authorized user to install a software component onto the computer, including deceptively misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.

VII. Deceptively installing and executing on the computer one or more additional computer software components with the intent of causing an authorized user to use the components in a way that violates any other provision of this section.

VIII. Through intentionally deceptive means, removing, disabling, or rendering inoperative a security, antispyware, or antivirus technology installed on the computer.
N.H. Rev. Stat. Ann. § 359-H:2 Prohibited Conduct. A person or entity conducting business in this state, who is not an authorized user, shall not knowingly cause a computer program or spyware to be copied onto the computer of a consumer and use the program or spyware to do any of the following:

I. Take control, through intentionally deceptive means, of the consumer's computer by doing any of the following:

(a) Transmitting or relaying commercial electronic mail or a computer virus from the consumer's computer, where the transmission or relaying is initiated by a person other than an authorized user and without the authorization of an authorized user.

(b) Accessing or using the consumer's modem or Internet service for the purpose of causing damage to the consumer's computer or causing an authorized user to incur unauthorized financial charges.

(c) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including launching a denial of service attack.

(d) Opening multiple, sequential, stand-alone advertisements in the consumer's Internet browser with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the consumer's Internet browser.

II. Modifying, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the Internet:

(a) The page that appears when an authorized user launches an Internet browser or similar program used to access and navigate the Internet.

(b) The default provider the authorized user uses to access or search the Internet.

(c) The authorized user's list of bookmarks used to access Web pages.

(d) An authorized user's security or other settings that protect information about the authorized user, for the purpose of stealing personal information of, or causing harm to, an authorized user.

(e) The security settings of the computer for the purpose of causing damage to one or more computers.

III. Collecting personal information through intentionally deceptive means, such as through the use of a keystroke logging function, and transferring that information from the computer to another person.

IV. Preventing, through intentionally deceptive means, an authorized user's reasonable efforts to block the installation of, or to disable, software by doing any of the following:

(a) Presenting an authorized user with an option to decline installation of software such that, when the option is selected, the installation nevertheless proceeds.

(b) Falsely representing that software has been disabled.

(c) Causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.

V. Intentionally misrepresenting that software will be uninstalled or disabled by an authorized user's action, with knowledge that the software will not be uninstalled or disabled.

VI. Inducing, through deceptive means, an authorized user to install a software component onto the computer, including deceptively misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.

VII. Deceptively installing and executing on the computer one or more additional computer software components with the intent of causing an authorized user to use the components in a way that violates any other provision of this section.

VIII. Through intentionally deceptive means, removing, disabling, or rendering inoperative a security, antispyware, or antivirus technology installed on the computer.

.

N.H. Rev. Stat. Ann. § 359-I:1 Definitions. In this chapter:

I. "Financial device'' means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to any of the following:

(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card.

(b) A check.

(c) A negotiable order of withdrawal.

(d) A share draft.

(e) A money order.

(f) An Automated Clearing House ("ACH'') or other electronic transaction.

(g) Any device or process, whether based on a binary or digital code used to transfer value from one person or entity to another.

II. "Personal information'' shall include any one or more of the following, whether the information is owned by or assigned to the person it relates to:

(a) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.

(b) A home or physical address.

(c) A telephone number.

(d) A social security number.

(e) Any personal identification number.

(f) A credit or debit card number.

(g) Any access code associated with a credit or debit card.

(h) A date of birth, birth certificate number, or place of birth.

(i) A password or access code.

(j) A financial institution account number.

(k) A driver's license or other governmental identification.

III. "Victim'' means any person whose personal information or financial device has been obtained, accessed, possessed, or recorded in violation of this chapter or any person that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this chapter.

IV. "Person'' means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.
N.H. Rev. Stat. Ann. § 359-I:1 Definitions. In this chapter:

I. "Financial device'' means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to any of the following:

(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card.

(b) A check.

(c) A negotiable order of withdrawal.

(d) A share draft.

(e) A money order.

(f) An Automated Clearing House ("ACH'') or other electronic transaction.

(g) Any device or process, whether based on a binary or digital code used to transfer value from one person or entity to another.

II. "Personal information'' shall include any one or more of the following, whether the information is owned by or assigned to the person it relates to:

(a) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.

(b) A home or physical address.

(c) A telephone number.

(d) A social security number.

(e) Any personal identification number.

(f) A credit or debit card number.

(g) Any access code associated with a credit or debit card.

(h) A date of birth, birth certificate number, or place of birth.

(i) A password or access code.

(j) A financial institution account number.

(k) A driver's license or other governmental identification.

III. "Victim'' means any person whose personal information or financial device has been obtained, accessed, possessed, or recorded in violation of this chapter or any person that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this chapter.

IV. "Person'' means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.

.

N.H. Rev. Stat. Ann. § 359-I:2 Prohibited Conduct. I. Unless otherwise permitted by state law or rules or federal statute or regulation, no person shall, without the authorization, consent, or permission of the other person, do any of the following with fraudulent intent:

(a) Obtain, record, or access personal information or a financial device that would assist the person in accessing financial resources or obtaining personal information owned by the other person other than that which is necessary to process a transaction for the benefit of the other person.

(b) Obtain goods, services, or some other benefit through the use of personal information or a financial device of the other person.

(c) Obtain personal information or financial device documents in the other person's name.

(d) Possess the personal information or a financial device of the other person without permission or lawful authority, with the intent to use or to aid or permit some third person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.

(e) Use or possess personal information or a financial device of the other person without permission or lawful authority with the intent to obtain, or to aid or permit some third person to obtain, a government-issued document.

(f) Falsely make, complete, or alter a written instrument containing any personal information of the other person.

(g) Make or convey a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal information or financial device of the other person.

II. This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
N.H. Rev. Stat. Ann. § 359-I:2 Prohibited Conduct. I. Unless otherwise permitted by state law or rules or federal statute or regulation, no person shall, without the authorization, consent, or permission of the other person, do any of the following with fraudulent intent:

(a) Obtain, record, or access personal information or a financial device that would assist the person in accessing financial resources or obtaining personal information owned by the other person other than that which is necessary to process a transaction for the benefit of the other person.

(b) Obtain goods, services, or some other benefit through the use of personal information or a financial device of the other person.

(c) Obtain personal information or financial device documents in the other person's name.

(d) Possess the personal information or a financial device of the other person without permission or lawful authority, with the intent to use or to aid or permit some third person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.

(e) Use or possess personal information or a financial device of the other person without permission or lawful authority with the intent to obtain, or to aid or permit some third person to obtain, a government-issued document.

(f) Falsely make, complete, or alter a written instrument containing any personal information of the other person.

(g) Make or convey a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal information or financial device of the other person.

II. This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

.

N.H. Rev. Stat. Ann. § 359-I:3 Liability. In addition to any other remedies provided by law, a victim may bring an action in his or her county of residence or any county in which any part of the act took place, regardless of whether the person who committed the violation was ever actually present in that county, against the person who violated this chapter to recover the following:

I. $5,000 for each incident, or 3 times the actual damages, whichever is greater.

II. Reasonable attorney's fees and court costs.
N.H. Rev. Stat. Ann. § 359-I:3 Liability. In addition to any other remedies provided by law, a victim may bring an action in his or her county of residence or any county in which any part of the act took place, regardless of whether the person who committed the violation was ever actually present in that county, against the person who violated this chapter to recover the following:

I. $5,000 for each incident, or 3 times the actual damages, whichever is greater.

II. Reasonable attorney's fees and court costs.

.

N.H. Rev. Stat. Ann. § 359-I:4 Correction of Public and Private Records. I. Any order obtained under this chapter, or any conviction under RSA 638:26, may be submitted in any civil proceeding to set aside a judgment against the victim.

II. The victim may submit the order obtained under this chapter, or any conviction under RSA 638:26, to any governmental entity or private business as proof that any financial accounts therein created or altered in violation of this chapter, RSA 638:26, or RSA 638:5 were not the actions of the victim.
N.H. Rev. Stat. Ann. § 359-I:4 Correction of Public and Private Records. I. Any order obtained under this chapter, or any conviction under RSA 638:26, may be submitted in any civil proceeding to set aside a judgment against the victim.

II. The victim may submit the order obtained under this chapter, or any conviction under RSA 638:26, to any governmental entity or private business as proof that any financial accounts therein created or altered in violation of this chapter, RSA 638:26, or RSA 638:5 were not the actions of the victim.

.

N.H. Rev. Stat. Ann. § 359-J:1 Definitions. In this chapter:

I. "Performing group'' means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

II. "Recording group'' means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

III. "Sound recording'' means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied.
N.H. Rev. Stat. Ann. § 359-J:1 Definitions. In this chapter:

I. "Performing group'' means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

II. "Recording group'' means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

III. "Sound recording'' means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied.

.

N.H. Rev. Stat. Ann. § 359-J:2 Production. I. It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.

II. It shall not be a violation of paragraph I if any of the following apply:

(a) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office.

(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute.

(d) The advertising does not relate to a live musical performance or production taking place in this state.

(e) The performance or production is expressly authorized by the recording group
N.H. Rev. Stat. Ann. § 359-J:2 Production. I. It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.

II. It shall not be a violation of paragraph I if any of the following apply:

(a) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office.

(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute.

(d) The advertising does not relate to a live musical performance or production taking place in this state.

(e) The performance or production is expressly authorized by the recording group

.

N.H. Rev. Stat. Ann. § 359-J:3 Restraining Prohibited Acts. I. Whenever the attorney general or a county attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of RSA 359-J:2, I and that proceedings would be in the public interest, the attorney general or county attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice.

II. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in paragraph I, the court may direct that the defendant restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.
N.H. Rev. Stat. Ann. § 359-J:3 Restraining Prohibited Acts. I. Whenever the attorney general or a county attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of RSA 359-J:2, I and that proceedings would be in the public interest, the attorney general or county attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice.

II. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in paragraph I, the court may direct that the defendant restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.