Section 358-O:1 – Short Title.
358-O:1 Short Title. – This chapter may be cited as the "Prizes and Gifts Act." Source. 1994, 229:2, eff. Jan. 1, 1995.
Section 358-O:10 – Exemptions.
358-O:10 Exemptions. – The provisions of RSA 358-O:4 through 358-O:7 shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the Federal Trade Commission trade […]
Section 358-O:2 – Definitions.
358-O:2 Definitions. – In this chapter: I. "Anything of value," "item of value" or "item" means any item or service with monetary value. II. "Handling charge" means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value including, but not limited […]
Section 358-O:3 – Representation of Having Won a Prize, Gift or Any Item of Value.
358-O:3 Representation of Having Won a Prize, Gift or Any Item of Value. – I. No person shall, in connection with the sale or lease or solicitation for the sale or lease of goods, property or service, represent that another person has won anything of value or is the winner of a contest, unless […]
Section 358-O:4 – Representation of Eligibility to Win or to Receive a Prize, Gift or Item of Value.
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 […]
Section 358-O:5 – Representation of Being Specially Selected.
358-O:5 Representation of Being Specially Selected. – I. No person shall represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property or service, unless the selection process is designed to reach a particular type or types of persons. II. The […]
Section 358-O:6 – Simulation of Checks, Invoices, Official Documents, and Agencies.
358-O:6 Simulation of Checks, Invoices, Official Documents, and Agencies. – In connection with a consumer transaction, no person shall issue any writing which simulates or resembles: I. A check unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person. II. An invoice unless […]
Section 358-O:7 – Conditions for Handling Charges and Shipping Charges.
358-O:7 Conditions for Handling Charges and Shipping Charges. – I. It shall be unlawful to notify a person that such person will receive a gift, prize, or item of value and that as a condition of receiving the gift, prize or item of value such person will be required to pay any money, or […]
Section 358-O:8 – Civil Action.
358-O:8 Civil Action. – Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provisions. Any consumer who is successful in such an action shall recover reasonable attorney’s fees and court costs incurred by bringing such action. Source. 1994, 229:2, […]
Section 358-O:9 – Penalties.
358-O:9 Penalties. – Any violation of this chapter shall constitute a prohibited practice under the provisions of RSA 358-A and shall be subject to any of the enforcement provisions of RSA 358-A. Source. 1994, 229:2, eff. Jan. 1, 1995.