Section 361-D:27 – Administrative Enforcement.
361-D:27 Administrative Enforcement. – In addition to the private rights created by this chapter, compliance with the requirements imposed under this chapter shall be enforced by the department of justice. Source. 1996, 85:1, eff. Nov. 15, 1996.
Section 361-D:28 – Rulemaking.
361-D:28 Rulemaking. – The attorney general shall adopt rules, pursuant to RSA 541-A, relative to: I. The information required to be included with the solicitation under RSA 361-D:2. II. The guidelines for forms necessary to comply with the provision of RSA 361-D:3. III. [Repealed.] Source. 1996, 85:1, eff. Nov. 15, 1996. 2012, 171:26, XVII, […]
Section 361-E:1 – Scope.
361-E:1 Scope. – I. The purpose of this chapter is to provide a framework within which retail sellers and sales finance companies may offer guaranteed asset protection waivers in New Hampshire. II. This chapter shall not apply to: (a) An insurance policy offered by an insurer under the insurance laws of this state; or […]
Section 361-E:2 – Definitions.
361-E:2 Definitions. – I. In this chapter: (a) " Administrator " means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (b) " Borrower " means any retail buyer, as defined in RSA 361-A:1, IX. (c) " Creditor " means: (1) Any […]
Section 361-E:3 – Requirements for Offering Guaranteed Asset Protection Waivers.
361-E:3 Requirements for Offering Guaranteed Asset Protection Waivers. – I. GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. II. Any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the […]
Section 361-E:4 – Disclosures.
361-E:4 Disclosures. – Guaranteed asset protection waivers shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: I. The name and address of the initial creditor and the borrower at the time of sale, the identity of any administrator if different from the creditor, and a […]
Section 361-E:5 – Cancellation.
361-E:5 Cancellation. – I. Guaranteed asset protection waiver agreements may be cancellable or noncancellable after the free look period. GAP waivers shall provide that if a borrower cancels a waiver within the free look period, the borrower shall be entitled to a full refund of the purchase price, if no benefits have been provided. […]
Section 361-D:22 – Liability of Lessor.
361-D:22 Liability of Lessor. – I. Except as otherwise provided by this section, any lessor who fails to comply with any requirement imposed under the provisions of this chapter or for which no specific relief is provided with respect to any person shall be liable to such person in an amount equal to the […]
Section 361-D:23 – Rescission of Agreement.
361-D:23 Rescission of Agreement. – If the lessor fails to comply with RSA 361-D:3, as an alternative to an action under RSA 361-D:22, the lessee may rescind the agreement if the failure to comply was willful, or if correction will increase the amount of the lease balance, unless the lessor waives the collection of […]
Section 361-D:24 – Costs and Attorney’s Fees.
361-D:24 Costs and Attorney’s Fees. – In any action by a consumer against the lessor based upon the alleged breach of a lease or other written agreement made in connection with lease of such motor vehicle, the court, in its discretion, may award to the plaintiff costs and reasonable attorney’s fees. If the court […]