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 […]
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 […]
358-A:10-a Class Actions. – I. Persons entitled to bring an action under RSA 358-A:10 may, if the unlawful act or practice has caused similar injury to numerous other persons, institute an action as representative or representatives of a class of persons who are residents of this state or whose cause of action arose within […]
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. Source. 1970, 19:1, eff. April 30, 1970.
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. Source. 1970, 19:1, eff. April 30, 1970.
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. […]
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 […]
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 […]
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 […]
358-A:5 Notice. – At least 10 days prior to commencement of any action under RSA 358-A:4, the attorney general shall notify the person of the attorney general’s intended action, and give the person an opportunity to confer with the attorney general, or agent, in person or by counsel or other representative as to the […]
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 […]
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 […]
358-A:8 Subpoena; Production of Books, Examination of Persons, Etc. – I. Authority of Attorney General. The attorney general shall have the power to subpoena and subpoena duces tecum in the name of the attorney general for the purposes of this chapter. Witnesses summoned by the attorney general shall be paid the same fee and […]
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. Source. 1970, 19:1, eff. […]
