Section 359-D:1 – Short Title.

    359-D:1 Short Title. – This chapter may be cited as the "credit services regulation act". Source. 1988, 24:2, eff. Jan. 1, 1989.

Section 359-D:10 – Penalties.

    359-D:10 Penalties. – I. Any person who violates any provision of this chapter is guilty of a misdemeanor. The superior court shall have jurisdiction in equity to restrain and enjoin the violation of any provision of this chapter. II. The duty to institute actions for violation of this chapter, including equity proceedings to restrain […]

Section 359-D:11 – Damages.

    359-D:11 Damages. – Any buyer injured by a violation of this chapter or by the credit services organization’s breach of a contract subject to this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to […]

Section 359-D:2 – Definitions.

    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 […]

Section 359-D:3 – Prohibited Practices.

    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 […]

Section 359-D:4 – Information Statement Required.

    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, […]

Section 359-D:5 – Contents of Information Statement.

    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 […]

Section 359-D:6 – Requirements for Contracts.

    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 […]

Section 359-D:7 – Breach of Contract.

    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. Source. 1988, 24:2, eff. Jan. 1, 1989.

Section 359-D:8 – Requirements for Surety Bonds.

    359-D:8 Requirements for Surety Bonds. – If a credit services organization is required to obtain a surety bond or establish a trust account according to RSA 359-D:3, the following procedures shall be applicable: I. If a bond is obtained, a copy of it shall be filed with the office of the secretary of state. […]

Section 359-D:9 – Claiming Waiver of Rights or Exemption.

    359-D:9 Claiming Waiver of Rights or Exemption. – I. Any waiver by a buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a credit services organization to have a buyer waive rights given by this chapter shall constitute a violation […]