SB205 (2005) Detail

Relative to private actions under the consumer protection act.


SB 205 – AS INTRODUCED

2005 SESSION

05-1007

05/09

SENATE BILL 205

AN ACT relative to private actions under the consumer protection act.

SPONSORS: Sen. Odell, Dist 8; Sen. Flanders, Dist 7

COMMITTEE: Judiciary

ANALYSIS

This bill limits damages in private actions under the consumer protection act to the difference between the amount paid and the value of the goods received, or $1,500. The bill provides for increased damages if the court finds clear and convincing evidence of a willing or knowing violation of the law.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-1007

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to private actions under the consumer protection act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Consumer Protection; Private Action; Damages; Jury Trial. Amend RSA 358-A:10 to read as follows:

358-A:10 Private Actions.

I. Any person injured by another’s use of any method, act or practice declared unlawful under this chapter, and who suffers an ascertainable loss of money or property as a direct and proximate result of such unlawful practice, 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] measured by the difference between the amount paid by the consumer as a result of the unfair or deceptive method, act, or practice and the actual market value of the good or service that the consumer actually received, or if the actual market value of the good or service that the consumer actually received cannot be proven, a maximum of $1,500. If the court finds by clear and convincing evidence that the defendant’s 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.

2 Applicability. This act shall apply to all cases filed or pending on or after January 1, 2006.

3 Effective Date. This act shall take effect January 1, 2006.

Links

SB205 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB205 Revision: 9259 Date: Jan. 21, 2010, midnight

Docket