HB 1337 – AS INTRODUCED
2008 SESSION
09/01
HOUSE BILL 1337
AN ACT relative to private actions under the consumer protection act.
SPONSORS: Rep. Francoeur, Hills 26; Rep. Rochette, Hills 20
This bill requires a person to suffer an ascertainable loss of money or property to commence a private action under the consumer protection act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2570
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
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 Act; Private Actions. Amend RSA 358-A:10, I to read as follows:
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. If the court finds that the 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.
2 Applicability. Section 1 of this act shall apply to all cases arising under RSA 358-A:10 filed or pending on or after January 1, 2009.
3 Effective Date. This act shall take effect January 1, 2009.