HB1223 (2010) Detail

Relative to notice in class action cases under the consumer protection act.


CHAPTER 137

HB 1223 – FINAL VERSION

2010 SESSION

10-2138

09/04

HOUSE BILL 1223

AN ACT relative to notice in class action cases under the consumer protection act.

SPONSORS: Rep. G. Richardson, Merr 4; Rep. Nixon, Hills 17; Rep. Rowe, Hills 6; Rep. W. O'Brien, Hills 4; Rep. Wall, Straf 7

COMMITTEE: Judiciary

ANALYSIS

This bill requires that notice in class action cases under the consumer protection act be provided in accordance with the rules of court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2138

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to notice in class action cases under the consumer protection act.

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

137:1 Consumer Protection Act; Notice in Class Actions. Amend RSA 358-A:10-a, IV to read as follows:

IV. In any class action maintained other than under paragraph II(e)(2), the court shall direct to the members of the class the best notice practicable under the [circumstances] rules of court, which may include[, as the plaintiff so elects,] either individual notice or publication or both as determined by the court.

[(a) If the plaintiff elects notice by publication, the notice shall advise each member that:

(1) The court will include the member in the class if such member so requests by a specified date;

(2) The judgment, whether favorable or not, will include all members who request inclusion; and

(3) Any member who does request inclusion may, if the member desires, enter an appearance through the member's counsel.

(b) If the plaintiff elects individual notice, the notice shall advise each member that:

(1) The court will include the member in the class unless the member requests exclusion by a specified date;

(2) The judgment, whether favorable or not, will include all members who do not request exclusion;

(3) Any member who does not request exclusion may, if the member desires, enter an appearance through the member's counsel.]

137:2 Effective Date. This act shall take effect January 1, 2011.

Approved: June 14, 2010

Effective Date: January 1, 2011