HB 565 – AS INTRODUCED
HOUSE BILL 565
This bill adds preliminary requirements for bringing certain actions under the consumer protection law.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to actions under the consumer protection law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Consumer Protection Law; Exempt Transactions. RSA 358-A:3, I is repealed and reenacted to read as follows:
I. Acts or transactions subject to and in compliance with the statutes, rules, and regulations enforced by the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, or the financial institutions and insurance regulators of other states.
2 Private Actions. Amend RSA 358-A:10, II to read as follows:
II. Notwithstanding any other provision of this chapter, before any person may bring an action under this chapter against an entity subject to the jurisdiction of the bank commissioner, the director of securities regulation, the public utilities commission, or the financial institutions and insurance regulators of other states, such person shall first complain to such regulatory body and provide such regulatory body the opportunity to bring an enforcement action pursuant to the authority granted to such regulatory body. The complainant may only proceed under this chapter after either such regulatory body finds the entity to be in violation and the finding or order has become final, or when the regulatory body fails to take any enforcement action within 90 days from the date of the filing of the complaint, provided, however, that if such regulatory body issues a finding that the acts complained of are subject to and in compliance with the statutes, rules, or regulations enforced by such regulatory body, no action under this chapter shall lie.
III. 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.
3 Right to Privacy; Notification of Security Breach Required. Amend RSA 359-C:20, I(b) to read as follows:
(b) Any person engaged in [
trade or commerce] an act or transaction that is subject to RSA 358-A:3, I shall also notify the regulator which has primary regulatory authority over such [ trade or commerce] an act or transaction. All other persons shall notify the New Hampshire attorney general’s office. The notice shall include the anticipated date of the notice to the individuals and the approximate number of individuals in this state who will be notified. Nothing in this section shall be construed to require the person to provide to any regulator or the New Hampshire attorney general’s office the names of the individuals entitled to receive the notice or any personal information relating to them. The disclosure shall be made to affected individuals as quickly as possible, after the determination required under this section.
4 Right to Privacy; Notification of Security Breach Required. Amend RSA 358-C:20, V to read as follows:
V. Any person engaged in [
trade or commerce] an act or transaction that is subject to RSA?358-A:3, I which maintains procedures for security breach notification pursuant to the laws, rules, regulations, guidances, or guidelines issued by a state or federal regulator shall be deemed to be in compliance with this subdivision if it acts in accordance with such laws, rules, regulations, guidances, or guidelines.
5 Effective Date. This act shall take effect January 1, 2014.