SB92 (2018) Detail

Relative to the consumer complaint process at the banking department.


CHAPTER 207

SB 92 - FINAL VERSION

 

 

2018 SESSION

17-0980

08/10

 

SENATE BILL 92

 

AN ACT relative to the consumer complaint process at the banking department.

 

SPONSORS: Sen. Feltes, Dist 15; Sen. Innis, Dist 24; Sen. Soucy, Dist 18; Sen. Lasky, Dist 13; Rep. Williams, Hills. 4; Rep. Butler, Carr. 7; Rep. Luneau, Merr. 10

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill decreases the time for response to consumer complaints and inquiries to the banking department.

 

This bill is a request of the banking department.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0980

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the consumer complaint process at the banking department.

 

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

 

207:1  New Section; Consumer Complaints.  Amend RSA 383-A by inserting after section 9-903 the following new section:

383-A:9-904 Consumer Complaints.

I.  Consumer complaints naming state banks or credit unions, which are filed in writing, shall be forwarded via certified mail to the state bank or credit union for response within 10 days of receipt by the department.  Not later than 30 days following receipt of such complaint, the state bank or credit union shall conduct an investigation of the complaint and either:

(a)  Make appropriate corrections in the account of the consumer and transmit to the consumer and the department written notification of such corrections, including documentary evidence of any corrections; or

(b)  Transmit a written explanation or clarification to the consumer and the department which sets forth the reasons why the state bank or credit union believes its actions are correct, including copies of documentary evidence supporting the explanation or clarification.

II.  State banks or credit unions which are unable to comply with the time frames prescribed in this section because of extenuating circumstances may make a written request to the commissioner for a waiver of such time frames.  Requests for waivers shall be either granted or denied within 5 days of receipt by the department.  Waivers shall not be granted or considered unless the request for waiver:

(a)  Is received by the department within 20 days following the state bank's or credit union’s receipt of the complaint;

(b)  Specifies the reason for the request; and

(c)  Specifies a date certain by which the state bank or credit union shall comply with the provisions of this section.

207:2  Consumer Inquiries.  Amend the introductory paragraph of RSA 361-A:4-a, I to read as follows:

I.  Consumer complaints naming retail sellers or sales finance companies under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified or registered mail to the retail seller or sales finance company for response within 10 days of receipt by the department.  Retail sellers or sales finance companies shall, within [30] 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department.  Not later than [60] 30 days following receipt of such complaint, the retail seller or sales finance company shall conduct an investigation of the complaint and either:

207:3  Consumer Inquiries.  Amend  RSA 361-A:4-a, III(a)(1) to read as follows:

(1)  Is received by the banking department within [50] 20 days following the retail seller's or sales finance company's receipt of the complaint;

207:4  Consumer Inquiries.  Amend the introductory paragraph of RSA 397-A:15-a, I to read as follows:

I.  Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified mail to the licensee for response within 10 days of receipt by the department.  Licensees shall, within [30] 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department.  Not later than [60] 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:

207:5  Consumer Inquiries.  Amend RSA 397-A:15-a, III(a)(1) to read as follows:

(1)  Is received by the banking department within [50] 20 days following the licensee's receipt of the complaint;

207:6  Consumer Inquiries.  Amend the introductory paragraph of RSA 399-A:12, I to read as follows:

I.  Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified or registered mail to the licensee for response within 10 days of receipt by the department.  Licensees shall, within [30] 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department.  Not later than [60] 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:

207:7  Consumer Inquiries.  Amend  RSA 399-A:12, III(a)(1) to read as follows:

(1)  Is received by the banking department within [50] 20 calendar days following the licensee's receipt of the complaint;

207:8  Consumer Inquiries.  Amend the introductory paragraph of RSA 399-D:11, I to read as follows:

I.  Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified or registered mail to the licensee for response within 10 days of receipt by the department.  Licensees shall, within [30] 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the department.  Not later than [60] 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:

207:9  Consumer Inquiries.  Amend RSA 399-D:11, III(a)(1) to read as follows:

(1)  Is received by the department within [50] 20 days following the licensee's receipt of the complaint;

207:10  Consumer Inquiries.  Amend the introductory paragraph of RSA 399-G:12, I to read as follows:

I.  Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified or registered mail to the licensee for response within 10 days of receipt by the department.  Licensees shall, within [30] 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the department.  Not later than [60] 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:

207:11  Consumer Inquiries.  Amend  RSA 399-G:12, III(a)(1) to read as follows:

(1)  Is received by the department within [50] 20 days following the licensee's receipt of the complaint;

207:12  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 08, 2018

Effective Date: August 07, 2018

Links

SB92 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 Senate Hearing
Jan. 3, 2018 Senate Floor Vote
Jan. 3, 2018 Senate Floor Vote
Jan. 18, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 10, 2018 House Exec Session
House Floor Vote
April 26, 2018 House Floor Vote

Bill Text Revisions

SB92 Revision: 4134 Date: June 13, 2018, 10:31 a.m.
SB92 Revision: 3601 Date: April 26, 2018, 1:23 p.m.
SB92 Revision: 2640 Date: Jan. 25, 2017, 10:17 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Commerce; SJ 5
Feb. 7, 2017 Hearing: 02/07/2017, Room 100, SH, 01:30 pm; SC 9
March 29, 2017 Committee Report: Rereferred to Committee, 03/29/2017; Vote 5-0; CC; SC 16
March 29, 2017 Rereferred to Committee, MA, VV; 03/29/2017; SJ 11
Jan. 3, 2018 Committee Report: Inexpedient to Legislate, 01/03/2018; SC 48
Jan. 18, 2018 Special Order to 01/18/2018, Without Objection, MA; 01/03/2018 SJ 1
Jan. 18, 2018 Committee Report: Inexpedient to Legislate, 01/18/2018; SC 3
Jan. 18, 2018 Inexpedient to Legislate, RC 3Y-21N, MF; 01/18/2018; SJ 2
Jan. 18, 2018 Sen. Bradley Moved Ought to Pass; 01/18/2018; SJ 2
Jan. 18, 2018 Ought to Pass: MA, VV; OT3rdg; 01/18/2018; SJ 2
March 7, 2018 Introduced 03/07/2018 and referred to Commerce and Consumer Affairs HJ 7 P. 50
March 28, 2018 Public Hearing: 03/28/2018 10:15 AM LOB 302
April 3, 2018 Subcommittee Work Session: 04/03/2018 01:15 PM LOB 302
April 10, 2018 Executive Session: 04/10/2018 01:15 PM LOB 302
Committee Report: Ought to Pass (Vote 17-0; CC)
April 26, 2018 Committee Report: Ought to Pass for 04/26/2018 (Vote 17-0; CC) HC 16 P. 4
April 26, 2018 Ought to Pass: MA VV 04/26/2018
May 3, 2018 Enrolled 05/03/2018
May 3, 2018 Enrolled (In recess 05/03/2018); SJ 17
June 8, 2018 Signed by the Governor on 06/08/2018; Chapter 0207; Effective 08/07/2018