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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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