Text to be removed highlighted in red.
1 New Chapter; Paper Billing Fees. Amend RSA by inserting after chapter 359-R the following new chapter:
CHAPTER 359-S
PAPER BILLING FEES
359-S:1 Prohibition on Certain Fee Charges.
I. No person shall charge a consumer an additional rate or fee for electing to make a payment by United States mail or for receiving a paper billing statement.
II. Nothing in this section shall apply to a government agency.
III. Nothing in this section shall be construed to restrict any right which a person may have under any other statute or common law.
359-S:2 Violation; Civil Penalty and Private Action.
I. The department of justice shall be responsible for enforcement of this chapter. A person found in violation of this chapter shall be subject to a civil penalty of up to $500 for a first offense, $5,000 for a second offense, and $10,000 for any subsequent offense.
II. An individual aggrieved by a violation of this chapter may bring a private civil action for injunctive relief, actual damages or $5,000 for each violation, whichever is greater, and reasonable attorney's fees and court costs.
2 Effective Date. This act shall take effect January 1, 2022.
Text to be added highlighted in green.
1 New Chapter; Paper Billing Fees. Amend RSA by inserting after chapter 359-R the following new chapter:
CHAPTER 359-S
PAPER BILLING FEES
359-S:1 Prohibition on Certain Fee Charges.
I. No person shall charge a consumer an additional rate or fee for electing to make a payment by United States mail or for receiving a paper billing statement.
II. Nothing in this section shall apply to a government agency.
III. Nothing in this section shall be construed to restrict any right which a person may have under any other statute or common law.
359-S:2 Violation; Civil Penalty and Private Action.
I. The department of justice shall be responsible for enforcement of this chapter. A person found in violation of this chapter shall be subject to a civil penalty of up to $500 for a first offense, $5,000 for a second offense, and $10,000 for any subsequent offense.
II. An individual aggrieved by a violation of this chapter may bring a private civil action for injunctive relief, actual damages or $5,000 for each violation, whichever is greater, and reasonable attorney's fees and court costs.
2 Effective Date. This act shall take effect January 1, 2022.