Text to be removed highlighted in red.
1 New Chapter; Price Discrimination Based on Gender. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
PRICE DISCRIMINATION BASED ON GENDER
354-C:1 Definitions.
I. For the purposes of this chapter:
(a) "Business" shall mean any business acting within the state of New Hampshire that sells goods to any individual or entity including, but not limited to, retailers, suppliers, manufacturers, or distributors;
(b) "Goods" shall mean any consumer product used, bought, or rendered primarily for personal, family, or household purposes;
(c) "Services" shall mean any consumer services used, bought, or rendered primarily for personal, family, or household purposes;
(d) "Substantially similar" shall mean:
(1) Two goods that exhibit all of the following characteristics:
(A) No substantial differences in the materials used in production;
(B) The intended use is similar;
(C) The functional design and features are similar; and
(D) The brand is the same or both brands are owned by the same individual or entity.
(2) Two services that exhibit no substantial difference in:
(A) The amount of time to provide the services;
(B) The difficulty in providing the services; and
(C) The cost of providing the services.
354-C:2 Pricing Goods and Services on the Basis of Gender Prohibited.
I. No person, firm, partnership, company, corporation, or business shall charge a price for any two goods that are substantially similar, if such goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended.
II. No person, firm, partnership, company, corporation, or business shall charge a price for any services that are substantially similar if such services are priced differently based upon the gender of the individuals for whom the services are performed, offered, or marketed.
III. Nothing in this section prohibits price differences in goods or services based specifically upon the following:
(a) the amount of time it took to manufacture such goods or provide such services;
(b) the difficulty in manufacturing such goods or offering such services;
(c) the cost incurred in manufacturing such goods or offering such services;
(d) the labor used in manufacturing such goods or providing such services;
(e) the materials used in manufacturing such goods or providing such services; or
(f) any other gender-neutral reason for having increased the cost of such goods or services.
354-C:3 Enforcement.
I. Whenever the attorney general or designee has cause to believe that a violation of this chapter has occurred, the attorney general or designee may, upon notice to the defendant of not less than 5 days, seek a court order to enjoin and restrain the continuance of those violations.
II. If a court finds that the defendant has violated this chapter, an injunction may be issued by the court enjoining or restraining any violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The court may order restitution, if applicable.
III. If a court finds that the defendant has violated this chapter, a court may impose a civil penalty not to exceed $250 for the first violation, and a civil penalty not to exceed $500 for each subsequent violation.
IV. For the purposes of this section, each instance of charging a different price for two goods that are substantially similar, as specified in 354-C:1, I(d), shall constitute a single violation.
2 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Chapter; Price Discrimination Based on Gender. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
PRICE DISCRIMINATION BASED ON GENDER
354-C:1 Definitions.
I. For the purposes of this chapter:
(a) "Business" shall mean any business acting within the state of New Hampshire that sells goods to any individual or entity including, but not limited to, retailers, suppliers, manufacturers, or distributors;
(b) "Goods" shall mean any consumer product used, bought, or rendered primarily for personal, family, or household purposes;
(c) "Services" shall mean any consumer services used, bought, or rendered primarily for personal, family, or household purposes;
(d) "Substantially similar" shall mean:
(1) Two goods that exhibit all of the following characteristics:
(A) No substantial differences in the materials used in production;
(B) The intended use is similar;
(C) The functional design and features are similar; and
(D) The brand is the same or both brands are owned by the same individual or entity.
(2) Two services that exhibit no substantial difference in:
(A) The amount of time to provide the services;
(B) The difficulty in providing the services; and
(C) The cost of providing the services.
354-C:2 Pricing Goods and Services on the Basis of Gender Prohibited.
I. No person, firm, partnership, company, corporation, or business shall charge a price for any two goods that are substantially similar, if such goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended.
II. No person, firm, partnership, company, corporation, or business shall charge a price for any services that are substantially similar if such services are priced differently based upon the gender of the individuals for whom the services are performed, offered, or marketed.
III. Nothing in this section prohibits price differences in goods or services based specifically upon the following:
(a) the amount of time it took to manufacture such goods or provide such services;
(b) the difficulty in manufacturing such goods or offering such services;
(c) the cost incurred in manufacturing such goods or offering such services;
(d) the labor used in manufacturing such goods or providing such services;
(e) the materials used in manufacturing such goods or providing such services; or
(f) any other gender-neutral reason for having increased the cost of such goods or services.
354-C:3 Enforcement.
I. Whenever the attorney general or designee has cause to believe that a violation of this chapter has occurred, the attorney general or designee may, upon notice to the defendant of not less than 5 days, seek a court order to enjoin and restrain the continuance of those violations.
II. If a court finds that the defendant has violated this chapter, an injunction may be issued by the court enjoining or restraining any violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The court may order restitution, if applicable.
III. If a court finds that the defendant has violated this chapter, a court may impose a civil penalty not to exceed $250 for the first violation, and a civil penalty not to exceed $500 for each subsequent violation.
IV. For the purposes of this section, each instance of charging a different price for two goods that are substantially similar, as specified in 354-C:1, I(d), shall constitute a single violation.
2 Effective Date. This act shall take effect January 1, 2025.