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1 New Section; 354-B. Amend RSA 354-B by inserting after section 354-B:2 the following new section:
354-B:2-a Private Rights of Action.
I. Any person who has been subjected to, or the target of, the unlawful interference with, or the attempt to interfere with, the rights secured by this chapter, may bring a private action under chapter 354-B.
II. Any person injured by another's use of any method, act, or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court or jury finds for the plaintiff, recovery shall be in the amount of actual damages or $10,000, whichever is greater. If the court or jury finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.
III. Upon commencement of any action brought under this section, the clerk of 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.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Section; 354-B. Amend RSA 354-B by inserting after section 354-B:2 the following new section:
354-B:2-a Private Rights of Action.
I. Any person who has been subjected to, or the target of, the unlawful interference with, or the attempt to interfere with, the rights secured by this chapter, may bring a private action under chapter 354-B.
II. Any person injured by another's use of any method, act, or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court or jury finds for the plaintiff, recovery shall be in the amount of actual damages or $10,000, whichever is greater. If the court or jury finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court.
III. Upon commencement of any action brought under this section, the clerk of 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.
2 Effective Date. This act shall take effect January 1, 2026.