Text to be removed highlighted in red.
1 Short Title. This act shall be known as the New Hampshire Predatory College Degree Consumer Protection Act.
2 New Paragraph; Trade and Commerce; Regulation of Business Practices for Consumer Protection; Acts Unlawful. Amend RSA 358-A:2 by inserting after paragraph XVIII the following new paragraph:
XIX. Charging or receiving, or soliciting to charge or receive, an unreasonable rate of tuition for degree programs that exceed the statutory threshold set by RSA 358-A:10-b. For the purpose of this paragraph, an "unreasonable rate" means a rate that is exorbitant and disproportionate to the services performed.
3 New Section; Actions Against Unreasonable Rates of Tuition. Amend RSA 358-A by inserting after section 10-a the following new section:
358-A:10-b Actions Against Unreasonable Rates of Tuition.
I. As used in this section, the following terms shall have the following meaning:
(a) "Educational institution" means post-secondary degree-granting institutions.
(b) "Person" means United States citizens.
II. Any educational institution that charges a tuition rate for a degree that has a total cost (including tuition and fees, but excluding room, board, and transportation) calculated over the average number of semesters required to attain the degree that exceeds the threshold set in paragraph III shall be in violation of RSA 358-A:2.
III. If 30 percent of the average, annualized, 4-year, pre-tax, inflation adjusted salary of graduates of the degree program, whether working in the field that the degree program specializes in or not, is insufficient to cover the annual payment on a 10 year payoff schedule for the total cost of the program at an annual percentage rate equal to that charged on January 1 of the year the degree is completed by the Federal Family Education Loan (FFEL) program, or similar or successor program if FFEL is discontinued, then the educational institution charging such rate shall have exceeded the permissible threshold permitted under this paragraph.
IV. Educational institutions shall be immune from criminal or civil actions under this section if the person or persons involved in the purported transaction with the educational institution:
(a) Is not a United States citizen at the time of matriculation;
(b) Signs, witnesses, and notarizes a form stating, in red ink and in minimum 50 point font:
"I understand that this degree program is abusive under the definition in the New Hampshire Predatory College Degree Consumer Protection Act, and I waive my right to sue for unfair trade practices."
V. Educational institutions that charge tuition rates that exceed the permissable statutory threshold under paragraph III shall, in addition to all other fines, penalties, and remedies provided for in this chapter, be liable to any person for the total cost of tuition and fees paid, plus interest, for the degree program or programs in which the person was enrolled.
VI. The statute of limitations for civil actions under this section shall be 10 years from the date from which a final tuition or fee payment was credited to a person's educational institution account.
VII. Under this section, attorneys fees for class action lawsuits:
(a) Shall be capped at 10 percent of the total amount awarded; and
(b) Shall only be awarded to persons, as defined in this section, and their successors and assigns.
4 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 Short Title. This act shall be known as the New Hampshire Predatory College Degree Consumer Protection Act.
2 New Paragraph; Trade and Commerce; Regulation of Business Practices for Consumer Protection; Acts Unlawful. Amend RSA 358-A:2 by inserting after paragraph XVIII the following new paragraph:
XIX. Charging or receiving, or soliciting to charge or receive, an unreasonable rate of tuition for degree programs that exceed the statutory threshold set by RSA 358-A:10-b. For the purpose of this paragraph, an "unreasonable rate" means a rate that is exorbitant and disproportionate to the services performed.
3 New Section; Actions Against Unreasonable Rates of Tuition. Amend RSA 358-A by inserting after section 10-a the following new section:
358-A:10-b Actions Against Unreasonable Rates of Tuition.
I. As used in this section, the following terms shall have the following meaning:
(a) "Educational institution" means post-secondary degree-granting institutions.
(b) "Person" means United States citizens.
II. Any educational institution that charges a tuition rate for a degree that has a total cost (including tuition and fees, but excluding room, board, and transportation) calculated over the average number of semesters required to attain the degree that exceeds the threshold set in paragraph III shall be in violation of RSA 358-A:2.
III. If 30 percent of the average, annualized, 4-year, pre-tax, inflation adjusted salary of graduates of the degree program, whether working in the field that the degree program specializes in or not, is insufficient to cover the annual payment on a 10 year payoff schedule for the total cost of the program at an annual percentage rate equal to that charged on January 1 of the year the degree is completed by the Federal Family Education Loan (FFEL) program, or similar or successor program if FFEL is discontinued, then the educational institution charging such rate shall have exceeded the permissible threshold permitted under this paragraph.
IV. Educational institutions shall be immune from criminal or civil actions under this section if the person or persons involved in the purported transaction with the educational institution:
(a) Is not a United States citizen at the time of matriculation;
(b) Signs, witnesses, and notarizes a form stating, in red ink and in minimum 50 point font:
"I understand that this degree program is abusive under the definition in the New Hampshire Predatory College Degree Consumer Protection Act, and I waive my right to sue for unfair trade practices."
V. Educational institutions that charge tuition rates that exceed the permissable statutory threshold under paragraph III shall, in addition to all other fines, penalties, and remedies provided for in this chapter, be liable to any person for the total cost of tuition and fees paid, plus interest, for the degree program or programs in which the person was enrolled.
VI. The statute of limitations for civil actions under this section shall be 10 years from the date from which a final tuition or fee payment was credited to a person's educational institution account.
VII. Under this section, attorneys fees for class action lawsuits:
(a) Shall be capped at 10 percent of the total amount awarded; and
(b) Shall only be awarded to persons, as defined in this section, and their successors and assigns.
4 Effective Date. This act shall take effect January 1, 2026.