N.H. Rev. Stat. § 358-A:2

Current through Chapter 381 of the 2024 Legislative Session

Section 358-A:2 - [Effective Until 1/1/2025] Acts Unlawful

It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:

I. Passing off goods or services as those of another;

II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;

IV. Using deceptive representations or designations of geographic origin in connection with goods or services;

V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;

VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;

IX. Advertising goods or services with intent not to sell them as advertised;

X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;

XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

XII. Conducting or advertising a going out of business sale:

(a) Which lasts for more than 60 days;

(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;

(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller's course of business;

(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller's course of business;

(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;

(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;

(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or

(h) In a manner other than the name implies.

XIII. Selling gift certificates having a face value of $250 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $250 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.

XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition, including the pricing of generic prescription drugs.

XV. Failure of a facility, as defined in RSA 161-M:2, or person to comply with the provisions of RSA 161-M regarding the senior citizens bill of rights.

XVI. Failing to deliver home heating fuel in accordance with a prepaid contract.

XVII. Charging or receiving, or soliciting to charge or receive, an unreasonable fee to prepare or aid any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of any aid or services from the United States Department of Veterans Affairs, the New Hampshire division of veterans services, or any other public agency. For the purpose of this paragraph, an "unreasonable fee" means a fee that is exorbitant and disproportionate to the services performed.

XVIII. Issuing clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.

RSA 358-A:2

Amended by 2021 , 183: 4, eff. 1/1/2022.

Amended by 2020 , 13: 7, eff. 7/16/2020.

Amended by 2019 , 273: 7, eff. 9/17/2019.

Amended by 2017 , 105: 1, eff. 1/1/2018.

Amended by 2016 , 279: 3, eff. 7/1/2017.

Amended by 2014 , 300: 5, eff. 1/1/2015.

Amended by 2014 , 203: 2, eff. 1/1/2015.

1970, 19:1. 1973, 383:2. 1986, 137:1. 1994, 226:2. 1996, 165:1. 1997, 302:1. 1999, 49:1. 2002, 276:1. 2003, 193:2. 2004, 228:1, eff. Aug. 10, 2004.

This section is set out more than once due to postponed, multiple, or conflicting amendments.