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New Hampshire Deceptive Trade Practices Laws

Companies often inflate the benefits of their products or services in order to entice consumers to spend money, but this crosses the line into illegality when specific claims are exaggerated or falsified. False advertising, passing used goods off as new, and other deceptive trade practices are prohibited by state laws. State attorneys general typically bring claims against businesses on behalf of aggrieved consumers, but sometimes they are prosecuted in criminal courts.

New Hampshire Deceptive Trade Practice Laws at a Glance

The state of New Hampshire prohibits a whole range of deceptive trade practices, not unlike the laws in other states. Contact the office of the New Hampshire Attorney General if you would like to file a consumer complaint.

More details of New Hampshire's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.

Uniform Deceptive Trade Practices Act Adopted Yes (§358A:2 et seq.)
False Advertising Forbidden? Yes (§358A:2)
Auto Odometer Tampering Forbidden? Yes (§262.17) first offense misdemeanor, 2nd offense Class B felony
Other Types of Trade Practices Considered Deceptive
  • Passing off goods or services as those of another
  • Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services
  • Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another
  • Using deceptive representations or designations of geographic origin in connection with goods or services;
  • 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
  • Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand
  • 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
  • Disparaging the goods, services, or business of another by false or misleading representation of fact
  • Advertising goods or services with intent not to sell them as advertised
  • Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity ("bait and switch")
  • Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
Who May Bring Suit Attorney General, consumer protection (§358A:4); private actions (§358A:10), class actions (§358A:10a)
Remedies Available Misdemeanor penalty (§358A:6); injunctive; equitable relief; attorney's fees; actual damages or $1,000 whichever is greater; willful violation up to treble damages not less than double damages (§358A:10); state civil penalties up to $10,000 per violation (§358A:4)

Note: State laws are subject to change at any time through the decisions of higher courts, the enactment of newly signed legislation, and other means. You should contact a New Hampshire consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.

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New Hampshire Deceptive Trade Practice Laws: Related Resources

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