New Hampshire Revised Statutes 359-C:21 – Violation
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I. Any person injured by any violation under this subdivision may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages. If the court finds that 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.
II. The New Hampshire attorney general’s office shall enforce the provisions of this subdivision pursuant to N.H. Rev. Stat. § 358-A:4.
III. The burden shall be on the person responsible for the determination under N.H. Rev. Stat. § 359-C:20, I to demonstrate compliance with this subdivision.
II. The New Hampshire attorney general’s office shall enforce the provisions of this subdivision pursuant to N.H. Rev. Stat. § 358-A:4.
Terms Used In New Hampshire Revised Statutes 359-C:21
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plaintiff: The person who files the complaint in a civil lawsuit.
III. The burden shall be on the person responsible for the determination under N.H. Rev. Stat. § 359-C:20, I to demonstrate compliance with this subdivision.