New Hampshire Revised Statutes 383:10-h – Unfair or Deceptive Act or Practice
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I. No person engaging in trade or commerce, including without limitation, any business, activity, or transaction, that is subject to the jurisdiction of the bank commissioner may act in a manner that is or may be an unfair method of competition or an unfair or deceptive act or practice under N.H. Rev. Stat. § 358-A:2.
II. The commissioner shall have exclusive authority and jurisdiction to investigate conduct that is or may be an unfair method of competition or an unfair or deceptive act or practice under paragraph I, and may bring an administrative action to enforce such provisions as follows:
(a) Any person who violates paragraph I, may, upon notice and opportunity for hearing, and in addition to any such other penalty provided for by law, be subject to suspension, revocation, or denial of any registration, license, or charter, including forfeiture of any application fee, and may be ordered to provide restitution for a person or persons adversely affected by such conduct.
(b) Each method, act, or practice specified shall constitute a separate violation without regard to the number of persons affected thereby.
(c) The commissioner may authorize, with or without prior administrative action, the department of justice to file a civil enforcement action that alleges any unfair method of competition or any unfair or deceptive act or practice under this section. The court may apply any of the remedies allowed under N.H. Rev. Stat. § 358-A:4, III.
(d) Any person who knowingly violates paragraph I, shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. The commissioner shall delegate to the department of justice the authority to investigate criminal conduct under this section, shall provide the department of justice information relevant to the criminal investigation and prosecution of such matters, and shall cooperate with such investigation and prosecution.
II. The commissioner shall have exclusive authority and jurisdiction to investigate conduct that is or may be an unfair method of competition or an unfair or deceptive act or practice under paragraph I, and may bring an administrative action to enforce such provisions as follows:
Terms Used In New Hampshire Revised Statutes 383:10-h
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Any person who violates paragraph I, may, upon notice and opportunity for hearing, and in addition to any such other penalty provided for by law, be subject to suspension, revocation, or denial of any registration, license, or charter, including forfeiture of any application fee, and may be ordered to provide restitution for a person or persons adversely affected by such conduct.
(b) Each method, act, or practice specified shall constitute a separate violation without regard to the number of persons affected thereby.
(c) The commissioner may authorize, with or without prior administrative action, the department of justice to file a civil enforcement action that alleges any unfair method of competition or any unfair or deceptive act or practice under this section. The court may apply any of the remedies allowed under N.H. Rev. Stat. § 358-A:4, III.
(d) Any person who knowingly violates paragraph I, shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. The commissioner shall delegate to the department of justice the authority to investigate criminal conduct under this section, shall provide the department of justice information relevant to the criminal investigation and prosecution of such matters, and shall cooperate with such investigation and prosecution.