New Hampshire

• Pages: 401-408

401

CHAPTER 31

NEW HAMPSHIRE

A. Scope of the Statute and Elements of a Cause of Action

The New Hampshire Consumer Protection Act (NHCPA)1 renders

unlawful “any unfair method of competition or any unfair or deceptive act

or practice in the conduct of any trade or commerce.”2 In addition to the

general prohibition, the NHCPA includes a nonexclusive list of conduct

that also violates the NHCPA. Such conduct includes: (1) passing off; (2)

causing confusion as to source; (3) deceptively representing geographic

origin of goods or services; (4) falsely representing the “sponsorship,

approval, characteristics, ingredients, uses, benefits, or quantities” of

goods or services; (5) falsely representing that goods are original or new

when they are not or that goods or services are of a particular standard,

quality, or grade if they are not; (6) falsely representing facts so as to

disparage the goods, services, or business of another; (7) falsely

advertising “goods or services with intent not to sell them as advertised”;

(8) “advertising goods or services with intent not to supply reasonably

expectable public demand, unless the advertisement discloses a limitation

of quantity”; (9) falsely stating the reason for, existence of, or amount of

price reductions; (10) conducting or advertising a going-out-of-business

sale that fails to conform to specific rules to assure that it is not misleading;

(11) certain practices in the sale of gift certificates; and (12) the pricing of

goods or services in a manner that tends to create or maintain a monopoly

or otherwise harm competition.3

In interpreting the NHCPA, the legislature has stated its intention that

the courts be guided by the interpretations given to section 5(a)(1) of the

FTC Act by the FTC and federal courts.4

The legislature has stated that violations of certain other statutes also

violate the NHCPA. Those statutes include provisions regulating

1. N.H. REV. STAT. ANN. §§ 358-A:l to 358-A:l3.

2. Id. § 358-A:2.

3. Id. § 358-A:2(I)-(XIV). The restrictions on the sale of gift certificates are

preempted by federal law as to products sold by national banks. SPGGC,

LLC v. Ayotte, 488 F.3d 525, 536 (1st Cir. 2007).

4. N.H. REV. STAT. ANN. § 358-A:13.