TITLE XXXI
TRADE AND COMMERCE
CHAPTER 358-A
REGULATION OF BUSINESS PRACTICES FOR CONSUMER PROTECTION
Section 358-A:1 Definitions
Section 358-A:2 Acts Unlawful
Section 358-A:3 Exempt Transactions; Etc
Section 358-A:4 Administration; Enforcement
Section 358-A:5 Notice
Section 358-A:6 Penalties
Section 358-A:7 Assurance of Discontinuance
Section 358-A:8 Subpoena; Production of Books, Examination of Persons,
Etc
Section 358-A:9 Habitual Violation of Injunction
Section 358-A:10 Private Actions
Section 358-A:10-a Class Actions
Section 358-A:11 Proof Required
Section 358-A:12 Other Actions Saved
Section 358-A:13 Interpretation and Construction of Act
358-A:1 Definitions. – As used in this chapter, the following
terms shall have the following meaning:
I. "Person'' shall include, where applicable, natural
persons, corporations, trusts, partnerships, incorporated or unincorporated
associations, and any other legal entity.
II. "Trade'' and "commerce'' shall include the advertising,
offering for sale, sale, or distribution of any services and any property,
tangible or intangible, real, personal or mixed, and any other article,
commodity, or thing of value wherever situate, and shall include any trade or
commerce directly or indirectly affecting the people of this state.
III. "Documentary material'' shall include the original or a
copy of any book, record, report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription, or other tangible document or
recording, wherever situate.
IV. "Examination of documentary material'' shall include the
inspection, study, or copying of any such material, and the taking of testimony
under oath or acknowledgement in respect of any such documentary material or
copy thereof.
V. "Going out of business sale'' means any sale advertised,
represented or held forth under the designation of: "going out of business,''
"close out,'' "quitting business,'' "discontinuance of business,'' "selling
out,'' "liquidation,'' "lost our lease,'' "must vacate,'' "forced out,''
"removal,'' "branch store discontinuance sale,'' "building coming down,''
"end,'' "final days,'' "last days,'' "lease expires,'' "we give up sale,'' "we
quit sale,'' "reorganization sale,'' or any other advertising or designation by
any other expression similar to any of the foregoing giving notice to the public
that the sale will precede the termination of a business or the abandonment of a
business location.
Source. 1970, 19:1. 1994, 226:1, eff. July 26, 1994.
358-A:2 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 less
than $100 to purchasers which contain expiration dates. Gift certificates having
a face value of $100 or more shall expire when escheated to the state as
abandoned property pursuant to RSA 471-C. This paragraph shall not apply to gift
certificates for which monetary consideration is not given or that are
distributed to a consumer for promotional purposes. Nor shall this paragraph
apply to season passes or coupons that are nonrefundable and nonredeemable.
XIV. Pricing of goods or services in a manner that tends to
create or maintain a monopoly, or otherwise harm competition.
Source. 1970, 19:1. 1973, 383:2. 1986, 137:1. 1994, 226:2, eff. July 26, 1994. 1996, 165:1, eff. Jan. 1, 1997. 1997, 302:1, eff. Jan. 1, 1998. 1999, 49:1, eff. Jan. 1, 2000. 2002, 276:1, eff. July 17, 2002.
358-A:3 Exempt Transactions; etc. – The following transactions
shall be exempt from the provisions of this chapter:
I. Trade or commerce that is subject to the jurisdiction of
the bank commissioner, the director of securities regulation, the insurance
commissioner, the public utilities commission, the financial institutions and
insurance regulators of other states, or federal banking or securities
regulators who possess the authority to regulate unfair or deceptive trade
practices.
II. [Repealed.]
III. Trade or commerce of any person who shows that such
person has had served upon such person by the Federal Trade Commission a
complaint pursuant to 15 U.S.C. 45(b) relating to said trade or commerce until
the Federal Trade Commission has either dismissed said complaint, secured an
assurance of voluntary compliance, or issued a cease and desist order relating
to said complaint pursuant to 15 U.S.C. 45(b);
IV. Publishers, broadcasters, printers, or other persons
engaged in the dissemination of information or reproduction of printed or
pictorial matter who publish, broadcast, or reproduce material without knowledge
of its deceptive character;
IV-a. Transactions entered into more than 3 years prior to
the time the plaintiff knew, or reasonably should have known, of the conduct
alleged to be in violation of this chapter; provided, however, that this section
shall not ban the introduction of evidence of unfair trade practices and
deceptive acts prior to the 3-year period in any action under this chapter;
IV-b. Violations of RSA 205-A which have occurred more than 3
years prior to the complaint alleged to be in violation of this chapter;
V. The burden of proving exemptions from the provisions of
this chapter by reason of paragraphs I, II, III, IV and IV-a of this section
shall be upon the person claiming the exemption.
Source. 1970, 19:1. 1973, 383:3, 4. 1985, 172:1, eff. July 26, 1987. 1996, 165:2-4, eff. Jan. 1, 1997. 2002, 276:2, eff. July 17, 2002.
358-A:4 Administration; Enforcement. –
I. The provisions of this chapter shall be administered and
enforced by the consumer protection and antitrust bureau, department of justice
established by RSA 21-M:8.
II. [Repealed.]
III. (a) Whenever the attorney general has reason to believe
that trade or commerce declared unlawful by this chapter has been, is being or
is about to be conducted by any person, the attorney general may bring an action
in the name of the state against such person to restrain by temporary or
permanent injunction the use of such trade or commerce and may petition the
court for an order of restitution of money or property to any person or class of
persons injured thereby. The action may be brought in the superior court of the
county in which the person allegedly in violation of this chapter resides or in
which the principal place of business is located, or, with the consent of the
parties or if the person is a nonresident and has no place of business within
the state, in the superior court of Merrimack county.
(b) Upon a finding that any person has
engaged or is engaging in any act or practice declared unlawful by this chapter,
the court may make any necessary order or judgment and may award to the state
civil penalties up to $10,000 for each violation of this chapter. No such order
shall require the payment of civil penalties until the process of appeal has
been exhausted. Any such order or judgment shall be prima facie evidence in any
action brought under RSA 358-A:10 that the respondent has engaged in an act or
practice declared unlawful by this chapter. For the purpose of this section, the
court shall determine the number of unlawful acts or practices which have
occurred without regard to the number of persons affected thereby. It shall be
an affirmative defense to the assessment of civil penalties that the defendant
acted pursuant to a good faith misunderstanding concerning the requirements of
this chapter.
III-a. In connection with any action brought under paragraph
III, the attorney general may also petition the court to appoint a receiver to
take charge of the business of any person during the course of litigation when
the attorney general has reason to believe that such an appointment is necessary
to prevent such person from continuing to engage in any act or practice declared
unlawful by this chapter and of preserving the assets of said person to restore
to any other person any money or property acquired by any unlawful act or
practice. The receiver shall have the authority to sue for, collect, receive and
take into the receiver's possession all the goods and chattels, rights and
credits, moneys and effects, lands and tenements, books, records, documents,
papers, choses in action, bills, notes and property of every description,
including property with which such property has been mingled if it cannot be
identified in kind because of such commingling derived by means of any unlawful
act or practice, and to sell, convey and assign the same and hold, dispose and
distribute the proceeds thereof under the direction of the court. Any person who
has suffered damages as a result of the use of any unlawful act or practice and
submits proof to the satisfaction of the court that such person has in fact been
damaged, may participate with general creditors in the distribution of the
assets to the extent that the person has sustained out-of-pocket losses. In the
case of a partnership or business entity, the receiver shall settle the estate
and distribute the assets under the direction of the court. The court shall have
jurisdiction of all questions arising in such proceedings and may make such
orders and judgments as may be required. In lieu of the foregoing procedure, the
court may permit any person alleged to have violated this chapter to post a bond
in a manner and in an amount to be fixed by the court. The bond shall be made
payable to the state and may be distributed by the court only after a decision
on the merits and the process of appeals has been exhausted.
IV. Any county attorney or law enforcement officer receiving
notice of any alleged violation of this chapter shall immediately forward
written notice of the same with any other information that the county attorney
or law enforcement officer may have to the department of justice.
Source. 1970, 19:1. 1975, 417:1-3. 1979, 171:1. 1985, 300:7, I, 23; 300:30, eff. July 1, 1987; 410:8, eff. July 3, 1985. 1996, 165:5, 6, eff. Jan. 1, 1997.
358-A:5 Notice. – At least 10 days prior to commencement of any action under RSA 358-A:4, the attorney general shall notify the person of the attorney general's intended action, and give the person an opportunity to confer with the attorney general, or agent, in person or by counsel or other representative as to the proposed action. Said notice shall be given by mail, postage prepaid, sent to the person's usual place of business, or, if none, to the person's last known address. Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may after receipt thereof destroy or move or cause to be destroyed or cause to be moved any assets which might otherwise be available to claims of restitution, leave the state or cause material witnesses to leave the state, or take other action or omit to perform other duties to the immediate and irreparable harm of the public.
Source. 1970, 19:1. 1975, 417:4, eff. Aug. 15, 1975. 1996, 165:7, eff. Jan. 1, 1997.
358-A:6 Penalties. –
I. Any person convicted of violating RSA 358-A:2 hereof shall
be guilty of a misdemeanor if a natural person, or guilty of a felony if any
other person.
II. Any person who violates the terms of an injunction issued
under RSA 358-A:4, III, shall be guilty of a misdemeanor if a natural person, or
guilty of a felony if any other person. For the purposes of this section, the
court issuing said injunction shall retain jurisdiction.
III. Any person who subverts the intent and purposes of this
chapter by filing false, misleading, or substantially inaccurate statements with
the attorney general for the purposes of effecting prosecution under this
chapter shall be guilty of a violation.
IV. If any person is found to have engaged in any act or
practice declared unlawful by this chapter, the court may award to the state in
any action brought under this chapter all legal costs and expenses. RSA 525:12
shall apply to civil actions commenced under this chapter.
Source. 1970, 19:1. 1973, 529:85. 1975, 417:5, eff. Aug. 15, 1975.
358-A:7 Assurance of Discontinuance. – Nothing contained in this chapter shall be construed as preventing the attorney general, in cases in which the attorney general is authorized to bring an action, from accepting in lieu thereof an assurance of discontinuance of any act or practice which violates this chapter. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the attorney general, or of an amount to be held in escrow pending the outcome of an action, or of an amount to restore to any person any money or real or personal property which may have been acquired by such alleged violator, or all 3. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Merrimack county. Matters thus closed may be reopened by the attorney general at any time it is in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter commenced by the attorney general.
Source. 1970, 19:1, eff. April 30, 1970. 1996, 165:8, eff. Jan. 1, 1997.
358-A:8 Subpoena; Production of Books, Examination of Persons, etc. –
I. AUTHORITY OF ATTORNEY GENERAL. The attorney general shall
have the power to subpoena and subpoena duces tecum in the name of the attorney
general for the purposes of this chapter. Witnesses summoned by the attorney
general shall be paid the same fee and mileage that are paid witnesses in the
superior court of the state. A subpoena or subpoena duces tecum of the attorney
general may be served by any person designated in the subpoena or subpoena duces
tecum to serve it. The attorney general may administer an oath or affirmation to
any person and conduct hearings in aid of any investigation. The attorney
general may also require any person to make a statement in writing under oath
concerning any matter under investigation provided that the due date for receipt
of such a statement shall be no sooner than 10 calendar days after receipt of
such demand. Any testimony or statement given by any person so sworn shall be
subject to the pains and penalties of perjury.
II. Without limiting the authority granted in paragraph I,
whenever the attorney general believes any person to be or to have been in
violation of this chapter, the attorney general may examine or cause to be
examined for that purpose any books, records, papers, or other documentary
materials, or may examine any person under oath and subject to the pains and
penalties of perjury that the attorney general thinks may have knowledge of such
violation. For such examination, the attorney general may require the person to
appear at such person's place of residence, place of business or any place in
this state.
III. NOTICE.
(a) The attorney general shall serve notice
of the time, place, and cause of said examination at least 10 days prior to the
date of the examination. Service of any such notice may be made by:
(1) Delivering a duly
executed copy of the notice to the person to be served or an agent authorized by
law to receive service of process; or
(2) Delivering a duly
executed copy of the notice to the person's principal place of business in this
state, if any; or
(3) Registered mail,
return receipt requested, to the person to be served, or an agent authorized by
law to receive service of process. These limitations do not apply to a written
statement required under paragraph I which can be required by a reasonable
notice thereof.
(b) Such notice need not be given if the
attorney general has reason to believe that any potential recipient of such
notice may move, conceal, alter or destroy, or cause to be moved, concealed,
altered or destroyed, any documents to which it refers, or move or conceal or
cause to be moved or concealed any person whose testimony is sought pursuant
thereto. In any of such cases, the notice served by the attorney general
pursuant to this paragraph may require the immediate production or examination
of any document or person therein referred to.
IV. LIMITATIONS. No such notice shall make improper or
unreasonable requirements, nor require the production of privileged information.
V. EXTENSION; MODIFICATION. At any time prior to the date
specified in the notice, or within 21 days after the notice has been served,
whichever period is shorter, the superior court may, upon motion for good cause
shown, extend said reporting date, or modify or set aside the demand. The motion
may be filed in the superior court of the county in which the person resides or
in which the person's usual place of business is located, or in Merrimack
county.
VI. USE OF I%Snformation%S. Any information, testimony, or
documentary material obtained under the authority of this section shall be used
only for one or more of the following purposes:
(a) In connection with investigations
instituted under this chapter or for the prosecution of legal proceedings
instituted under this chapter or other provisions of the RSA; and
(b) In connection with any formal or
informal program of or request for information exchange between the department
of justice and any other local, state or federal law enforcement agency.
However, no information or material obtained or used pursuant to the authority
of this section shall be released publicly by any governmental agency except in
connection with the prosecution of legal proceedings instituted under this
chapter or other provisions of the RSA. In addition, any information, testimony
or documentary material obtained or used pursuant to a protective order shall
not be exchanged or released, as provided herein, publicly except in compliance
with such protective order.
VII. PENALTY. Any person who fails to comply with any notice
served upon such person under this section shall be fined not more than $5,000.
Source. 1970, 19:1. 1975, 417:6-8. 1985, 300:7, I(a). 1996, 165:9-11, eff. Jan. 1, 1997.
358-A:9 Habitual Violation of Injunction. – Upon petition by the attorney general, the court may order, for habitual violation of injunctions issued pursuant to RSA 358-A:4, III, the dissolution, suspension, or forfeiture of franchise of any corporation, or the right of any foreign corporation to do business in the state.
Source. 1970, 19:1, eff. April 30, 1970.
358-A:10 Private Actions. –
I. Any person injured by another's use of any method, act or
practice declared unlawful under this chapter 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 or $1,000, whichever is greater. If the court finds
that the use of the method of competition or 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. Upon commencement of any action brought under this
section, the clerk of the court shall mail a copy of the complaint or other
initial pleadings to the attorney general and, upon entry of any judgment or
decree in the action, shall mail a copy of such judgment or decree to the
attorney general.
Source. 1970, 19:1. 1975, 417:9. 1981, 243:1. 1994, 226:3, eff. July 26, 1994.
358-A:10-a Class Actions. –
I. Persons entitled to bring an action under RSA 358-A:10
may, if the unlawful act or practice has caused similar injury to numerous other
persons, institute an action as representative or representatives of a class of
persons who are residents of this state or whose cause of action arose within
this state against one or more defendants as individuals or as representatives
of a class or against one or more such defendants having a principal place of
business within this state, and the petition shall allege such facts as will
show that these persons or the named defendants specifically named and served
with process have been fairly chosen and adequately and fairly represent the
whole class, to recover actual damages as provided for in RSA 358-A:10. The
court may require the plaintiff to prove such allegations, unless all of the
members of the class have entered their appearance, and the court may also
determine that it shall not be sufficient to prove such facts by the admissions
of the defendants who have entered their appearance. In any action brought under
this section, the court may order, in addition to actual damages, injunctive or
other equitable relief and reasonable attorney's fees.
II. An action may be maintained as a class action if:
(a) The class is so numerous that joinder
of all members is impracticable; and
(b) There are questions of law or fact
common to the class; and
(c) The claims or defenses of the
representative parties are typical of the claims or defenses of the class; and
(d) The representative parties will fairly
and adequately protect the interests of the class; and, in addition
(e)(1) The prosecution of a separate action
by or against individual members of the class would create a risk of:
A.
Inconsistent or varying adjudications with respect to individual members of the
class which would establish incompatible standards of conduct for the party
opposing the class; or
B.
Adjudications with respect to individual members of the class which would as a
practical matter be dispositive of the interests of the other members not
parties to the adjudications or substantially impair or impede their ability to
protect their interests; or
(2) The party opposing
the class has acted or refused to act on grounds generally applicable to the
class, thereby making appropriate final injunctive relief or corresponding
declaratory relief with respect to the class as a whole; or
(3) The court finds that
the questions of law or fact common to the members of the class predominate over
any questions affecting only individual members, and that a class action is
superior to other available methods for the fair and efficient adjudication of
the controversy. The matters pertinent to the findings include: the interest of
members of the class in individually controlling the prosecution or defense of
separate actions; the extent and nature of any litigation concerning the
controversy already commenced by or against members of the class; the
desirability or undesirability of concentrating the litigation of the claims in
the particular forum; and the difficulties likely to be encountered in the
management of a class action.
III. As soon as practicable after the commencement of an
action brought as a class action, the court shall determine by order whether it
is to be so maintained. Such order may be conditional, and may be altered or
amended before the decision on the merits.
IV. In any class action maintained other than under paragraph
II(e)(2), the court shall direct to the members of the class the best notice
practicable under the circumstances, which may include, as the plaintiff so
elects, either individual notice or publication or both.
(a) If the plaintiff elects notice by
publication, the notice shall advise each member that:
(1) The court will
include the member in the class if such member so requests by a specified date;
(2) The judgment, whether
favorable or not, will include all members who request inclusion; and
(3) Any member who does
request inclusion may, if the member desires, enter an appearance through the
member's counsel.
(b) If the plaintiff elects individual
notice, the notice shall advise each member that:
(1) The court will
include the member in the class unless the member requests exclusion by a
specified date;
(2) The judgment, whether
favorable or not, will include all members who do not request exclusion;
(3) Any member who does
not request exclusion may, if the member desires, enter an appearance through
the member's counsel.
V. The judgment in an action maintained as a class action
under paragraph II(e)(2), whether or not favorable to the class, shall include
and describe those whom the court finds to be members of the class. The judgment
in an action maintained as a class action under paragraph II(e)(1) or (3),
whether or not favorable to the class, shall include and specify or describe
those who have requested inclusion and those who have not requested exclusion as
provided in paragraph IV, and whom the court finds to be members of the class.
VI. When appropriate, an action may be brought or maintained
as a class action with respect to particular issues, or a class may be divided
into subclasses and each subclass treated as a class, and this section shall
then be construed and applied accordingly.
VII. In the conduct of actions to which this section applies,
the court may make appropriate orders:
(a) Determining the course of proceedings
or prescribing measures to prevent undue repetition or complication in the
presentation of evidence or argument;
(b) Requiring, for the protection of the
members of the class or otherwise for the fair conduct of the action, that
notice be given in such manner as the court may direct to some or all of the
members of any step in the action, or of the proposed extent of the judgment, or
of the opportunity of members to signify whether they consider the
representation fair and adequate, to intervene and present claims or defenses,
or otherwise to come into the action;
(c) Imposing conditions on the
representative parties or on intervenors;
(d) Requiring that the pleadings be amended
to eliminate therefrom allegations as to representation of absent persons, and
that the action proceed accordingly;
(e) Dealing with similar procedural
matters.
VIII. An action once determined to be a class action shall
not be dismissed or compromised without the approval of the court, and notice of
the proposed dismissal or compromise shall be given to all members of the class
in such manner as the court directs.
IX. Upon commencement of any action brought under this
section, the clerk of the court shall mail a copy of the complaint or other
initial pleading to the attorney general and, upon entry of any judgment or
decree in the action, shall mail a copy of such judgment or decree to the
attorney general.
X. (a) The judgment in an action maintained as a class
action, whether or not favorable to the class, shall include and describe those
to whom notice was directed, and whom the court finds to be members of the class
and, in an action in which a money judgment is sought, shall not affect the
rights of any person who was not included through use of the judgment by way of
collateral estoppel or otherwise. In an action in which a money judgment is
sought and which is determined in favor of the members of the class, after proof
by each member of the existence and extent of that member's actual monetary
damage, judgment shall be entered stating the amount awarded to each such
member, and the total amount of damages assessed against the defendant shall not
exceed the aggregate of the total amount awarded to each such member plus legal
expenses and costs as awarded by the court.
(b) If the court renders judgment in favor
of a plaintiff class, the court may order the defendant to pay damages directly
to members of the class, or order the defendant to pay damages into the court
and require each member of the class to file a claim with the court. If within
one year after the date of final judgment, any plaintiff fails to file a claim
for damages actually awarded the plaintiff or cannot be located despite diligent
efforts by the parties, the amount of damages actually awarded the plaintiff
will be refunded to the paying defendant.
(c) Any judgment awarding damages to one
party against a second party in a class action or counterclaim therein may be
set off against any other judgment awarding damages to the second party against
the first party in such action or counterclaim.
Source. 1975, 417:10, eff. Aug. 15, 1975. 1996, 165:12, 13, eff. Jan. 1, 1997.
358-A:11 Proof Required. – In order to prevail in any prosecution under this chapter, it is not necessary to prove actual confusion or misunderstanding.
Source. 1970, 19:1, eff. April 30, 1970.
358-A:12 Other Actions Saved. – This chapter does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.
Source. 1970, 19:1, eff. April 30, 1970.
358-A:13 Interpretation and Construction of Act. – It is the intent of the legislature that in any action or prosecution under this chapter, the courts may be guided by the interpretation and construction given Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), by the Federal Trade Commission and the federal courts.
Source. 1975, 417:11, eff. Aug. 15, 1975.
