HB465: relative to jury trials in consumer protection act cases.

HB 465-FN - AS INTRODUCED

2019 SESSION

19-0586

04/03

HOUSE BILL 465-FN

AN ACT relative to jury trials in consumer protection act cases.

SPONSORS: Rep. W. Pearson, Ches. 16

COMMITTEE: Judiciary

ANALYSIS

This bill gives the right to a jury trial to a plaintiff in private consumer protection actions.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0586

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to jury trials in consumer protection act cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Regulation of Business Practices for Consumer Protection; Private Actions. Amend RSA 358-A:10, I to read as follows:

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. The plaintiff shall have the right to a jury trial for an action brought under this section. 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.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

19-0586

1/7/19

HB 465-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to jury trials in consumer protection act cases.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill gives the right to a jury trial to a plaintiff in private consumer protection cases. The Judicial Branch has no information on the number of additional jury trials that may result from this bill. The Branch indicates 97 consumer protection act cases were brought in the superior court since 2017. The estimated average cost of a single day jury trial is $2,258 in FY 2020 and $2,273 in FY 2021.

The Department of Justice would not be involved in private actions related to jury trials for consumer protection act cases. The Department indicates the bill would have on fiscal impact on its operations.

AGENCIES CONTACTED:

Judicial Branch and Department of Justice