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RSA 358-A:3 · Exempt Transactions; Etc

Title
XXXI: TRADE AND COMMERCE
Chapter
358-A · REGULATION OF BUSINESS PRACTICES FOR CONSUMER PROTECTION
Status
current
Official source linked
Yes
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358-A:3 Exempt Transactions; Etc. – The following transactions shall be exempt from the provisions of this chapter:

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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. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles.

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II.

[Repealed.]

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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).

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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.

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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. 1996, 165:2-4. 2002, 276:2. 2004, 141:1, eff. July 23, 2004.

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Source note

Source. 1970, 19:1. 1973, 383:3, 4. 1985, 172:1. 1996, 165:2-4. 2002, 276:2. 2004, 141:1, eff. July 23, 2004.

Source history

  • 1970, 19:1
  • 1973, 383:3, 4
  • 1985, 172:1
  • 1996, 165:2-4
  • 2002, 276:2
  • 2004, 141:1, eff. July 23, 2004

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  • 2026 HB1262 reference

    ecretary of state. The form shall conspicuously bear the warning that making a false statement on the form shall constitute an unfair or deceptive act or practice in violation of RSA 358-A. The report shall be signed by the dealer. If the dealer is a corporation, the report shall be signed by either the president or an officer of the corporation and shall include a list of all of the members of the boar

  • 2026 HB1262-FN reference

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  • 2026 HB1589 amend

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    r other software by landlords. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Rental Property Price Fixing. Amend RSA 358-A by inserting after section 13 the following new subdivision: Rental Property Price Fixing 358-A:14 Property Price Fixing Software. I. The use of any type of price-fixing software by any landlord shall constitut

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    urt costs incurred in bringing the action. 507-H:19 Deceptive Trade Practice. A violation of this subdivision by a data broker shall constitute a deceptive trade practice under RSA 358-A and shall be actionable under that chapter. 507-H:20 Rules. The secretary of state shall adopt rules as necessary to implement this subdivision. 4 Effective Date. This act shall take effect January 1, 2027.

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    urt costs incurred in bringing the action. 507-H:19 Deceptive Trade Practice. A violation of this subdivision by a data broker shall constitute a deceptive trade practice under RSA 358-A and shall be actionable under that chapter. 507-H:20 Rules. The secretary of state shall adopt rules as necessary to implement this subdivision. 4 Effective Date. This act shall take effect January 1, 2027.

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