Home / Advice / NH Consumer Protection Act (RSA 358-A) — Treble Damages
consumer protectionUnited States · New Hampshire (Statewide)Difficulty: Medium

NH Consumer Protection Act (RSA 358-A) — Treble Damages

New Hampshire's Consumer Protection Act (RSA 358-A) is one of the strongest in the country: it provides for actual or statutory damages plus DOUBLE OR TREBLE damages for willful or knowing violations, and mandatory attorney's fees for prevailing plaintiffs (RSA 358-A:10). Private parking enforcement, booting, and 'invoice' companies operating in NH are squarely within the statute. Common violations: (1) deceptive 'invoice' that mimics a government citation; (2) implied threats of credit reporting or DMV holds the operator cannot lawfully impose; (3) charges in excess of disclosed signage; (4) refusing to identify a hearing officer or dispute mechanism; (5) collecting fees while not licensed where licensing is required. The treble-damages exposure makes settlement leverage in NH very strong even for small parking invoices.

Legal basis

RSA 358-A:1-14 (NH Consumer Protection Act); §358-A:2 (prohibited practices); §358-A:10 (private right of action, double/treble damages, attorney's fees)

Sample appeal wording

[DATE] — VIA CERTIFIED MAIL [Operator] [Address] Re: Demand Under NH Consumer Protection Act, RSA 358-A — Notice [NUMBER] This letter constitutes formal demand under RSA 358-A regarding the parking-related charge of $[AMOUNT] issued on [DATE] for vehicle [PLATE] at [LOCATION]. Your firm has engaged in unfair and deceptive acts in violation of RSA 358-A:2: 1. The notice mimics a government citation in form and language, deceiving recipients into believing it is an official municipal ticket. 2. The notice implies adverse credit-bureau or DMV consequences your firm has no authority to impose. 3. [The fee exceeds the amount disclosed on signage at the lot / signage was inadequate to provide notice of the charge]. 4. Your firm provides no neutral dispute mechanism. Under RSA 358-A:10, willful violations expose your firm to DOUBLE or TREBLE damages plus mandatory attorney's fees. WITHIN 30 DAYS I demand: (a) written confirmation that the charge is voided; (b) confirmation that no adverse report has been made; (c) certification of compliance going forward. Failure to comply will result in suit in [COUNTY] Circuit / Superior Court, with a copy of the demand letter to the NH Attorney General's Consumer Protection & Antitrust Bureau under RSA 358-A:4 (which authorizes parens patriae actions and civil penalties of $10,000 per violation). Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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