Consumer Protection Act Protects Individuals and Small Businesses

In New Hampshire, individuals and small businesses are fortunate to have an important law protecting them from unfair and deceptive trade practices by unscrupulous people and businesses.  The NH Consumer Protection Act prohibits unfair and deceptive actions and provides consumers with remedies which are more substantial than might otherwise be available. 

For example, RSA 358-A:10 allows consumers the right to seek damages awards for each violation of the law, and to have their attorney's fees paid by the other party if they prevail.  If the other party is determined by a court to have violated the law wilfully or knowingly, then the court must award "as much as 3 times, but not less than 2 times" the damages.

Because this law tends to balance the playing field between corporations and individuals, many larger business entities and powerful individuals do not like the law, and they have sought to weaken or eliminate the law through the legislature on several occasions.  This is because the law makes it easier for individuals to find an attorney willling to take on their cases, and makes it less risky to bring a case because they may recover attorney's fees from the other party if they prevail.

Larger corporations know that the Consumer Protection Act gives individuals and small businesses more power.  Therefore, it is likely they will continue to attempt to chip away at this law.  Individuals and small businesses in NH would be wise to stay informed of such legislative initiatives and oppose them.