New Hampshire Law Blog

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.

Foreclosure - Homeowners may be Targets

There are many reasons why a borrower might be unable to make loan payments on a mortgage. Anyone can lose a job, become disabled or just make a mistake on a budget plan. Sometimes, lenders are willing to work with borrowers to solve the problems and avoid foreclosure.

Sometimes, though, the lender does decide to foreclose. And there are people watching the newspapers and other sources to find out who is being foreclosed upon. These people (or companies) may try to contact borrowers and offer to help, and they may even offer to stop the foreclosure. But there are strings attached, so beware.

Before a borrower enters into any kind of agreement with someone promising to prevent a foreclosure, that borrower should consult an attorney. Often the companies seeking to intervene in a foreclosure may not be acting in the best interest of the borrower. And there is a great deal of risk to the borrower if the company does not follow-through with its promises.

Borrowers must be wary of strangers contacting them during the challenging time of a foreclosure. It is possible that these strangers may offer a great benefit, and may even help a borrower save their home. But it is also possible that the agreements they offer might cause more harm than good. Do not assume that strangers have good intentions under these circumstances