New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 358-A:2 (2026)
Acts Unlawful
✓ current as of May 2026
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358-A:2 Acts Unlawful. –
It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:
I. Passing off goods or services as those of another;
II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;
IV. Using deceptive representations or designations of geographic origin in connection with goods or services;
V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;
VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;
IX. Advertising goods or services with intent not to sell them as advertised;
X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;
XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or
XII. Conducting or advertising a going out of business sale:
(a) Which lasts for more than 60 days;
(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;
(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller's course of business;
(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller's course of business;
(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;
(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;
(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or
(h) In a manner other than the name implies.
XIII. Selling gift certificates having a face value of $250 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $250 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.
XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition, including the pricing of generic prescription drugs.
XV. Failure of a facility, as defined in RSA 161-M:2, or person to comply with the provisions of RSA 161-M regarding the senior citizens bill of rights.
XVI. Failing to deliver home heating fuel in accordance with a prepaid contract.
XVII. Charging or receiving, or soliciting to charge or receive, an unreasonable fee to prepare or aid any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of any aid or services from the United States Department of Veterans Affairs, the New Hampshire division of veterans services, or any other public agency. For the purpose of this paragraph, an "unreasonable fee" means a fee that is exorbitant and disproportionate to the services performed.
XVIII. Issuing clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.
XIX. Balance billing a covered person in violation of RSA 358-T.
It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following:
I. Passing off goods or services as those of another;
II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
III. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;
IV. Using deceptive representations or designations of geographic origin in connection with goods or services;
V. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that such person does not have;
VI. Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
VII. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
VIII. Disparaging the goods, services, or business of another by false or misleading representation of fact;
IX. Advertising goods or services with intent not to sell them as advertised;
X. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
X-a. Failing to disclose the legal name, street address, and telephone number of the business under RSA 361-B:2-a;
XI. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or
XII. Conducting or advertising a going out of business sale:
(a) Which lasts for more than 60 days;
(b) Within 2 years of a going out of business sale conducted by the same person at the same location or at a different location but dealing in similar merchandise;
(c) Which includes any goods, wares, or merchandise purchased or received 90 days prior to commencement of the sale or during the duration of the sale and which are not ordinarily sold in the seller's course of business;
(d) Which includes any goods, wares, or merchandise ordered for the purpose of selling or disposing of them at such sale and which are not ordinarily sold in the seller's course of business;
(e) Which includes any goods, wares, or merchandise consigned for the purpose of selling or disposing of them at such sale;
(f) Without conspicuously stating in any advertisement for any such sale, the date such sale is to commence or was commenced;
(g) Upon the conclusion of which, that business is continued under the same name or under a different name at the same location; or
(h) In a manner other than the name implies.
XIII. Selling gift certificates having a face value of $250 or less to purchasers which contain expiration dates. Gift certificates having a face value in excess of $250 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C. Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. This paragraph shall not apply to season passes.
XIV. Pricing of goods or services in a manner that tends to create or maintain a monopoly, or otherwise harm competition, including the pricing of generic prescription drugs.
XV. Failure of a facility, as defined in RSA 161-M:2, or person to comply with the provisions of RSA 161-M regarding the senior citizens bill of rights.
XVI. Failing to deliver home heating fuel in accordance with a prepaid contract.
XVII. Charging or receiving, or soliciting to charge or receive, an unreasonable fee to prepare or aid any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of any aid or services from the United States Department of Veterans Affairs, the New Hampshire division of veterans services, or any other public agency. For the purpose of this paragraph, an "unreasonable fee" means a fee that is exorbitant and disproportionate to the services performed.
XVIII. Issuing clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.
[Paragraph XIX effective January 1, 2025.]
XIX. Balance billing a covered person in violation of RSA 358-T.
Source. 1970, 19:1. 1973, 383:2. 1986, 137:1. 1994, 226:2. 1996, 165:1. 1997, 302:1. 1999, 49:1. 2002, 276:1. 2003, 193:2. 2004, 228:1, eff. Aug. 10, 2004. 2014, 203:2 eff. Jan. 1, 2015; 300:5, eff. Jan. 1, 2015. 2016, 279:3, eff. July 1, 2017. 2017, 105:1, eff. Jan. 1, 2018. 2019, 273:7, eff. Sept. 17, 2019. 2020, 13:7, eff. July 16, 2020. 2021, 183:4, eff. Jan. 1, 2022. 2024, 143:2, eff. Jan. 1, 2025.
Notes of Decisions
Cited in 233
cases (44 in the last 5 years), 1975–2026 · leading case: LaChance v. United States Smokeless Tobacco Co., 931 A.2d 571 (N.H. 2007).
LaChance v. United States Smokeless Tobacco Co., 931 A.2d 571 (N.H. 2007). “In their objection to the defendants’ motion for judgment on the pleadings, the plaintiffs argued, among other things, that RSA 358-A:2, XIV (Supp. 2006) provided the authority needed to bring their claims under the CPA.”
Milford Lumber Co. v. RCB Realty, Inc., 780 A.2d 1259 (N.H. 2001). “The Act broadly defines who may bring a private action as “[ajny person injured by another’s use of any method, act or practice declared unlawful under this chapter.” RSA 358-A:10 (emphasis added).”
Fat Bullies Farm, LLC v. Lori Devenport & a., 164 A.3d 990 (N.H. 2017). “CPA Claim Fat Bullies and Simmons argue that the trial court erred in finding that they violated the CPA. See RSA ch. 358-A. They assert, among other things, that their conduct did not rise to the level of a CPA violation-in other words, that it did not constitute an "unfair or…”
In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014). “” N.H.Rev.Stat. § 358-A:2. Similar to the CLRA, the NHCPA provides a non-exhaustive list of prohibited practices, including several prohibitions codifying common law unfair competition.”
Wilcox Indus. Corp. v. Hansen, 870 F. Supp. 2d 296 (D.N.H. 2012). “” N.H.Rev.Stat. Ann. § 358-A:2. The Act provides a non-exhaustive list of prohibited practices, including “[disparaging the goods, services, or business of another by false or misleading representation of fact.”
Luckey v. Alside, Inc., 245 F. Supp. 3d 1080 (D. Minnesota 2017). “44 (Minnesota Deceptive Trade Practices Act, or “MDTPA” 21 ), and N.H. Rev. Stat. § 358-A:2 (New Hampshire Consumer Protection Act, or “NHCPA” 22 ).”
Mueller v. US Pipe & Foundry, 2003 DNH 168 (D.N.H. 2003). “In Count VIII, the plaintiffs assert a claim pursuant to RSA 358-A:2, which prohibits "any unfair method of competition .”
Kowalski v. Cedars of Portsmouth Condo. Ass'n, 769 A.2d 344 (N.H. 2001). “The plaintiff cross-appeals the denial of his Consumer Protection Act claim, contending that the district court erred by: (1) failing to find that the defendant’s conduct was unfair under RSA 358-A:2, V (1995 & Supp.”
Brzica v. Trs. of Dartmouth Coll., 791 A.2d 990 (N.H. 2002). “Consumer Protection Act Count III alleges that the actions of the trustees in counts I and II constitute an unfair or deceptive business practice under the New Hampshire Consumer Protection Act, RSA358-A:2 (Supp. 2001) (Act). RSA 358-A:2 provides that “[i]t shall be unlawful for…”
Camire v. Aetna Life Ins. Co., Inc., 822 F. Supp. 846 (D.N.H. 1993). “§ 408:10-a (1991) and N.H.Rev.StatAnn. § 358-A:2 (1984 & Supp.1992).”
ACAS Acquisitions (Precitech) Inc. v. Hobert, 923 A.2d 1076 (N.H. 2007). “RSA chapter 858-A The defendant contends that ACAS’ refusal to pay his severance benefits qualifies as an unfair act or practice under RSA 358-A:2. Also, the defendant contends that because ACAS’ refusal was willful and knowing, *402 he is entitled to double or treble damages as…”
Green Mountain Realty Corp. v. Fifth Est. Tower, LLC, 13 A.3d 123 (N.H. 2010). “” RSA 358-A:2. After this general proscription, the CPA lists fifteen representative categories of unlawful acts that the legislature has determined constitute unfair methods of competition or unfair or deceptive acts or practices.”
— N.H. Rev. Stat. Ann. § 358-A:2(II) — 4 cases
In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014). “” N.H.Rev.Stat. § 358-A:2. Similar to the CLRA, the NHCPA provides a non-exhaustive list of prohibited practices, including several prohibitions codifying common law unfair competition.”
Optical Alignment Sys. & Inspection Servs., Inc. v. Alignment Servs. of North Am., Inc., 909 F. Supp. 58 (D.N.H. 1995).
Oasis v. Asna, 909 F. Supp. 58 (D.N.H. 1995).
Optical Alignment v. Alignment Servs. (D.N.H. 1995).
— N.H. Rev. Stat. Ann. § 358-A:2(III) — 4 cases
In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014). “” N.H.Rev.Stat. § 358-A:2. Similar to the CLRA, the NHCPA provides a non-exhaustive list of prohibited practices, including several prohibitions codifying common law unfair competition.”
Optical Alignment Sys. & Inspection Servs., Inc. v. Alignment Servs. of North Am., Inc., 909 F. Supp. 58 (D.N.H. 1995).
Oasis v. Asna, 909 F. Supp. 58 (D.N.H. 1995).
Optical Alignment v. Alignment Servs. (D.N.H. 1995).
— N.H. Rev. Stat. Ann. § 358-A:2(V) — 10 cases
In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014). “” N.H.Rev.Stat. § 358-A:2. Similar to the CLRA, the NHCPA provides a non-exhaustive list of prohibited practices, including several prohibitions codifying common law unfair competition.”
Optical Alignment Sys. & Inspection Servs., Inc. v. Alignment Servs. of North Am., Inc., 909 F. Supp. 58 (D.N.H. 1995).
Kyle Guay v. P Sig Sauer, Inc., 2022 DNH 109 (D.N.H. 2022).
Carl Alexander Cohen, v. Boston Sci. Corp., et al., 2024 DNH 028 (D.N.H. 2024).
Oasis v. Asna, 909 F. Supp. 58 (D.N.H. 1995).
— N.H. Rev. Stat. Ann. § 358-A:2(VII) — 5 cases
Kyle Guay v. P Sig Sauer, Inc., 2022 DNH 109 (D.N.H. 2022).
Carl Alexander Cohen, v. Boston Sci. Corp., et al., 2024 DNH 028 (D.N.H. 2024).
Patane v. Nestle Waters North Am., Inc. (D. Conn. 2020).
Guay v. Sig Sauer, Inc. (D.N.H. 2022).
Cohen v. Boston Sci. Corp. (D.N.H. 2024).
— N.H. Rev. Stat. Ann. § 358-A:2(XIII) — 1 case
Luckey v. Alside, Inc., 245 F. Supp. 3d 1080 (D. Minnesota 2017). “44 (Minnesota Deceptive Trade Practices Act, or “MDTPA” 21 ), and N.H. Rev. Stat. § 358-A:2 (New Hampshire Consumer Protection Act, or “NHCPA” 22 ).”
— N.H. Rev. Stat. Ann. § 358-A:2(a) — 1 case
Allison Hovey v. Portsmouth Hous. Auth. (N.H. 2021).
— N.H. Rev. Stat. Ann. § 358-A:2(v) — 2 cases
Fernando Armendariz, et al. v. Sig Sauer, Inc., 2023 DNH 078 (D.N.H. 2023).
Armendariz v. Sig Sauer, Inc. (D.N.H. 2023).
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