TITLE XXXIII-A
RETAIL INSTALLMENT SALES
Chapter 361-B
RETAIL SELLING
Section 361-B:1
361-B:1 Definition. –
"Home solicitation sale" means a sale of goods or services, priced at $150 or more, in which a seller, a seller's representative, or a person acting for a seller engages in a solicitation and sale at any place other than a permanent place of business of the seller. A cash or credit sale so consummated shall be deemed to be a home solicitation sale.
Source. 1969, 437:1. 1973, 487:1. 1999, 49:2, eff. Jan. 1, 2000. 2010, 341:3, eff. Jan. 1, 2011.
Section 361-B:2
361-B:2 Notice. –
I. At the time of any home solicitation sale, the seller shall furnish the buyer with a fully completed receipt and a copy of any contract or agreement pertaining to such sale at the time of its execution which shall show the name and address of the seller, the date of transaction and contain in immediate proximity to the space reserved in the contract, agreement or receipt for the signature of the buyer, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
"ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION."
The buyer may cancel by written notice mailed to the seller, preferably by certified or registered letter, or he may cancel by returning the merchandise in person within the cancellation period.
A home solicitation sale contract agreement or receipt which contains the notice of cancellation forms and content provided in the Federal Trade Commission trade regulation rule providing a cancellation period for door-to-door sales shall be deemed as complying with the requirements of RSA 361-B:2, I, so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by this chapter.
(a) A home solicitation sale shall be deemed to be in compliance with the requirements of RSA 361-B:2, I, if the seller guarantees in writing that (1) The buyer may at any time: (i) cancel the order, or (ii) refuse to accept the goods when delivered without incurring any obligation to pay for them, or (iii) return the goods to the seller and receive a full refund for any amount the buyer has paid, and (2) the buyer's right to cancel the order, refuse delivery or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket, receipt or contract.
(b) In the event the buyer cancels, the seller must return to the buyer within 15 days of the cancellation: (1) any payments made, (2) any goods or other property, received as a trade-in (or a sum equal the trade-in allowance given therefore), and (3) any note or other evidence of indebtedness given by the buyer to the seller pursuant to or in connection with the sale.
(b-1) If the buyer cancels the transaction in accordance with this chapter, and within the cancellation period the seller has performed services or has performed work that has physically altered the property of the buyer, the buyer shall be entitled to a refund of all funds transferred to the seller, and the seller shall not be entitled to deduct the value of such services or work from the refund. In the alternative, if the seller has performed work that has physically altered the property of the buyer and it can be reasonably restored to its original condition, the buyer may demand, in lieu of a refund, full restoration of the property to its original condition.
(c) After cancellation, provided the seller has returned to the buyer all payments, goods (or their trade-in value), other property, notes or any other evidence of indebtedness, the seller is then entitled to receive within the same 15 day period, in substantially the same condition as delivered, any goods, merchandise or other property which was received by the buyer from the seller.
II. In the event the buyer cancels and the seller does not comply with the provisions of RSA 361-B:2, I(b) within the 15 days specified therein, the seller shall be deemed in violation of this section. In the event the buyer does not comply with RSA 361-B:2, I(b), the seller shall have the right to legal recourse to recover his property.
III. Notwithstanding paragraphs I and II, the buyer and seller, upon mutual agreement, may negotiate for repair, replacement, substitution or credit allowance during the 15 day period. If the seller agrees to negotiate, the buyer's right to cancel as stated in paragraphs I and II shall remain in effect during any negotiations made under the provisions of this paragraph.
IV. It shall be the responsibility of the seller to either call for the merchandise at the point of delivery, or request return by mail or other transportation at the seller's expense. It shall be the buyer's responsibility to cooperate in the exchange of properties when cancellation is requested.
V. If the seller has made no effort to recover his property after 90 days following the sale of the property, it shall become the buyer's property without further obligation of any kind.
Source. 1969, 437:1. 1971, 423:3, 4. 1973, 487:1, eff. Aug. 29, 1973. 2010, 341:1, 2, eff. Jan. 1, 2011.
Section 361-B:2-a
361-B:2-a Disclosure; Exceptions. –
I. Except as provided by paragraph II, any person selling or offering for sale any consumer good or service that states a post office box address, a street address representing a site used for the receipt or delivery of mail, or a telephone number representing a telephone answering service in its advertising, solicitations, or promotional materials, including order blanks and forms, shall clearly and conspicuously disclose in such advertising, solicitations, and promotional materials:
(a) The legal name under which business is done;
(b) A complete street address from which business actually is conducted; and
(c) A telephone number for customer inquiries and complaints.
II. The disclosures required under paragraph I shall not be required of any person who:
(a) Sells retail goods and services from trade premises which are open to the public regularly during normal business hours; or
(b) Conducts business where the post office box, street address representing a site used for the receipt or delivery of mail, or telephone answering service is ancillary to the sales made; or
(c) Provides services pursuant to a legal license or under the authority of a state board or agency, a city, town, or county in this state, except for a person conducting a mail order or catalog business, provided the licensing body maintains on record such person's current business street address or home address and provides that address to persons upon request.
Source. 1986, 137:2. 1999, 49:3. 2000, 305:1, eff. June 21, 2000; 305:2, eff. July 1, 2001.
Section 361-B:3
361-B:3 Remedies. –
I. Any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter.
II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.
Source. 1969, 437:1. 1973, 487:1. 1986, 137:3, eff. July 1, 1986.