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Private Suits

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You have a right to sue for violations of the Consumer Protection Act. If you win your lawsuit, the court will award you your actual damages or $1,000.00, whichever is greater. The court must also award court costs and attorney's fees. If it finds the violator acted willfully or knowingly, the court may also award two to three times your actual damages.

If the dispute involves less than $5,000, you can bring a small claims action directly against the business in a district court. Go to your local court and pick up a copy of "How to File a Small Claim" which describes small claims procedures. You do not need to hire a lawyer for a small claims action, though you may do so if you wish.

In addition, any private party or business can bring an action under the State Antitrust Act (RSA 356). This act, based on the Federal Antitrust Statutes, prohibits every "contract, combination or conspiracy in restraint of trade." In general, these laws prohibit price-fixing, bid-rigging, group boycotts or monopolization. A successful party is entitled to three times actual damages plus all costs and attorneys' fees.

‹ What To Do If You Have A Complaint

The Consumer Protection and Antitrust Bureau ›

Date: 
2006
Author: 
New Hampshire Bar Association

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