Part 2 — Unfair and Negative Option Practices Division 1 Unfair Practices
6 Unfair practices
would reasonably be expected to affect the decision of a consumer
to enter into a consumer transaction.
(1.1) It is an offence for a supplier to engage in an unfair practice.
(2) It is an unfair practice for a supplier, in a consumer transaction
or a proposed consumer transaction,
(a) to exert undue pressure or influence on the consumer to
enter into the consumer transaction;
(b) to take advantage of the consumer as a result of the
consumer's inability to understand the character, nature,
language or effect of the consumer transaction or any matter
related to the transaction;
(c) to use exaggeration, innuendo or ambiguity as to a materia l
fact with respect to the consumer transaction;
(d) to charge a price for good s or services that grossly exceeds
the price at which similar goods or services are readily
available without informing the consumer of the difference
in price and the reason for the difference;
(e) to charge a price for goods or services that is more than
10%, to a maximum of $100, higher than the estimate given
for those goods or services unless
RSA 2000
(i) the consumer has expressly consented to the higher price
before the goods or services are supplied, or
(ii) if the consumer requires additional or different goods
and services, the consumer and the supplier agree to
amend the estimate in a consumer agreement;
(f) to charge a fee for an estim ate for goods or services unless
the consumer
(i) is informed in advance th at a fee will be charged and
informed of the amount of the fee, and
(ii) has expressly consented to be charged the fee.
(3) It is an unfair practice for a supplier
(a) to enter into a consumer transaction if the supplier knows or
ought to know that the consumer is unable to receive any
reasonable benefit from the goods or services;
(b) to enter into a consumer transaction if the supplier knows or
ought to know that there is no reasonable probability that the
consumer is able to pay the full price for the goods or
services;
(c) to include in a consumer tr ansaction terms or conditions that
are harsh, oppressive or excessively one-sided;
(d) to make a representation that a consumer transaction
involves or does not involve rights, remedies or obligations
that is different from the fact.
(4) Without limiting subsections (2) and (3), the following are
unfair practices if they are directed at one or more consumers or
potential consumers:
(a) a supplier's doing or saying anything that might reasonabl y
deceive or mislead a consumer;
(b) a supplier's misleading statement of opinion if the consum er
is likely to rely on that opinion to the consumer's
disadvantage;
(c) a supplier's representatio n that goods or services have
sponsorship, approval, performance, characteristics,
accessories, ingredients, quantities, components, uses,
benefits or other attributes that they do not have;
RSA 2000
(d) a supplier's representation that the supplier has a
sponsorship, approval, status, qualification, affiliation or
connection that the supplier does not have;
(e) a supplier's representation that goods or services are of a
particular standard, quality, grade, style or model if they are
not;
(f) a supplier's representation that goods have or have not be en
used to an extent that is different from the fact;
(g) a supplier's representation that goods are new if they are
used, deteriorated, altered or reconditioned;
(h) a supplier's representation that goods have or do not have a
particular prior history or usage if that is different from the
fact;
(i) a supplier's representatio n that goods or services are
available for a reason that is different from the fact;
(j) a supplier's representation that goods or services have be en
made available in accordance with a previous representation
if they have not;
(k) a supplier's representation that the supplier can supply
goods or services if the supplier cannot;
(l) a supplier's representation involving a voucher that anoth er
supplier will provide goods or a service or will provide
goods or a service at a discounted or reduced price if the
first-mentioned supplier knows or ought to know that the
second-mentioned supplier will not;
(m) a supplier's representation that goods are available in a
particular quantity if they are not;
(n) a supplier's representatio n that goods or services will be
supplied within a stated period if the supplier knows or
ought to know that they will not;
(o) a supplier's representation that a specific price benefit or
advantage exists if it does not;
(p) a supplier's representation that a part, replacement, repair or
adjustment is needed or desirable if it is not;
(q) a supplier's representation that the supplier is requesting
information, conducting a survey or making a solicitation
for a particular purpose if that is not the case;
RSA 2000
(r) a supplier's representation that a person does or does not
have the authority to negotiate the terms of a consumer
transaction if the representation is different from the fact;
(s) when the price of any part of goods or services is given i n
any representation by a supplier,
(i) failure to give the total price of the goods or services, or
(ii) giving less prominence to the total price of the goods or
services than to the price of the part;
(t) when the amount of any instalment to be paid in respect of
goods or services is given in any representation by a
supplier,
(i) failure to give the total price of the goods or services, or
(ii) giving less prominence to the total price of the goods
and services than to the amount of the instalment;
(t.1) a supplier's representatio n regarding an agreement for
continuing provision of services if the supplier fails to
provide prominent and full disclosure of the details of the
agreement, including duration, changes in price, renewals,
extensions or amendments, or if the supplier fails to obtain
the consumer's express consent to renewals, extensions or
amendments of the agreement;
(u) a supplier's giving an estimate of the price of goods or
services if the goods or services cannot be provided for that
price;
(v) a supplier's representation of the price of goods or servi ces
in such a way that a consumer might reasonably believe that
the price refers to a larger package of goods or services than
is the case;
(w) a supplier's representation that a consumer will obtain a
benefit for helping the supplier to find other potential
customers if it is unlikely that the consumer will obtain such
a benefit;
(x) a supplier's representation about the performance, capability
or length of life of goods or services unless
(i) the representation is based on adequate and proper
independent testing that was done before the
representation is made,
RSA 2000
(ii) the testing substa ntiates the claim, and
(iii) the representation accurate ly and fairly reflects the
results of the testing;
(y) a supplier's representation that goods or services are
available at an advantageous price if reasonable quantities of
them are not available at such a price, unless it is made clear
that quantities are limited;
(z) a supplier's representation that appears in an objective form
such as an editorial, documentary or scientific report when
the representation is primarily made to sell goods or
services, unless the representation states that it is an
advertisement or promotion;
(aa) anything specified in the regulations.
RSA 2000 cF-2 s6;2005 c9 s5;2018 c11 s7