MHHS · Consumer Protection Act
Part 2 — Unfair and Negative Option Practices Division 1 Unfair Practices
15 Actions by the Director on behalf of consumers
opinion of the Director it is in the public interest to do so,
(a) commence and maintain an action under section 13 if a
consumer has a cause of action under that section,
(b) maintain an action under section 13 after it has been
commenced, or
(c) bring and maintain an app eal of an action under section 13.
(2) When, pursuant to subsection (1), the Director brings or
maintains an action or an appeal under section 13, the Director
must do so in the name of and on behalf of that consumer, and the
Director is entitled to take the same steps in and have the same
control over the action or appeal, including the right to settle the
action or appeal or any part of it, that the consumer would have had
in respect of that action or appeal.
(3) The Director may not bring or maintain an action or an appeal
under this section without first obtaining the written consent of the
consumer in whose name the action is brought.
RSA 2000
(4) On the consumer's giving written consent, the Director may,
without consulting or seeking any further consent of the consumer,
conduct the action or appeal in any manner the Director considers
appropriate.
(5) In an action or appeal commenced, brought or maintained by
the Director pursuant to subsection (1),
(a) any money recovered, excluding costs of the action or
appeal, must be paid to the consumer;
(b) any money payable by the consumer, excluding costs of the
action or appeal, is not recoverable from the Director or the
Government;
(c) the costs of the action or a ppeal are to be paid to or borne by
the Government.
(6) Nothing in this section abrogates or restricts any right of set-off
that a person has or may have against a consumer on whose behalf
the Director is acting under this section.
(7) When the Director, while acting on behalf of a consumer under
this section, releases a supplier from a liability or an obligation
arising out of the cause of action, that release extinguishes the
claim to the liability or obligation referred to in that release that the
consumer may have against that supplier.
1998 cF-1.05 s15