MHHS · Consumer Protection Act
Part 2 — Unfair and Negative Option Practices Division 1 Unfair Practices
7 Cancelling agreement
a consumer transaction, whether written or oral, that was entered
into by the consumer and a supplier who engaged in an unfair
practice regarding the consumer transaction, whether the unfair
practice occurred before, during or after the time when the
consumer transaction was entered into, and in addition the
consumer is entitled to any remedy that is available at law,
including damages.
(2) Where a supplier has been found to have engaged in an unfair
practice, any consumer who entered into a consumer transaction
that was subject to the unfair practice with the supplier who
engaged in the unfair practice may cancel the consumer transaction
at no cost or penalty to the consumer.
(3) A consumer is entitled to recover the amount by which the
consumer's payment under the consumer transaction exceeds the
value of the goods or services to the consumer, or to recover
damages, or both, if cancellation of the consumer transaction under
subsection (1) or (2) is not possible because
(a) the return or restitution of the goods or cancellation of the
services is no longer possible, or
(b) cancellation would deprive a third party of a right in the
subject-matter of the consumer transaction that the third
party has acquired in good faith and for value.
RSA 2000
(4) When a consumer cancels a consumer transaction under
subsection (1) or (2), the cancellation operates to cancel, as if they
never existed,
(a) the consumer transaction,
(b) all related consumer transactions,
(c) all guarantees given in respect of money payable under the
consumer transaction,
(d) all security given by the co nsumer or a guarantor in respect
of money payable under the consumer transaction, and
(e) all credit agreements and other payment instruments,
including promissory notes,
(i) extended, arranged or fac ilitated by the supplier with
whom the consumer made the consumer transaction, or
(ii) otherwise related to the consumer transaction.
RSA 2000 cF-2 s7;2005 c9 s6