New Hampshire AG and CFPB Consumer Complaint Pack

NEW HAMPSHIRE AG AND CFPB CONSUMER COMPLAINT PACK

TABLE OF CONTENTS

1. Complaint Cover Page and Submission Index
2. Filing 1 — NH Attorney General Consumer Protection and Antitrust Bureau
3. Filing 2 — NH Banking Department / Insurance Department (if applicable)
4. Filing 3 — Consumer Financial Protection Bureau (CFPB)
5. Common Narrative — Statement of Facts
6. Schedule of Exhibits
7. New Hampshire Practice Notes
8. Sources and References

1. COMPLAINT COVER PAGE AND SUBMISSION INDEX

Consumer: [FULL LEGAL NAME]

Address: [STREET, CITY, NH ZIP]

Telephone: [________________]

Email: [________________]

Date of Submission: [__/__/____]

Subject Business / Respondent: [BUSINESS NAME]

Respondent Address: [________________________________]

Respondent NMLS / NH License No. (if any): [________________]

Nature of Complaint (check all that apply):

☐ Unfair or deceptive trade practice (RSA 358-A:2)

☐ Debt-collection misconduct (FDCPA / RSA 358-C)

☐ Credit-reporting error (FCRA)

☐ Mortgage servicing / loan modification

☐ Auto sales or financing

☐ Home improvement / contractor

☐ Telemarketing / robocalls (TCPA / RSA 359-E)

☐ Data breach / identity theft (RSA 359-C:19–:21; RSA 638:26)

☐ Predatory lending / payday loan / small-loan lender

☐ Lemon law (RSA 357-D)

☐ Insurance carrier conduct (RSA 417 unfair claims practices)

☐ Other: [________________________________]

Submission Index:

2. FILING 1 — NH ATTORNEY GENERAL CONSUMER PROTECTION AND ANTITRUST BUREAU

TO:

Office of the Attorney General

Consumer Protection and Antitrust Bureau

1 Granite Place South

Concord, NH 03301

Telephone: (603) 271-3658 — Consumer Hotline: 1-888-468-4454 / (603) 271-3641

Email: [email protected]

Online: https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/consumer-complaints

Online portal: https://onlineforms.nh.gov/home/cf4b0e17-c1ca-4bab-a5fe-4eefc1a3acb2

Re: Consumer Complaint and Request for Investigation — [BUSINESS NAME]

Dear Bureau:

I respectfully submit this written complaint regarding [BUSINESS NAME] ("Respondent"). I believe Respondent has engaged in unfair or deceptive acts or practices in the conduct of trade or commerce in violation of RSA 358-A:2 and request investigation, mediation, and any other action the Bureau deems appropriate, including:

• An investigative demand under RSA 358-A:4-a;
• An action by the Attorney General under RSA 358-A:5 for injunctive relief;
• Civil penalties of up to $10,000 per willful violation under RSA 358-A:4, III;
• Restoration to consumers; and
• Such other relief as is just.

The detailed facts are set forth in Section 5 below and are supported by the exhibits in Section 6. The transaction was for personal, family, or household purposes and is therefore within the scope of the private right of action under RSA 358-A:10.

Resolution Sought:

☐ Refund of $[AMOUNT]

☐ Cancellation of contract / reversal of charges

☐ Repair or replacement

☐ Removal of derogatory credit reporting

☐ Cease-and-desist of unlawful conduct

☐ Other: [________________________________]

Prior Contacts with Respondent:

I attempted to resolve this matter directly with Respondent on [DATE(S)] by [METHOD]. The result was [OUTCOME].

I authorize the Consumer Protection and Antitrust Bureau to share this complaint and supporting documents with Respondent for purposes of investigation and mediation.

Sincerely,

[________________________________]

[CONSUMER NAME]

3. FILING 2 — NH BANKING DEPARTMENT / INSURANCE DEPARTMENT

TO (Banking matters):

New Hampshire Banking Department

53 Regional Drive, Suite 200

Concord, NH 03301

Telephone: (603) 271-3561

Online complaint: https://www.banking.nh.gov/consumer-assistance

TO (Insurance matters):

New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH 03301

Telephone: (603) 271-2261 — Consumer Hotline: 1-800-852-3416

Online complaint: https://www.nh.gov/insurance/consumers/

Re: Complaint Against Licensed Entity — [BUSINESS NAME] — License No. [________________]

Dear Commissioner:

I am filing this complaint against [BUSINESS NAME] for alleged violations of:

☐ NH Banking Department licensing rules (RSA 383-A et seq.)

☐ NH Mortgage Bankers and Brokers Act (RSA 397-A)

☐ NH Debt Adjuster licensing (RSA 399-D)

☐ NH Small Loan Act (RSA 399-A)

☐ NH Money Transmitter regulations (RSA 399-G)

☐ NH Unfair Insurance Claims Practices Act (RSA 417)

☐ Other: [________________________________]

The facts and supporting documentation are set forth in the common narrative (Section 5) and exhibits (Section 6). I request the Department:

1. Investigate the conduct;
2. Take such administrative action as is appropriate, including license suspension, revocation, fines, or restitution;
3. Refer evidence of unfair or deceptive trade practices to the NH AG Consumer Protection and Antitrust Bureau under the inter-agency referral protocol; and
4. Provide me with a copy of the Department's investigative findings and final disposition.

Sincerely,

[________________________________]

[CONSUMER NAME]

4. FILING 3 — CONSUMER FINANCIAL PROTECTION BUREAU

TO:

Consumer Financial Protection Bureau

Online: https://www.consumerfinance.gov/complaint/

Telephone: (855) 411-CFPB (2372) / TTY/TDD: (855) 729-CFPB (2372)

Mail: P.O. Box 27170, Washington, DC 20038

Re: Consumer Complaint — [BUSINESS NAME]

Product Type (CFPB taxonomy):

☐ Debt collection

☐ Credit reporting / credit repair / other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Money transfer, virtual currency, or money service

☐ Vehicle loan or lease

☐ Student loan

☐ Payday loan, title loan, or personal loan

☐ Other financial service

Issue: [Select from CFPB taxonomy — e.g., "Attempts to collect debt not owed"; "Incorrect information on your report"; "Trouble during payment process"]

What Happened: See common narrative in Section 5.

Desired Resolution: [Refund / Account closure / Removal of credit reporting / Apology / Other]

Documents Attached: See Schedule of Exhibits in Section 6.

Authorization: I authorize the CFPB to share this complaint with the company for response and to publish a non-personally-identifiable version in the Consumer Complaint Database.

Sincerely,

[________________________________]

[CONSUMER NAME]

5. COMMON NARRATIVE — STATEMENT OF FACTS

5.1. The Parties. I am a New Hampshire resident. Respondent is [NAME, FORM OF ENTITY, PRINCIPAL PLACE OF BUSINESS].

5.2. The Transaction. On or about [__/__/____], I entered into a transaction with Respondent for [GOODS / SERVICES / FINANCIAL PRODUCT] in the amount of $[AMOUNT]. The transaction was for personal, family, or household purposes and constitutes "trade or commerce" under RSA 358-A:1, II. (Exhibit A — Contract or receipt.)

5.3. Representations. Respondent represented to me, in writing or orally, that [REPRESENTATIONS — e.g., "no fees," "0% APR," "lifetime warranty," "NH-licensed"]. (Exhibit B — Advertisement / written communication.)

5.4. Performance and Payment. I performed my obligations by [PAYMENT / DELIVERY / OTHER] on [__/__/____]. (Exhibit C — Payment record.)

5.5. The Wrongful Conduct. Beginning on or about [__/__/____], Respondent engaged in the following acts and practices:

• [SPECIFIC ACT 1 — e.g., charged undisclosed fees of $______];
• [SPECIFIC ACT 2 — e.g., reported debt to CRA after written dispute];
• [SPECIFIC ACT 3 — e.g., refused to honor warranty];
• [SPECIFIC ACT 4 — e.g., used abusive collection tactics].

(Exhibits D–G — Communications, statements, recordings, screenshots.)

5.6. My Attempts to Resolve. On [__/__/____], I contacted Respondent at [PHONE / ADDRESS / EMAIL] to seek resolution. Respondent [REFUSED / IGNORED / PROMISED BUT FAILED]. (Exhibit H — Letter / email / call log.)

5.7. Harm. As a result, I have suffered:

• Out-of-pocket loss of $[AMOUNT];
• Damage to my credit score (drop from [___] to [___]);
• [Lost wages / time off work / interest charges] of $[AMOUNT];
• Emotional distress, anxiety, and frustration.

5.8. Statutory Violations. Respondent's conduct violates, at minimum:

• RSA 358-A:2 (unfair or deceptive acts or practices);
• [15 U.S.C. § 1692e(2), (5), (8), (10) — FDCPA misrepresentations] (if debt collection);
• [15 U.S.C. § 1681s-2 — FCRA furnisher duty] (if credit reporting);
• [RSA 358-C:3 — NH Unfair, Deceptive or Unreasonable Collection Practices] (if debt collection);
• [RSA 359-C:19 et seq. — Notice of Security Breach] (if data breach);
• [RSA 638:26 — Identity Fraud] (if identity theft).

5.9. Willfulness. Respondent's conduct was willful or knowing within the meaning of RSA 358-A:10, II because [STATE FACTS — e.g., conduct continued after written notice; pattern of similar conduct; continued after AG/CFPB notice].

5.10. Resolution Sought. I request that Respondent [REFUND / CANCEL / DELETE / CEASE / OTHER] and that the agencies receiving this complaint take such administrative or enforcement action as is appropriate, including civil penalties of up to $10,000 per willful violation under RSA 358-A:4, III.

6. SCHEDULE OF EXHIBITS

7. NEW HAMPSHIRE PRACTICE NOTES

• AG enforcement is robust. The NH AG's Consumer Protection and Antitrust Bureau is the primary state-law enforcement engine. Under RSA 358-A:4, III the AG may seek civil penalties of up to $10,000 per willful violation, plus injunctive relief and restoration. A consumer complaint is the Bureau's investigative trigger. The Bureau receives ~4,000 complaints/year and processes them in the order received.
• Bureau will not represent you. The Bureau expressly notes it cannot provide legal representation or advice. A regulatory complaint complements, but does not substitute for, private litigation under RSA 358-A:10. Track all civil deadlines independently.
• No pre-suit demand requirement. Unlike Massachusetts (M.G.L. c. 93A § 9), NH does NOT require a pre-suit demand under RSA 358-A. A consumer may file in court at any time. The regulatory complaint, however, often produces voluntary settlement and powerful evidence of willfulness for the mandatory 2x-3x enhancement under RSA 358-A:10, II.
• Mandatory enhancement. RSA 358-A:10, II provides the court "shall award as much as 3 times, but not less than 2 times" the greater of actual damages or $1,000 for willful or knowing violations — a statutory enhancement, not punitive damages. NH does not allow common-law punitives (Vratsenes v. N.H. Auto, Inc., 112 N.H. 71 (1972)).
• Notice to AG required by statute. Under RSA 358-A:10, II, the clerk of court "shall mail a copy of the complaint" to the NH Attorney General within seven days of filing of any private RSA 358-A action. The Bureau therefore receives notice of every private CPA case — coordinate accordingly if filing in parallel.
• CFPB scope. The CFPB has jurisdiction over federally regulated consumer financial products and services. It does NOT cover most retail purchases, home improvement, or general goods/services. Use the NH AG for those.
• NH Banking Department leverage. For licensed entities (banks, mortgage entities, debt adjusters, small-loan lenders, money transmitters), a Banking Department complaint can result in license suspension or revocation, which often produces faster restitution than civil litigation. The Department refers RSA 358-A patterns to the AG.
• NH Insurance Department. RSA 417 (Unfair Insurance Practices Act) provides parallel jurisdiction over claims-handling misconduct. RSA 417 violations may also support an RSA 358-A claim.
• FTC. For telemarketing, robocall, and cross-border fraud, also file at ReportFraud.ftc.gov. For identity theft, IdentityTheft.gov is the appropriate FTC portal.
• Data-breach AG notice. Under RSA 359-C:20, persons not engaged in trade or commerce subject to RSA 358-A:3, I must notify the NH Attorney General of breaches affecting NH residents. The NH AG publishes notifications at doj.nh.gov/citizens/consumer-protection-antitrust-bureau/security-breach-notifications. Cross-reference any breach you complained about against the public list.
• Right-to-Know overlay. NH AG complaint files may be subject to the NH Right-to-Know Law (RSA Chapter 91-A) once an investigation closes. Mark sensitive personal information accordingly.
• Litigation preservation. Filing administrative complaints does NOT toll the FDCPA 1-year limitations period, the RSA 358-A 3-year period (RSA 508:4), or any other statute of limitations. Preserve civil claims by separately tracking deadlines.
• TTY / language access. The Consumer Hotline is reachable at 1-888-468-4454. NH Relay 711 supports TTY users.

8. SOURCES AND REFERENCES

• NH AG Consumer Protection and Antitrust Bureau — https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau
• NH AG Consumer Complaint Page — https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/consumer-complaints
• NH AG Online Complaint Portal — https://onlineforms.nh.gov/home/cf4b0e17-c1ca-4bab-a5fe-4eefc1a3acb2
• NH AG Security Breach Notifications — https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/security-breach-notifications
• NH AG Scam Avoidance and Guidance — https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/scam-avoidance-and-guidance
• NH Banking Department — https://www.banking.nh.gov/
• NH Insurance Department — https://www.nh.gov/insurance/
• RSA 358-A (NH Consumer Protection Act) — https://gc.nh.gov/rsa/html/xxxi/358-a/358-a-mrg.htm
• RSA 358-A:10 (Private actions) — https://gc.nh.gov/rsa/html/xxxi/358-A/358-A-10.htm
• RSA 358-C (Debt collection) — https://gc.nh.gov/rsa/html/xxxi/358-c/358-c-mrg.htm
• RSA 359-C (Right to Privacy / Security Breach) — https://gc.nh.gov/rsa/html/nhtoc/nhtoc-xxxi-359-c.htm
• RSA 638:26 (Identity Fraud) — https://gc.nh.gov/rsa/html/lxii/638/638-26.htm
• CFPB Consumer Complaint Portal — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud.ftc.gov — https://reportfraud.ftc.gov/
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• 603 Legal Aid — Consumer Protection and Antitrust Bureau Information — https://www.603legalaid.org/the-consumer-protection-and-antitrust-bureau
• Vratsenes v. N.H. Auto, Inc., 112 N.H. 71 (1972)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Hampshire must review and customize this document before submission. Laws, citations, and court rules change frequently; verify all authorities before use.