Consumer UDAP Demand Letter - New Hampshire

New Hampshire Consumer UDAP Demand Letter

Quick-Reference Summary

Sender Letterhead

[Sender Law Firm Name]
[________________________________]
[________________________________]
[City], NH [Zip Code]
Phone: [________________________________]
Email: [________________________________]
NH Bar No.: [________________________________]

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Certified Mail No.: [________________________________]
and via first-class mail

To:
[Respondent Legal Name]
Attn: [Officer / Manager / Registered Agent]
[Street Address]
[City], NH [Zip Code]

Cc (registered agent per N.H. Secretary of State):
[Registered Agent Name]
[Agent Address]
[City], NH [Zip Code]

Re: Block

RE: DEMAND UNDER THE NEW HAMPSHIRE CONSUMER PROTECTION ACT (RSA 358-A) — NOTICE OF UNFAIR AND DECEPTIVE ACTS OR PRACTICES (RSA 358-A:2) AND DEMAND FOR RELIEF

Consumer: [Consumer Name]
Transaction/Account No.: [________________________________]
Date of Transaction: [__/__/____]
Amount in Controversy: $[________________________________]

I. The Parties

A. Consumer

[Consumer Full Legal Name] ("Consumer") is a natural person residing at [Street Address], [City], New Hampshire [Zip Code]. Consumer is a "person injured" within the meaning of RSA 358-A:10, I, by Respondent's use of methods, acts, or practices declared unlawful by RSA 358-A:2.

B. Respondent

[Respondent Legal Name] ("Respondent") is a [corporation / LLC / partnership / sole proprietorship] [organized under the laws of [State] / doing business in New Hampshire], with a place of business at [Address]. Respondent conducted "trade or commerce" within the meaning of RSA 358-A:1 within this State and committed the acts described below in the conduct of that trade or commerce.

II. Factual Background

A. The Transaction

On or about [__/__/____], Consumer [purchased / leased / contracted for] the following from Respondent:

• Product/Service: [________________________________]
• Location / Channel of Transaction: [________________________________]
• Purchase/Lease Price: $[________________________________]
• Contract / Invoice No.: [________________________________]
• Payment Method: [________________________________]
• Warranty / Service Terms: [________________________________]

B. The Unfair or Deceptive Acts or Practices

Respondent used one or more "unfair method[s] of competition or ... unfair or deceptive act[s] or practice[s] in the conduct of ... trade or commerce" declared unlawful by RSA 358-A:2, including:

☐ RSA 358-A:2, V — Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have
☐ RSA 358-A:2, VI — Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand
☐ RSA 358-A:2, VII — Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another
☐ RSA 358-A:2, IX — Advertising goods or services with intent not to sell them as advertised (bait-and-switch)
☐ RSA 358-A:2, X — Advertising goods or services with intent not to supply reasonably expectable public demand, without disclosing a limitation of quantity
☐ Failure to disclose a material fact that tends to mislead a reasonable consumer
☐ Failure to honor an express or implied warranty or service obligation
☐ An unfair practice attaining the level of "rascality" recognized under New Hampshire law
☐ Other unfair or deceptive act under RSA 358-A:2: [________________________________]

C. Specific Misrepresentations / Omissions

D. Willful or Knowing Conduct (RSA 358-A:10, I)

The following facts demonstrate that Respondent's violation was willful or knowing, triggering the mandatory enhancement to not less than double and as much as treble the recovery:

• [________________________________]
• [________________________________]

III. Reliance and Resulting Harm

Consumer reasonably relied on Respondent's representations and/or was misled by Respondent's omissions and thereby suffered injury. Had Consumer known the truth, Consumer would not have entered the transaction or would not have paid the price actually paid. Consumer's injuries include:

• Purchase/contract price paid: $[________________________________]
• Diminution in value: $[________________________________]
• Out-of-pocket expenses: $[________________________________]
• Incidental and consequential damages: $[________________________________]
• Total actual damages: $[________________________________]

IV. Legal Authority and Remedies

A. Unlawful conduct — RSA 358-A:2. "It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state."

B. Private remedies — RSA 358-A:10, I. "Any person injured by another's use of any method, act or practice declared unlawful under this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court."

C. Class relief — RSA 358-A:10-a. Consumer reserves the right to proceed as a class representative if the practice has caused similar injury to numerous other New Hampshire residents.

D. No statutory pre-suit demand required. New Hampshire imposes no mandatory pre-suit demand. This letter is sent to afford Respondent an opportunity to resolve the matter before litigation; Respondent's failure to do so will be relevant to the willful/knowing enhancement.

V. Demand for Relief

Consumer demands that Respondent provide the following relief within thirty (30) days of receipt of this demand:

☐ Refund of $[________________________________] (full purchase/contract price)
☐ Replacement of the goods with conforming goods
☐ Repair of the goods to conform to the representations made
☐ Restitution of $[________________________________]
☐ Rescission of the contract dated [__/__/____] and release of Consumer from all further obligations
☐ Cessation of the unfair or deceptive practice
☐ Correction of any credit reporting or other downstream records
☐ Other: [________________________________]

Total monetary relief demanded: $[________________________________].

VI. Consequences of Non-Compliance

If Respondent fails to provide the demanded relief within thirty (30) days of receipt of this demand, Consumer intends to file an action under RSA 358-A:10 in the [Superior Court / appropriate court] and to seek:

• ☐ Actual damages of $[________________________________] (or the $1,000 statutory minimum, whichever is greater)
• ☐ Mandatory enhancement to not less than 2 times and as much as 3 times that amount for Respondent's willful or knowing violation (RSA 358-A:10, I)
• ☐ Injunctive and other equitable relief
• ☐ Costs of suit and reasonable attorney's fees (mandatory for a prevailing plaintiff) under RSA 358-A:10, I
• ☐ Pre- and post-judgment interest
• ☐ Class relief under RSA 358-A:10-a, if applicable

A copy of any complaint and resulting judgment may be provided to the New Hampshire Attorney General's Consumer Protection and Antitrust Bureau.

VII. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on notice of its duty to preserve all documents and electronically stored information ("ESI") potentially relevant to the claims described above, including:

• All contracts, invoices, receipts, order confirmations, and account records relating to Consumer
• All advertising, marketing, packaging, website pages, social-media posts, and promotional materials relating to the product or service at issue
• All internal communications (email, chat, SMS), training materials, scripts, and sales policies
• All consumer complaints, BBB filings, AG inquiries, and chargeback files referencing the same or substantially similar conduct
• All quality-control, testing, and inspection records
• Telephone recordings, chat logs, and CRM entries involving Consumer
• ESI metadata, server backups, and disaster-recovery media

Routine destruction or overwriting of any such material must be suspended immediately. Spoliation may give rise to sanctions and adverse evidentiary inferences.

VIII. Response Deadline and Method

Respondent must provide a written substantive response to undersigned counsel no later than [__/__/____] (30 days after receipt).

Response by:

• ☐ U.S. Mail to undersigned counsel at the letterhead address
• ☐ Email to: [________________________________]
• ☐ Telephone for settlement discussions: [________________________________]

All rights, claims, and remedies — statutory, common-law, and equitable — are expressly reserved. Nothing in this letter constitutes a waiver, election of remedies, or release. Any attempted waiver of the damages provided by RSA 358-A:10, I is void and unenforceable.

Signature Block

Respectfully,

_______________________________________________
[Attorney Name]
[Law Firm Name]
[Street Address]
[City], NH [Zip Code]
Phone: [________________________________]
Email: [________________________________]
NH Bar No.: [________________________________]

Attorney for [Consumer Name]

Enclosures:

• ☐ Copy of contract / invoice / receipt
• ☐ Copies of advertising / marketing materials
• ☐ Photographs of goods or evidence of defect
• ☐ Prior correspondence
• ☐ Other: [________________________________]

Pre-Send Checklist

• ☐ Confirmed the conduct occurred in "trade or commerce" within New Hampshire (RSA 358-A:1, :2)
• ☐ Identified the specific RSA 358-A:2 subsection(s) violated, or articulated the unfair/deceptive practice under the "rascality"/FTC-guided standard
• ☐ Documented facts showing the violation was willful or knowing (to support the mandatory double / up-to-treble enhancement under RSA 358-A:10, I)
• ☐ Quantified actual damages and compared to the $1,000 statutory minimum
• ☐ Confirmed New Hampshire imposes no mandatory pre-suit demand (this letter is strategic, not jurisdictional)
• ☐ Sent via certified mail, return receipt requested; retained tracking and green card
• ☐ Diaried the 30-day response deadline ([__/__/____]) and the SOL ([__/__/____])
• ☐ Preserved Consumer's own records (texts, emails, photos, packaging)
• ☐ Considered class allegations under RSA 358-A:10-a
• ☐ Considered a parallel complaint to the NH AG Consumer Protection and Antitrust Bureau
• ☐ Document reviewed by supervising attorney before mailing

Sources and References

• New Hampshire Consumer Protection Act, RSA 358-A (full chapter): https://www.gencourt.state.nh.us/rsa/html/xxxi/358-a/358-a-mrg.htm
• RSA 358-A:2 (Acts unlawful): https://www.gencourt.state.nh.us/rsa/html/xxxi/358-a/358-a-2.htm
• RSA 358-A:10 (Private Actions) — Justia: https://law.justia.com/codes/new-hampshire/title-xxxi/chapter-358-a/section-358-a-10/
• RSA 358-A:10-a (Class Actions): https://www.gencourt.state.nh.us/rsa/html/xxxi/358-a/358-a-10-a.htm
• New Hampshire Department of Justice — Consumer Protection and Antitrust Bureau: https://www.doj.nh.gov/consumer/