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Consumer's Sourcebook New Consumer’s Hampshire Sourcebook 3rd Edition 2006 New Hampshire Consumer’s Sourcebook Written and Edited by Elizabeth M. Dolan, Ph.D. University of New Hampshire and The New Hampshire Attorney General’s Office Consumer Protection and Antitrust Bureau Staff Richard W. Head, Senior Assistant Attorney General The Sourcebook was written to provide factual information concerning the covered topics. It is not meant to take the place of professional advice in any specific situation. The publication of the Sourcebook has been paid for with funds recovered by the Consumer Protection and Antitrust Bureau that were designated for consumer education programs. Copyright © 2006 by Elizabeth M. Dolan and the New Hampshire Department of Justice, Office of the Attorney General. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recordings or any information or retrieval system, without permission in writing from Elizabeth M. Dolan and the New Hampshire Department of Justice. Preface Preface Living in New Hampshire offers unique opportunities to enjoy a quality of life that has been lost in many other places while still having access to the vast majority of benefits that the marketplace offers to twenty-first century Americans. Unfortunately, New Hampshire consumers need effective protection from some of the dangers and risks that the marketplace presents. In the pages that follow you will find that we have provided some general information about the laws that apply to a variety of consumer transactions, some examples of how the law might apply to a situation, some points to keep in mind if you find yourself in similar circumstances and some ideas for where to turn for more help. The Sourcebook is not intended to give you legal advice, but whenever possible we have described the laws and legal concepts that apply to the purchase of many goods and services in simple, direct terms. This is the third edition of the Sourcebook. The first edition was released in 1996 and the second edition in 2001. A number of people need to be credited for their work. They include the staff of the Attorney General's Office in 1996, especially Associate Attorney General Charles T. Putnam, Senior Assistant Attorney General Walter L. Maroney, and legal intern Someshwer Rao Takkallapelli, who contributed many hours to the project. The 1996 edition also made use of the expertise of other interns and staff at the Attorney General's Office, including Nolan Koon, Diana Jankowski Parker, Lisa Firkey, James Rosenberg, Lisa Lamphere and Kimberly Therrien, who researched one or more topics and helped us to get the descriptions of the law right. Suzann Enzian Knight of the UNH Cooperative Extension Service contributed extensive first drafts of several chapters relating to credit problems. For the 2001 edition, Associate Attorney General M. Kristin Spath, Senior Assistant Attorney General Mary Castelli, Attorney David Rienzo, and Legal Interns Christine La Valle, Amy Mayhew and Charles Gathungu contributed to the expansion and revision of the Sourcebook. For the 2006 edition, we need to thank the NH Attorney General's Office staff and Matty Leighton, Administrative Assistant in the Family Studies Department at UNH, without whom this edition would not have been finished. Although we are indebted to all these people, we alone shoulder the responsibility for errors and omissions in the pages that follow. If you are in doubt about any of the information that is presented here or want help in applying it to a specific situation that you face, you may wish to consult an attorney. We hope that the New Hampshire Consumer's Sourcebook will help to make the marketplace more accessible and understandable for our fellow citizens by providing the information needed to avoid the pitfalls that await the ill-informed or unwary. Elizabeth M. Dolan Richard Head Durham and Concord, New Hampshire i UUsseerr’’ss GGuuiiddee We have made the New Hampshire Consumer's Sourcebook as easy as possible to use as a reference book. Nevertheless, you might want to consider the following tips before diving into the Sourcebook searching for answers to your questions: Browse the Table of Contents and Boxes to get an idea of what topics we have included. Although the main chapters are laid out in alphabetical order to make it easier for readers to find information, the "Extra Note" boxes have been distributed in various parts of the book to save space and paper. The other boxes, "Watch Out For" and "For Your Information," are part of the sections to which they relate. Read 1st Word, a general overview of contracts, first to find out how principles of contract law govern much of what happens in the marketplace. Much of "consumer protection" can be best understood within the context of contracts. Use the Index, Table of Contents, and Boxes, and the alphabetical arrangement of chapters, as aids in finding information that you want. Most sections of the Sourcebook have a summary of the laws that apply to the topic, lists of points to consider and places to go for more information or help. The Law will help you get a better understanding of your rights and obligations, and may help you to negotiate with a business, present your case in small claims court or decide if you need other help. Points to Remember will be especially helpful if you want to know what steps to take to protect yourself before you have a problem. The Examples should give you an idea of real applications and situations, and may make a relatively complicated idea easier to understand. We have tried to make the Examples amusing as well as useful. Finally, Where to Go If You Have a Problem provides some suggestions on where to turn for help if you have already had a problem. We have tried to make the information in the Sourcebook as accurate and current as possible. Laws change, however. If you have access to the Internet, you may want to visit the Consumer Protection and Antitrust Bureau's site on the State of New Hampshire's "Webster" website at www.nh.gov for updated information. We hope that you enjoy using the Sourcebook. ii TTaabbllee ooff CCoonntteennttss Chapters 1st Word.......................................................................................................................................1 Advertising..................................................................................................................................7 Auto Inspections .....................................................................................................................13 Auto Leasing ............................................................................................................................15 Auto Repairs.............................................................................................................................23 Autos: Lemon Law..................................................................................................................29 Autos: New...............................................................................................................................33 Autos: Used..............................................................................................................................43 Auto Titles................................................................................................................................49 Charitable Solicitations ...........................................................................................................53 Condominiums and Timeshares ...........................................................................................57 Credit Cards..............................................................................................................................61 Credit: Debt Collection ..........................................................................................................71 Credit Discrimination .............................................................................................................83 Credit Repair ............................................................................................................................87 Credit Reporting ......................................................................................................................95 Defective Goods....................................................................................................................105 Door-to-Door and Home Solicitation Sales .....................................................................111 E-Commerce..........................................................................................................................117 Failed Businesses ...................................................................................................................135 Funerals...................................................................................................................................139 Home Equity Loans and Second Mortgages ....................................................................145 Identity Theft .........................................................................................................................151 Licensed Professions and Regulated Activities.................................................................159 Loans and Financial Services...............................................................................................175
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