New Hampshire Consumer Protection Act and Small Claims Court (RSA 358-A)

What RSA 358-A Covers

New Hampshire's Consumer Protection Act (RSA 358-A) prohibits unfair or deceptive business practices in trade or commerce. A defective product, refund dispute, misrepresentation, or undelivered service may support a claim if the conduct violates RSA 358-A:2 and caused you a loss; the problem alone does not automatically establish a violation. The total damages you seek must fit within the small-claims limit of $10,000.

Potential examples include bait-and-switch pricing, hidden fees, false advertising, selling goods that do not match the description, and failing to honor a warranty; whether a specific practice violates the Act depends on the facts. The Act applies to conduct in trade or commerce, so a private sale between individuals is not automatically covered.

Why RSA 358-A Matters for Your Claim

A standard breach-of-contract claim generally seeks the amount you lost. Under RSA 358-A:10, a prevailing plaintiff may recover actual damages or $1,000, whichever is greater. If the court finds a willful or knowing violation, it must award between two and three times that amount. A prevailing plaintiff is also entitled to reasonable attorney fees and costs.

You may hire a lawyer in small claims court, so attorney fees are not categorically out of play. For example, if a court finds $2,000 in actual damages from an RSA 358-A violation and finds the violation willful or knowing, the statutory damages award would be $4,000 to $6,000, plus any awarded costs and attorney fees.

Filing the Claim

Before filing, send the business a demand letter by certified mail. Describe the product or service, what went wrong, the specific RSA 358-A violation (unfair or deceptive act), and the amount you want refunded or paid. Give them 10 to 14 days. A demand letter is not generally required before filing a small claim, but it creates evidence of the business's refusal to make things right.

File through TurboCourt. Use the exact legal name of the business from the Secretary of State QuickStart database — not the storefront name or website URL. The filing fee is $125 for claims up to $5,000 or $180 for claims between $5,001 and $10,000.

In the complaint narrative, explain the transaction, describe how the business's conduct was unfair or deceptive, and reference RSA 358-A. You do not need to cite specific subsections — a clear factual description of the deceptive conduct is sufficient.

What to Bring to the Hearing

Organize your evidence around the timeline of the transaction:

• The purchase: receipts, invoices, order confirmations, the product listing or advertisement as it appeared when you bought it
• The defect or misrepresentation: photographs, inspection reports, screenshots of the business's claims versus what you actually received
• Your attempts to resolve it: emails, texts, or letters requesting a refund, and the business's response (or silence)
• Your damages: the amount paid, any repair or replacement costs, and any other out-of-pocket expenses caused by the defective product or deceptive practice

For defective products, photographs are especially persuasive. Take them immediately when you discover the defect, with timestamps visible if possible.

After the Judgment

If the court rules in your favor and the business does not pay, you can file a Writ of Execution ($40) to authorize the Sheriff to levy business bank accounts or seize assets. A judgment lien recorded at the county Registry of Deeds attaches to any real property the business owns in New Hampshire.

You can also file a complaint with the New Hampshire Attorney General's Consumer Protection and Antitrust Bureau, which tracks patterns of deceptive conduct. That does not get your money directly, but it puts the business on regulators' radar.

Get the Complete Filing Toolkit

Our New Hampshire Small Claims Filing Guide walks through every stage from demand letter to post-judgment collection, with an evidence inventory worksheet and hearing preparation sheet included.

See more New Hampshire guides →