The New Hampshire Consumer Protection Act (RSA 358-A)
How the New Hampshire Consumer Protection Act (RSA 358-A, private action § 358-A:10) overlays the lemon law — actual damages or $1,000, double-to-treble damages, mandatory fees, and the per se Board-noncompliance violation.
The New Hampshire Consumer Protection Act (CPA) — RSA 358-A, private action under § 358-A:10 — is the consumer-protection overlay to the New Hampshire Lemon Law. It has real multiplier teeth, and it links directly to the lemon law: a manufacturer’s failure to comply with a New Motor Vehicle Arbitration Board decision is a per se unfair or deceptive act under RSA 358-A:2.
What the CPA adds beyond the lemon law
| Element | Lemon law alone | Lemon law + CPA |
|---|---|---|
| Refund / replacement | Yes | Yes |
| Actual damages or $1,000 floor | Limited | Yes (§ 358-A:10) |
| Double-to-treble damages | No | Yes (willful/knowing) |
| Mandatory attorney fees | Discretionary (court) | Yes (§ 358-A:10) |
Actual damages, the $1,000 floor, and multipliers
Section 358-A:10 lets any person injured by an unfair or deceptive act recover actual damages or $1,000, whichever is greater. And if the court finds the violation was willful or knowing, it shall award between two and three times the actual damages (a mandatory minimum doubling, up to treble). This is meaningfully stronger than Maine’s UTPA, which has no multiplier — closer to the automatic-treble regime of Hawaii’s UDAP.
Mandatory attorney fees
A prevailing plaintiff under § 358-A:10 is awarded costs and reasonable attorney’s fees — mandatory, not discretionary. Unlike Maine, New Hampshire’s CPA does not require a 30-day pre-suit demand, so a consumer can move directly to suit.
The per se Board-noncompliance violation
New Hampshire makes the link explicit: a manufacturer or distributor that fails to comply with a New Motor Vehicle Arbitration Board decision commits an unfair or deceptive act under RSA 358-A:2 — opening the door to double-to-treble damages and mandatory fees. This is a powerful deterrent against ignoring or stonewalling a Board ruling.
When the CPA matters most
- A manufacturer ignores or defies a Board decision (the per se violation).
- Misrepresentation or nondisclosure — undisclosed prior damage, branded title, odometer issues.
- Cases where the $1,000 floor, multiplier, and mandatory fees add leverage beyond the buyback.
Bottom line
The New Hampshire CPA adds an actual-damages-or-$1,000 recovery, double-to-treble damages for willful violations, and mandatory § 358-A:10 fees — with a manufacturer’s defiance of a Board decision a per se violation. No pre-suit demand is required. It is a strong companion to the Lemon Law and Magnuson-Moss. See CPA damages.
Related
The Magnuson-Moss Warranty Act in New Hampshire
How the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301) supplements New Hampshire's lemon law — federal-court access in D.N.H., § 2310(d)(2) attorney fees, and a 4-year runway.
Read → ArticleThe New Hampshire Lemon Law (RSA 357-D)
New Hampshire's lemon law in detail — the warranty-plus-one-year period, the 3-attempt / 30-business-day presumption, the consumer-elected remedy, the 100,000-mile offset, and the New Motor Vehicle Arbitration Board.
Read → ArticleNew Hampshire's Repair-Attempt Presumption (3 Attempts / 30 Business Days)
How New Hampshire presumes a reasonable number of attempts — 3 same-defect repairs or 30 cumulative business days out of service — the same-dealer rule, and the final repair opportunity.
Read → ArticleStatute of Limitations for New Hampshire Lemon Law Claims
Timing rules for New Hampshire vehicle claims — the one-year filing deadline (RSA 357-D:11), the 40-day hearing and 30-day decision, the narrow 30-day appeal, and the CPA and Magnuson-Moss clocks.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.