New Hampshire Revised Statutes 361-A:4-a – Consumer Inquiries
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I. Consumer complaints naming retail sellers or sales finance companies under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified or registered mail to the retail seller or sales finance company for response within 10 days of receipt by the department. Retail sellers or sales finance companies shall, within 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department. Not later than 30 days following receipt of such complaint, the retail seller or sales finance company shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and submit to the consumer and the banking department written notification of such corrections, including documentary evidence thereof; or
(b) Submit a written explanation or clarification to the consumer and the banking department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
II. A retail seller or sales finance company who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner the sum of $50 for each day such response is overdue. For purposes of this section, the date of submission shall be the date such response is received by the banking department.
III. (a) Retail sellers or sales finance companies who, because of extenuating circumstances beyond the control of the retail seller or sales finance company, are unable to comply with the time frames prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
(1) Is received by the banking department within 20 days following the retail seller’s or sales finance company’s receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the retail seller or sales finance company shall comply with the provisions of this section.
(b) Requests for waivers shall be either granted or denied within 5 days of receipt by the banking department.
IV. [Repealed.]
(a) Make appropriate corrections in the account of the consumer and submit to the consumer and the banking department written notification of such corrections, including documentary evidence thereof; or
Terms Used In New Hampshire Revised Statutes 361-A:4-a
- Commissioner: means the bank commissioner. See New Hampshire Revised Statutes 361-A:1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Control: means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. See New Hampshire Revised Statutes 361-A:1
- Department: means the banking department. See New Hampshire Revised Statutes 361-A:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
- Retail seller: or "seller" means a person who sells a motor vehicle in this state subject to a retail installment contract. See New Hampshire Revised Statutes 361-A:1
- Sales finance company: means a person engaged, in whole or in part, directly or indirectly, in the business of providing motor vehicle financing in this state to one or more retail buyers, or in the business of purchasing retail installment contracts from one or more retail sellers. See New Hampshire Revised Statutes 361-A:1
- seller: means a person who sells a motor vehicle in this state subject to a retail installment contract. See New Hampshire Revised Statutes 361-A:1
(b) Submit a written explanation or clarification to the consumer and the banking department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
II. A retail seller or sales finance company who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner the sum of $50 for each day such response is overdue. For purposes of this section, the date of submission shall be the date such response is received by the banking department.
III. (a) Retail sellers or sales finance companies who, because of extenuating circumstances beyond the control of the retail seller or sales finance company, are unable to comply with the time frames prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
(1) Is received by the banking department within 20 days following the retail seller’s or sales finance company’s receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the retail seller or sales finance company shall comply with the provisions of this section.
(b) Requests for waivers shall be either granted or denied within 5 days of receipt by the banking department.
IV. [Repealed.]