Section 359-D:3 Prohibited Practices.
A credit services organization, its salespersons, agents, and representatives, shall not:
I. Charge or receive any money or other valuable consideration prior to the full and complete performance of the services which the credit services organization has agreed to perform for the buyer, unless the credit services organization has, in conformity to RSA 359-D:8, either obtained a surety bond issued by a surety company admitted to do business in this state or established a trust account at a federally insured bank or savings and loan association located in this state. If a credit services organization is in compliance, the salespersons, agents, and representatives who sell the services of such organization shall not be required to obtain the surety bond or establish the trust account provided for by this chapter.
II. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer is upon substantially the same terms as those available to the general public.
III. Make, or counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, or which by the exercise or reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's credit worthiness, credit standing, or credit capacity.
IV. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.
Source. 1988, 24:2, eff. Jan. 1, 1989.