N.H. Rev. Stat. Ann. § 358-A: § 358-A:3
Exempt Transactions; Etc.
Operative Text
The following transactions shall be exempt from the provisions of this chapter: I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles. II. [Repealed.] III. Trade or commerce of any person who shows that such person has had served upon such person by the Federal Trade Commission a complaint pursuant to 15 U.S.C. 45(b) relating to said trade or commerce until the Federal Trade Commission has either dismissed said complaint, secured an assurance of voluntary compliance, or issued a cease and desist order relating to said complaint pursuant to 15 U.S.C. 45(b). IV. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character. IV-a. Transactions entered into more than 3 years prior to the time the plaintiff knew, or reasonably should have known, of the conduct alleged to be in violation of this chapter; provided, however, that this section shall not ban the introduction of evidence of unfair trade practices and deceptive acts prior to the 3-year period in any action under this chapter. IV-b. Violations of RSA 205-A which have occurred more than 3 years prior to the complaint alleged to be in violation of this chapter. V. The burden of proving exemptions from the provisions of this chapter by reason of paragraphs I, II, III, IV and IV-a of this section shall be upon the person claiming the exemption.
New Hampshire's consumer protection statute (N.H. Rev. Stat. Ann. § 358-A:3) carves out several categories of transactions that fall outside its reach. Businesses already regulated for unfair or deceptive practices by banking, securities, insurance, or federal regulators are generally exempt, as are publishers and broadcasters who unknowingly reproduce deceptive material. Claims are also time-limited: transactions that occurred more than three years before the plaintiff knew or reasonably should have known of the alleged violation are exempt, though earlier conduct may still be introduced as evidence in a live case. Any party seeking to claim one of these exemptions bears the burden of proving it applies.
Plain English — not legal advice.
Property owners and managers operating in New Hampshire should be aware that § 358-A:3 does not automatically shield landlord-tenant transactions from the state's consumer protection law simply because another regulator is involved — the exemption applies only when a specific regulatory body with authority over unfair or deceptive practices actually has jurisdiction over the relevant trade or commerce. Compliant operators generally document the timeline of any disputed conduct carefully, since the three-year discovery-based limitation period under § 358-A:3(IV-a) can affect whether a claim is timely. Landlords who believe an exemption applies bear the legal burden of proving it under § 358-A:3(V).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in New Hampshire should know that § 358-A:3 limits — but does not eliminate — the reach of the state's consumer protection law in housing-related disputes. The three-year window under § 358-A:3(IV-a) runs from when a tenant knew or reasonably should have known about the alleged violation, and evidence of older conduct may still be relevant in a proceeding. Tenants who believe a landlord is improperly claiming an exemption can consult a tenant-rights organization or legal aid provider to understand how the burden-of-proof rule under § 358-A:3(V) might apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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