N.H. Rev. Stat. Ann. § 358-A: § 358-A:5
Notice.
Operative Text
At least 10 days prior to commencement of any action under RSA 358-A:4, the attorney general shall notify the person of the attorney general's intended action, and give the person an opportunity to confer with the attorney general, or agent, in person or by counsel or other representative as to the proposed action. Said notice shall be given by mail, postage prepaid, sent to the person's usual place of business, or, if none, to the person's last known address. Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may after receipt thereof destroy or move or cause to be destroyed or cause to be moved any assets which might otherwise be available to claims of restitution, leave the state or cause material witnesses to leave the state, or take other action or omit to perform other duties to the immediate and irreparable harm of the public.
Under N.H. Rev. Stat. Ann. § 358-A:5, before the New Hampshire Attorney General can bring a legal action under the state's consumer protection law (RSA 358-A:4), the Attorney General must generally give the subject of that action at least 10 days' advance written notice and an opportunity to discuss the matter. The notice is sent by prepaid mail to the person's usual place of business or last known address. This pre-suit notice requirement has an exception: it may be skipped entirely if the Attorney General has reason to believe that giving notice could lead the recipient to hide or move assets, flee the state, cause witnesses to leave, or otherwise cause immediate and irreparable harm to the public.
Plain English — not legal advice.
Property owners and managers operating in New Hampshire should be aware that § 358-A:5 establishes a procedural step that typically precedes any Attorney General enforcement action under the state's consumer protection statute. A compliant operator who receives such a notice generally has the opportunity to respond, confer with the Attorney General's office directly or through a representative, and address concerns before formal legal proceedings begin. Understanding this notice process can help operators recognize the significance of any pre-action correspondence from the Attorney General's office and respond appropriately through proper channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, § 358-A:5 is relevant because it governs how the New Hampshire Attorney General initiates enforcement actions under the consumer protection law that may protect renters from unfair or deceptive practices. The provision means that in most circumstances, a business or landlord subject to an Attorney General action will have received advance notice and a chance to respond before a formal case is filed. Tenants who believe they have experienced violations of RSA 358-A:4 may consider reaching out to the New Hampshire Attorney General's Consumer Protection Bureau or a local tenant-rights organization to understand what enforcement paths may be available.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation