N.H. Rev. Stat. Ann. § 358-A: § 358-A:7
Assurance of Discontinuance.
Operative Text
Nothing contained in this chapter shall be construed as preventing the attorney general, in cases in which the attorney general is authorized to bring an action, from accepting in lieu thereof an assurance of discontinuance of any act or practice which violates this chapter. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the attorney general, or of an amount to be held in escrow pending the outcome of an action, or of an amount to restore to any person any money or real or personal property which may have been acquired by such alleged violator, or all 3. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Merrimack county. Matters thus closed may be reopened by the attorney general at any time it is in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter commenced by the attorney general.
Under N.H. Rev. Stat. Ann. § 358-A:7, instead of filing a lawsuit for a consumer protection violation, the Attorney General may accept a written agreement—called an assurance of discontinuance—in which the alleged violator promises to stop the unlawful conduct. This agreement can require the violator to pay investigation costs, place funds in escrow, or return money or property to affected individuals. The assurance must be filed with the Merrimack County Superior Court, and any breach of it automatically serves as prima facie evidence of an unlawful act if the Attorney General later brings a formal action.
Plain English — not legal advice.
Property owners and managers operating in New Hampshire should be aware that under § 358-A:7, the Attorney General has the authority to resolve potential consumer protection violations through a negotiated assurance of discontinuance rather than immediate litigation. A compliant operator who enters such an agreement typically fulfills all written terms—including any required payments or restitution—and permanently ceases the disputed practice. Because the agreement is filed with the superior court and any violation of it constitutes prima facie evidence of unlawful conduct, operators generally treat its terms with the same seriousness as a court order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
New Hampshire tenants should know that § 358-A:7 gives the state Attorney General a tool to resolve landlord violations of consumer protection law without going to court, potentially securing restitution of money or property for affected individuals through an assurance of discontinuance. If a landlord later breaks the terms of such an agreement, that breach automatically strengthens the Attorney General's hand in any subsequent enforcement action. Tenants who believe a landlord has engaged in unlawful practices may consider contacting the New Hampshire Attorney General's Consumer Protection Bureau or a local tenant-rights organization to learn about available remedies under this chapter.
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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