Preventive Measures

To avoid being misled or taken advantage of, follow a few simple steps:

• Before you purchase a product or service, compare it with other brands or services found in other stores or areas.
• Carefully read and compare the warranties provided.
• Read contracts carefully before you sign; know what you are signing and what obligations you are undertaking.
• Investigate the store’s return policy before buying, and keep all receipts and canceled checks.
• Keep all copies of any warranties that you are given and keep a copy of any contract or agreement you sign.
• Never give out personal information such as your Social Security numbers or account numbers to anyone unless you are absolutely certain it is a legitimate business and someone you’re sure you want to do business with.
• Remember: companies you already do business with are not likely to contact you to “verify” this information.
• Be suspicious of all unsolicited telephone calls, mail and emails. Remember, no bank, insurance company, or other financial institution will ever ask you for personal information or information about your account via email.
• When you check out in an online transaction, be sure that any website where you enter any credit card information is a secure site. Also, do not allow the merchant to record or save your credit card information.

If an item needs repairs:

• Keep an accurate record of those repairs, save receipts and make notes of important dates.
• Keep copies of any correspondence you send and document phone calls or any other attempts to correct the problem.

When you sign a contract for a service, make sure the contract includes in writing all the services you expect for the price you are paying. Do not accept the seller’s oral assurances that he or she will “take care of” any problem. Remember, if a contract sounds too good to be true, it generally is. Do not sign a contract under pressure. Any reputable seller will give you the chance to review a contract carefully and think about the obligations and responsibilities imposed by the contract. Generally speaking, once you sign a contract, you are obligated.

Is there a “cooling off period” for retail sales?

A common misconception among New Hampshire consumers is that there is a general 3-day right of rescission (or cancellation) for all retail sales contracts and that there is a right to the return of a deposit. No such general “cooling off” period exists in New Hampshire.

With a few exceptions, there is no 3-day cooling off period in New Hampshire. Under state law, you have no right to rescind a contract unless the contract provides for a cancellation period, or you are dealing with a health club, home solicitation sale, credit repair organization, subdivision or condominium, or some other area in which there exists a specific statutory right of cancellation.

Similarly, you have no right to the return of a deposit unless the contract or a specific law permits a refund. For example, there is no statutory right to cancel the purchase of a motor vehicle and any deposit placed on a motor vehicle is not automatically refundable.

Home solicitation sales are subject to a 3-day cooling off period. A home solicitation sale is defined as the sale of goods or services priced at $150 or more in which a seller operates from some place other than a permanent place of business. This includes a door-to-door salesperson and a business renting a hotel room for a one-day sale.

Unlike a retail sale, you may cancel a home solicitation sale up to 3 days after the sale is made if you send written notice, preferably by certified or registered letter or by returning the merchandise in person within the 3-day cancellation period.

At the time of the home solicitation sale, the seller must give you a fully completed receipt and a copy of any contract or agreement about the sale. This must have the name and address of the seller, the date of the transaction, and a statement giving you notice that you can cancel the transaction. Upon cancellation, the seller must return any payments you have made.

Do you have a consumer protection complaint?

Check out our “Protection from Unfair or Deceptive Business Practices” page for more information.