Section 358-P:12 Rent-to-Own Dealer's Defenses. - New Hampshire Statutes

   I. If a rent-to-own dealer establishes by a preponderance of evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in RSA 358-P:11 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry, and printing errors, but do not include an error of legal judgment with respect to a rent-to-own dealer's obligations under this chapter.
   II. A rent-to-own dealer shall not be liable under this section for any failure to comply with any requirement imposed under this chapter if within 60 days after discovering an error, and prior to the institution of an action under this chapter or the receipt of written notice of the error from the consumer, the rent-to-own dealer notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to assure that the consumer is not required to pay an amount in excess of the lowest charge actually disclosed.
   III. No provision of this chapter imposing any penalty applies to any act done or omitted in good faith in conformity with some provision of this chapter, notwithstanding that after the act or omission has occurred the provision is amended, rescinded, or determined by judicial or other competent authority to be invalid for any reason.

Source. 1994, 406:1, eff. Jan. 1, 1995.