Section 399-D:19 Consumer Inquiries. - New Hampshire Statutes

   I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via certified or registered mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 30 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department. Not later than 60 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:
      (a) Make appropriate corrections in the account of the consumer and transmit to the consumer and the banking department written notification of such corrections, including documentary evidence thereof; or
      (b) Transmit a written explanation or clarification to the consumer and the banking department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
   II. A licensee who fails to respond to consumer complaints within the time prescribed by this section shall pay to the commissioner the sum of $50 for each day such response is overdue. For purposes of this section, the date of transmission shall be the date such response is received by the commissioner.
   III. (a) Licensees which, because of extenuating circumstances beyond the control of the licensee, are unable to comply with the time limits prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
         (1) Is received by the banking department within 50 days following the licensee's receipt of the complaint.
         (2) Specifies the reason for the request.
         (3) Specifies a date certain by which the licensee shall comply with the provisions of this section.
      (b) Requests for waivers shall be either granted or denied within 5 days of receipt by the banking department.
   IV. In any investigation to determine whether a person has violated or is about to violate this chapter or any rule or order under this chapter, upon the commissioner's finding that the person violated this chapter or a rule or order under this chapter, or that the person charged with the violation is in default, the commissioner shall be entitled to recover the cost of the investigation, in addition to any other penalty provided for under this chapter.

Source. 2004, 230:1, eff. Sept. 9, 2004.