Law / United States / 
New Hampshire
New Hampshire Automatic Telephone Dialing Systems and Caller Identification Services Act
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Licensing, Disclosure, Prohibition
What it requires
- Before using an automatic telephone dialing system, equipment that stores or produces numbers to call randomly or sequentially and delivers a prerecorded message without a live operator, for solicitation in New Hampshire, register with the consumer protection and antitrust bureau of the department of justice at least 10 business days beforehand and pay the annual fee.NIST Privacy FrameworkGV.PO-P5
- These duties reach a solicitation: an unrequested call to a residential telephone subscriber to give, sell or lease goods or services, to gain a pledge, promise or contribution where there is no pre-existing relationship with the person called, or to obtain information, data or opinions.
- Generate the system's calls randomly at unequal intervals and keep them off every emergency line.no control in the NIST Privacy Framework
- Disclose the name of the caller, the purpose of the call and any goods or services offered immediately after the called party answers, and configure the system to disconnect within 30 seconds after the called party hangs up.NIST Privacy FrameworkCM.AW-P1
- Do not use per-call or per-line blocking, or any other method, to prevent your caller identification information from reaching the called party; that information must include a number at which you can receive calls and may not be misleading, inaccurate or deceptive.NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A violation of this subdivision is an unfair or deceptive act or practice under RSA 358-A:2, and a person convicted of violating RSA 358-A:2 is guilty of a misdemeanor if a natural person, or of a felony if any other person, under RSA 358-A:6, I.
Penalty structure
RSA 359-E:6 makes a violation an unfair or deceptive act under RSA 358-A:2 and makes the remedies of RSA 358-A available, including the civil penalty of up to $10,000 for each violation that a court may award the state under RSA 358-A:4, III(b).
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
Recovery under the borrowed RSA 358-A:10 private action is actual damages or $1,000, whichever is greater, trebled (at least doubled) on a finding that the violation was willful or knowing, plus the costs of suit and reasonable attorney's fees; a class action is available under RSA 358-A:10-a.
- As of
- Currency
- USD
- Per person minimum
- 1,000
Who enforces it
Enforcement body
The consumer protection and antitrust bureau of the department of justice, and a private action under RSA 358-A:10, both borrowed through RSA 359-E:6.
Settledness
- As of
- Open questions
- Does the registration duty in RSA 359-E:2 reach a dialer that delivers no prerecorded message, given that RSA 359-E:1, I defines an automatic telephone dialing system as equipment that delivers a prerecorded message without assistance of a live operator?
What this law does
RSA 359-E:2 requires anyone intending to use an automatic telephone dialing system, equipment that stores or produces numbers to call randomly or sequentially and delivers a prerecorded message without a live operator, for solicitation in New Hampshire to register with the consumer protection and antitrust bureau at least 10 business days beforehand and pay a $20 annual fee.
Solicitation means the unrequested initiation of a telephone call to a residential telephone subscriber to give, sell or lease goods or services, to gain a pledge, promise or contribution where there is no pre-existing relationship with the person called, or to obtain information, data or opinions. Transmissions must be generated randomly at unequal intervals and may not reach any emergency line.
A solicitation message sent through the system must disclose immediately after contact the name of the person, company or organization calling, the purpose of the call and any goods or services offered, and the system must disconnect within 30 seconds after the called party hangs up.
No person using an automatic telephone dialing system, or any other method, for solicitation may block caller identification information from reaching the called party, and that information must contain a number at which the solicitor can receive calls and may not be misleading, inaccurate or deceptive; the section was last amended effective .
A violation of this subdivision is an unfair or deceptive act or practice under RSA 358-A:2, and every remedy RSA 358-A gives is available to enforce it, including the Attorney General's civil-penalty and injunctive powers under RSA 358-A:4, a private action under RSA 358-A:10 for actual damages or $1,000, whichever is greater, trebled for a willful or knowing violation, with attorney's fees, and criminal prosecution under RSA 358-A:6.
When LexLint raises it
When your app profile says your app places automated calls.
Back to the example · Lint your app
Page updated .