29TIII Statutory Unfair Trade Practices and Consumer Protection
29TIII(A) In General
29Tk133 Nature and Elements
29Tk135 Practices Prohibited or Required
29Tk135(1) k. In general; unfairness.
The “rascality test,” used to determine which commercial actions, not specifically delineated, are covered by the Consumer Protection Act (CPA), requires the plaintiff to show “that the defendant’s acts attained a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce.” Beer v. Bennett, 993 A.2d 765 (N.H. 2010) Suggested by Denise Luke, West Principal Attorney Editor
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The “rascality test,” used to determine which commercial actions, not specifically delineated, are covered by the Consumer Protection Act (CPA), requires the plaintiff to show “that the defendant’s acts attained a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce.”
