Identity Theft (civil remedies)
NH Identity Theft Act
Financial · Other
Creates a civil cause of action against anyone who, with fraudulent intent and without permission, obtains, records, possesses or uses another person's personal information or financial device. Victims can use court orders or convictions to clear fraudulent accounts and judgments.
- Where
- New Hampshire
- Citation
- N.H. Rev. Stat. Ann. ch. 359-I
- Status
- In force
- In force since
- 2008-01-01
- Enforced by
- Victims through civil actions
- People can sue
- Yes
- Penalties
- Victims may recover $5,000 per incident or three times actual damages, whichever is greater, plus attorney's fees and costs. Criminal identity fraud is separately punished under RSA 638:26.
- Applies to
- Any person, including businesses and government entities, that obtains, uses or possesses another's personal information or financial device with fraudulent intent
Rights it gives people
- Victims may sue for the greater of $5,000 per incident or treble damages, plus fees and costs.RSA 359-I:3
- Victims may present an order under the chapter or an RSA 638:26 conviction to government entities and private businesses as proof that fraudulent accounts were not their actions.RSA 359-I:4, II
Practices it requires
- Do not, with fraudulent intent and without authorization, obtain, record, access, possess or use another person's personal information or financial device, or make false statements to obtain it.RSA 359-I:2, I
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.