Section 384:67 Unauthorized and Deceptive Use.
I. No individual or business entity shall, without the prior written authorization of a financial institution:
(a) Use the full or abbreviated name, trade name, service mark, or trademark of any financial institution in any written, electronic, or oral advertisement or solicitation for products and services;
(b) Make reference to a loan number or other specific loan information on the outside of an envelope, visible through an envelope window, on a postcard, or in electronic communication in connection with any written or electronic solicitation; or
(c) Include a loan number or other specific loan information, other than a loan amount, relative to a specifically identified consumer that is publicly available: (1) in any written or electronic solicitation, unless the advertisement or solicitation clearly and conspicuously states on the front page or introduction in bold-faced type that is the same font size as is predominantly used in the advertisement or solicitation disclosing that such individual or business entity is not sponsored by or affiliated with, and that such solicitation is not authorized by, the financial institution and that the information was retrieved from public records; or (2) in an oral solicitation unless the same disclosure is made at the beginning of the solicitation.
II. The individual or business entity shall furnish a copy of such written authorization on request by the commissioner.
III. The use of a financial institution's full or abbreviated name, trade name, service mark, or trademark in a comparative written advertisement or solicitation by another individual or business entity, which is limited solely to comparing the relative attributes of similar products or services offered by such financial institution and the individual or business entity, shall be permitted under this section and shall not require prior written authorization of the financial institution, provided that the full or abbreviated name, trade name, trademark, or service mark of the financial institution is not visible to the addressee:
(a) In the case of a letter or other form of written communication, before opening the document containing the comparison or the envelope in which it is sent or delivered;
(b) In the case of a postcard, on its face; or
(c) In the case of an electronic transmission, within its subject line.
IV. For purposes hereof, the term ""financial institution'' shall mean a bank, as defined in RSA 384-B:1, I, a national bank, a federally chartered savings bank or association, a federally or state-chartered credit union, a mortgage lender as defined in RSA 397-A and 397-B, or an affiliate or subsidiary thereof having a business location in the state of New Hampshire.
Source. 2003, 238:2, eff. Jan. 1, 2004. 2008, 121:3, eff. June 3, 2008.