I. The attorney general shall have exclusive authority to enforce violations under this chapter.
II. During the period beginning January 1, 2025 and ending December 31, 2025, the attorney general shall, and following said period the attorney general may, prior to initiating any action for a violation under this chapter, issue a notice of violation to the controller if the attorney general determines that a cure is possible. If the controller fails to cure such violation within 60 days of receipt of the notice of violation, the attorney general may bring an action pursuant to this section.
III. Beginning January 1, 2026, in determining whether to grant a controller or processor the opportunity to cure an alleged violation described under this chapter, the attorney general may consider:
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I. The attorney general shall have exclusive authority to enforce violations under this chapter.
II. During the period beginning January 1, 2025 and ending December 31, 2025, the attorney general shall, and following said period the attorney general may, prior to initiating any action for a violation under this chapter, issue a notice of violation to the controller if the attorney general determines that a cure is possible. If the controller fails to cure such violation within 60 days of receipt of the notice of violation, the attorney general may bring an action pursuant to this section.
III. Beginning January 1, 2026, in determining whether to grant a controller or processor the opportunity to cure an alleged violation described under this chapter, the attorney general may consider:
(1) The number of violations;
(2) The size and complexity of the controller or processor;
(3) The nature and extent of the controller's or processor's processing activities;
(4) The substantial likelihood of injury to the public;
(5) The safety of persons or property; and
(6) Whether such alleged violation was likely caused by human or technical error.
IV. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations under this chapter or any other law.
V. A violation under this chapter shall constitute an unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state under RSA 358-A:2 and shall be enforced by the attorney general.