N.H. Supreme Court Upholds Dismissal Of State's Charges Against Mailer Company

Oct 15, 2015

The State Supreme Court in Concord
Credit NHPR Staff

New Hampshire's highest court has upheld a decision to dismiss indictments against a company under the state's Consumer Protection Act.

Mandatory Poster Agency Inc. argued prosecutors wrongly charged it with "knowingly" committing offenses when the law states that prosecutors had to prove the company "purposefully" committed them.

The Michigan-based company was accused of soliciting money from business owners using government-like mailers. The mailers cited a bogus "annual minutes requirement," asking owners to provide business information and pay $125. The owners received a binder and sheets of paper reciting the information they provided.

The Concord Monitor reports the justices rejected the state's argument that "knowingly" was more consistent with the law's intent, noting the legislature can amend the statute.

Prosecutors have not ruled out bringing new charges.