1. (a) Without the prior authorization of a bank or credit union, no person shall:

   1. (1) Use the full or abbreviated name, trade name, service mark, or trademark of any bank or credit union in any written, electronic, or oral advertisement or solicitation for products and services;
   2. (2) 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

   3. (3) Include a loan number or other specific loan information, other than a loan amount, relative to a specifically identified consumer that is publicly available:

      (A) 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 the person is not sponsored by or affiliated with, and that the solicitation is not authorized by, the bank or credit union and that the information was retrieved from public records; or

      (B) In an oral solicitation unless the same disclosure is made at the beginning of the solicitation.

2. (b) The person shall furnish a copy of the authorization on request by the commissioner.

3. (c) The use of a bank or credit union's full or abbreviated name, trade name, service mark, or trademark in a comparative advertisement or solicitation by another person, which is limited solely to comparing the relative attributes of similar products or services offered by the bank or credit union and the person, shall be permitted under this section and shall not require prior authorization of the bank or credit union, provided that the full or abbreviated name, trade name, trademark, or service mark of the bank or credit union is not visible to the addressee:

   1. (1) 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;
   2. (2) In the case of a postcard, on its face; or
   3. (3) In the case of an electronic transmission, within its subject line.
4. (d) For the purpose of this section, the term bank or credit union shall include a mortgage lender as defined in RSA 397 and an affiliate or subsidiary thereof having a business location in this state.

Source. 2015, 272:16, eff. Oct. 1, 2015.