Supreme Court of New Hampshire
Automated Transactions, LLC & a. v. American Bankers Association & a.
August 16, 2019
Summary
The New Hampshire Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ defamation and New Hampshire Consumer Protection Act claims, holding that the defendants’ statements labeling Automated Transactions, LLC as a “patent troll” were non‑actionable opinion. The court explained that such statements are protected by the First Amendment because they are not verifiable facts and do not imply undisclosed defamatory facts. The court also affirmed the dismissal of the CPA claims because the alleged statements were not factual assertions.