reglab/housing_qa huggingface dataset:
NM Stat § 57-12-15 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-15 - Enforcement.

In order to promote the uniform administration of the Unfair Practices Act in New Mexico, the attorney general is to be responsible for its enforcement, but he may in appropriate cases delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power conferred upon the attorney general by the Unfair Practices Act. History: 1953 Comp., § 49-15-13, enacted by Laws 1967, ch. 268, § 12. ANNOTATIONSAn arbitration agreement contrary to public policy under the UPA will not be enforced. — Where the state of New Mexico filed suit against ITT Technical Institute (ITT) claiming violations of the New Mexico Unfair Practices Act (UPA) arising out of alleged misrepresentations to students about ITT's nursing program and its financial process, and where ITT filed a motion to compel arbitration in accordance with the arbitration provision, and accompanying confidentiality clause, in the students' enrollment agreements with ITT, which provided that any dispute be resolved by binding arbitration, the district court properly declined to enforce the confidentiality clause and properly denied ITT's motion to compel arbitration, because the state, under the UPA, has been given broad statutory authority to investigate violations and enforce the provisions of the UPA demonstrating New Mexico's fundamental public policy in favor of preventing consumer harm and resolving consumer claims, and it would be contrary to public policy to allow ITT to use the confidentiality clause with its students to shield itself from the state's investigation and litigation authorized under the UPA. State ex rel. Balderas v. ITT Educ. Servs., Inc., 2018-NMCA-044.
NM Stat § 57-12-16 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-16 - Advertising media excluded.

The Unfair Practices Act does not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast or reproduce material without knowledge of its deceptive or unconscionable character. History: 1953 Comp., § 49-15-14, enacted by Laws 1967, ch. 268, § 13; 1971, ch. 240, § 5. ANNOTATIONSCompiler's notes. — This section is similar to § 4 of the Uniform Deceptive Trade Practices Act.
NM Stat § 57-12-18 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-18 - Posting of bond.

The court may require any such person to post a ne exeat bond conditioned on such persons [person's] appearance at all hearings on the matter at issue. History: 1953 Comp., § 49-15-16, enacted by Laws 1971, ch. 164, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The writ of ne exeat may detain property as well as the person. — At common law, a bond is an inherent part of a writ of ne exeat. Historically, where the removal of property would defeat the purpose of a ne exeat writ, the order in the writ may detain property as well as the person. At common law, a ne exeat writ, including a bond, may be conditioned on preservation of assets. This section does not prohibit bonds related to assets or property. Therefore, since the statute is silent as to these bonds, the statute does not abrogate the common law. Atherton v. Gopin, 2015-NMCA-087. Following entry of summary judgment for over $2,500,000 against defendant for violations of the New Mexico Unfair Practices Act (UPA), 57-12-1 NMSA 1978 et seq., the district court issued a writ of ne exeat and ordered defendant to post a ne exeat bond in the amount of $100,000 based on evidence that defendant was about to remove assets from the jurisdiction of the district court, and following a hearing where the district court found that there was evidence that defendant had engaged in complex financial transactions for the purpose of preventing collection of the judgment, that defendant had dissipated assets during the pendency of the case, including the sale of property, and that defendant, who failed to appear at the hearing, had previously testified under oath that he would attend all future hearings in the case and would not flee the jurisdiction, the district court increased the ne exeat bond to $500,000 to prevent further dissipation of assets within the jurisdiction of the court and to secure defendant's appearance at future proceedings. Issuance of the bond order conditioned on preservation of assets was not contrary to the UPA, because the UPA does not abrogate the common law, which permitted a ne exeat bond to be conditioned on preservation of assets. Atherton v. Gopin, 2015-NMCA-087.
NM Stat § 57-12-19 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-19 - [Hearing after incarceration.]

No such person shall be incarcerated for failure to post said ne exeat bond for longer than 72 hours, Sundays excepted, without the benefit of a hearing before the court setting said bond. Such hearing shall be held as soon as possible after incarceration. History: 1953 Comp., § 49-15-17, enacted by Laws 1971, ch. 164, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-12-20 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-20 - Sureties on bond.

The sureties upon any bond, shall in all cases justify as to their sufficiency; and the clerk of the district court taking such bond shall certify his approval of the same, as to form and the manner of its execution and to the sufficiency of the sureties thereon. History: 1953 Comp., § 49-15-18, enacted by Laws 1971, ch. 164, § 4.
NM Stat § 57-12-24 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-24 - Unsolicited facsimiles or email; private remedy.

A. Any person who receives an unsolicited advertisement by facsimile or email may bring an action against the sender of the unsolicited advertisement to recover actual damages, including loss of profits, or statutory damages equal to the greater of twenty-five dollars ($25.00) for each email or facsimile received or five thousand dollars ($5,000) for each day of violation, plus reasonable attorney fees and costs if, prior to receiving the unsolicited advertisement: (1) the person who received the unsolicited advertisement has notified the sender, pursuant to the provisions of Section 57-12-23 NMSA 1978, of the person's request not to receive unsolicited advertisements; or (2) the sender of the unsolicited advertisement has entered into a written assurance of discontinuance pursuant to Section 57-12-9 NMSA 1978. B. A telecommunications utility or internet service provider, injured by a violation of a provision of Section 57-12-23 NMSA 1978 or this section, may recover actual damages, including loss of profits, or statutory damages equal to the greater of ten dollars ($10.00) for each facsimile or email transmitted or five thousand dollars ($5,000) for each day of violation plus reasonable attorney fees and costs. C. The remedies provided in this section are in addition to any available remedies otherwise provided by law. History: Laws 2003, ch. 168, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 168 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 57-12A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-1 - Repealed.

History: Laws 2003, ch. 167, § 1; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-1 NMSA 1978, as enacted by Laws 2003, ch. 167, § 1, the short title of the Consumer No-Call Act, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-2 - Repealed.

History: Laws 2003, ch. 167, § 2; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-2 NMSA 1978, as enacted by Laws 2003, ch. 167, § 2, relating to definitions, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-3 - Repealed.

History: Laws 2003, ch. 167, § 3; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-3 NMSA 1978, as enacted by Laws 2003, ch. 167, § 3, relating to the national "do-not-call" registry, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-4 - Repealed.

History: Laws 2003, ch. 167, § 4; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-4 NMSA 1978, as enacted by Laws 2003, ch. 167, § 4, relating to civil actions and criminal penalties, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-5 - Repealed.

History: Laws 2003, ch. 167, § 5; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-5 NMSA 1978, as enacted by Laws 2003, ch. 167, § 5, relating to rules to implement telephone solicitation restrictions, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-6 - Repealed.

History: Laws 2003, ch. 167, § 6; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-6 NMSA 1978, as enacted by Laws 2003, ch. 167, § 6, relating to restrictions on use of registry, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12A-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12A - Consumer No-Call (Repealed.)|Section 57-12A-7 - Repealed.

History: Laws 2003, ch. 167, § 7; repealed by Laws 2003, ch. 167, § 11. ANNOTATIONSRepeals. — Laws 2003, ch. 167, § 11 repealed 57-12A-7 NMSA 1978, as enacted by Laws 2003, ch. 167, § 7, relating to blocking of caller identification service, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 57-12B-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12B - Privacy Protection|Section 57-12B-1 - Short title.

Chapter 57, Article 12B NMSA 1978 may be cited as the "Privacy Protection Act". History: Laws 2003, ch. 169, § 1; 2005, ch. 127, § 1. ANNOTATIONSThe 2005 amendment, effective January 1, 2006, changed the reference to the Privacy Protection Act to the NMSA 1978 designation.
NM Stat § 57-12B-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12B - Privacy Protection|Section 57-12B-2 - Definitions.

As used in the Privacy Protection Act: A. "business" means a commercial enterprise that: (1) sells or leases or intends to sell or lease products, goods or services to consumers; (2) is an agent of a business described in Paragraph (1) of this subsection; or (3) is an agent of a nonprofit organization selling marketing services to that organization; and B. "consumer" means a natural person, who is a resident of New Mexico, and who purchases, leases or otherwise contracts for products, goods or services within New Mexico that are primarily used for personal, family or household purposes. History: Laws 2003, ch. 169, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 2 effective January 1, 2004.
NM Stat § 57-12B-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12B - Privacy Protection|Section 57-12B-3 - Disclosure of social security number.

A. Except as provided in Subsection B of this section, no business shall require a consumer's social security number as a condition for the consumer to lease or purchase products, goods or services from the business. B. Nothing in this section prohibits a business from requiring or requesting a consumer's social security number if the number will be used in a manner consistent with state or federal law or as part of an application for credit or in connection with annuity or insurance transactions. C. Nothing in this section prohibits a business from acquiring or using a consumer's social security number if the consumer consents to the acquisition or use. D. A company acquiring or using social security numbers of consumers shall adopt internal policies that: (1) limit access to the social security numbers to those employees authorized to have access to that information to perform their duties; and (2) hold employees responsible if the social security numbers are released to unauthorized persons. History: Laws 2003, ch. 169, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 3 effective January 1, 2004.
NM Stat § 57-12C-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-1 - Short title.

This act [57-12C-1 to 57-12C-12 NMSA 1978] may be cited as the "Data Breach Notification Act". History: Laws 2017, ch. 36, § 1. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-2 - Definitions.

As used in the Data Breach Notification Act: A. "biometric data" means a record generated by automatic measurements of an identified individual's fingerprints, voice print, iris or retina patterns, facial characteristics or hand geometry that is used to uniquely and durably authenticate an individual's identity when the individual accesses a physical location, device, system or account; B. "encrypted" means rendered unusable, unreadable or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security; C. "personal identifying information": (1) means an individual's first name or first initial and last name in combination with one or more of the following data elements that relate to the individual, when the data elements are not protected through encryption or redaction or otherwise rendered unreadable or unusable: (a) social security number; (b) driver's license number; (c) government-issued identification number; (d) account number, credit card number or debit card number in combination with any required security code, access code or password that would permit access to a person's financial account; or (e) biometric data; and (2) does not mean information that is lawfully obtained from publicly available sources or from federal, state or local government records lawfully made available to the general public; D. "security breach" means the unauthorized acquisition of unencrypted computerized data, or of encrypted computerized data and the confidential process or key used to decrypt the encrypted computerized data, that compromises the security, confidentiality or integrity of personal identifying information maintained by a person. "Security breach" does not include the good-faith acquisition of personal identifying information by an employee or agent of a person for a legitimate business purpose of the person; provided that the personal identifying information is not subject to further unauthorized disclosure; and E. "service provider" means any person that receives, stores, maintains, licenses, processes or otherwise is permitted access to personal identifying information through its provision of services directly to a person that is subject to regulation. History: Laws 2017, ch. 36, § 2. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-3 - Disposal of personal identifying information.

A person that owns or licenses records containing personal identifying information of a New Mexico resident shall arrange for proper disposal of the records when they are no longer reasonably needed for business purposes. As used in this section, "proper disposal" means shredding, erasing or otherwise modifying the personal identifying information contained in the records to make the personal identifying information unreadable or undecipherable. History: Laws 2017, ch. 36, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-4 - Security measures for storage of personal identifying information.

A person that owns or licenses personal identifying information of a New Mexico resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification or disclosure. History: Laws 2017, ch. 36, § 4. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-5 - Service provider use of personal identifying information; implementation of security measures.

A person that discloses personal identifying information of a New Mexico resident pursuant to a contract with a service provider shall require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification or disclosure. History: Laws 2017, ch. 36, § 5. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-7 - Notification; required content.

Notification required pursuant to Subsection A of Section 6 [57-12C-6 NMSA 1978] of the Data Breach Notification Act shall contain: A. the name and contact information of the notifying person; B. a list of the types of personal identifying information that are reasonably believed to have been the subject of a security breach, if known; C. the date of the security breach, the estimated date of the breach or the range of dates within which the security breach occurred, if known; D. a general description of the security breach incident; E. the toll-free telephone numbers and addresses of the major consumer reporting agencies; F. advice that directs the recipient to review personal account statements and credit reports, as applicable, to detect errors resulting from the security breach; and G. advice that informs the recipient of the notification of the recipient's rights pursuant to the federal Fair Credit Reporting. History: Laws 2017, ch. 36, § 7. ANNOTATIONSCross references. — For the federal Fair Credit Reporting Act, see 15 U.S.C. § 1681 et seq. Effective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-8 - Exemptions.

The provisions of the Data Breach Notification Act shall not apply to a person subject to the federal Gramm-Leach-Bliley Act or the federal Health Insurance Portability and Accountability Act of 1996. History: Laws 2017, ch. 36, § 8. ANNOTATIONSCross references. — For the federal Gramm-Leach-Bliley Act, see 15 U.S.C. §§ 6801-6810 For the federal Health Insurance Portability and Accountability Act of 1996, see 42 U.S.C. 300gg et seq. Effective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 57-12C-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-9 - Delayed notification.

The notification required by the Data Breach Notification Act may be delayed: A. if a law enforcement agency determines that the notification will impede a criminal investigation; or B. as necessary to determine the scope of the security breach and restore the integrity, security and confidentiality of the data system. History: Laws 2017, ch. 36, § 9. ANNOTATIONSEffective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.