reglab/housing_qa huggingface dataset:
NM Stat § 56-1-13 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 1 - Retail Installment Sales|Section 56-1-13 - Contracts executed prior to act.

The provisions of this act [56-1-1 to 56-1-13 NMSA 1978] shall not invalidate or make unlawful retail installment contracts or retail charge agreements executed prior to the effective date hereof. History: 1953 Comp., § 50-16-13, enacted by Laws 1965, ch. 258, § 13. ANNOTATIONSCompiler's notes. — The phrase "effective date hereof" at the end of the section refers to the effective date of Laws 1965, ch. 258, which was May 19, 1965. Severability. — Laws 1965, ch. 258, § 14, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 56-1-14 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 1 - Retail Installment Sales|Section 56-1-14 - Open-end retail charge agreements; application of payments; prohibition against repossession of merchandise under agreement when paid for.

A. Payments made on retail charges agreements, open-end contracts or similar types of add-on retail sales agreements shall be first applied to the purchases earliest in time. The payments shall be credited first to the current interest or carrying charges and then in reduction of the purchase price of merchandise in the order in which it was purchased. B. When, subsequent to the date of purchase, payments have been made and credited in an amount to pay the sales price and carrying charges of any merchandise, then that article of merchandise shall be considered paid for in full, provided that all balances incurred prior to that purchase have been paid. C. The articles of merchandise which have been paid for under this section shall not thereafter be repossessed or considered security for the payment of any charges arising out of subsequent purchases under the same account. History: 1953 Comp., § 50-16-14, enacted by Laws 1967, ch. 179, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 Am. Jur. 2d Sales §§ 413, 421. 77A C.J.S. Sales § 1 et seq.
NM Stat § 56-1-15 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 1 - Retail Installment Sales|Section 56-1-15 - Creditor compliance with federal regulations deemed compliance with this act.

Any creditor engaging in transactions subject to the provisions of this act, who complies with 15 United States Code, [§§] 1601 through 1665, and the regulations promulgated pursuant thereto, shall be deemed to have complied with applicable provisions of this act. History: 1953 Comp., § 50-16-15, enacted by Laws 1969, ch. 110, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this act," in the catchline and text of this section apparently refer to Laws 1965, ch. 258, as amended, compiled as 56-1-1 to 56-1-13 NMSA 1978 and may also include Laws 1967, ch. 179, § 1, compiled as 56-1-14 NMSA 1978.
NM Stat § 56-2-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 2 - Debt Adjusters|Section 56-2-1 - Definitions.

As used in this act [56-2-1 to 56-2-4 NMSA 1978]: A. "person" means an individual, partnership, corporation and association; B. "debt adjuster" means a person who acts or offers to act for a consideration as an intermediary between a debtor and his creditors for the purpose of settling, compounding or in anywise altering the terms of payment of any debts of the debtor; and, to that end, receives money or other property from the debtor, or on behalf of the debtor, for payment to, or distribution among the creditors of the debtor; C. "debtor" means an individual, and includes two (2) or more individuals who are jointly and severally, or jointly or severally indebted. History: 1953 Comp., § 50-17-1, enacted by Laws 1965, ch. 80, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies §§ 1, 17, 18. Survival of liability on joint obligation, 67 A.L.R. 608. Legislation regulating, taxing or forbidding debt adjusting, 95 A.L.R.2d 1354. What constitutes false, deceptive, or misleading representation or means in connection with collection of debt proscribed by provisions of Fair Debt Collection Practices Act (15 USCS § 1692e), 67 A.L.R. Fed. 974.
NM Stat § 56-2-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 2 - Debt Adjusters|Section 56-2-2 - Prohibition; penalty.

Any person who shall hereafter act or offer to act as a debt adjuster in this state shall be guilty of a misdemeanor. History: 1953 Comp., § 50-17-2, enacted by Laws 1965, ch. 80, § 2. ANNOTATIONSCross references. — For penalties for misdemeanors, see 31-19-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies § 18.
NM Stat § 56-2-3 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 2 - Debt Adjusters|Section 56-2-3 - Injunction.

Courts of record shall have power, in an action brought in the name of the state by the attorney general, to enjoin any person from acting or offering to act as a debt adjuster; and, in such action, may appoint a receiver for the property and money employed in the transaction of business by such person as a debt adjuster, to insure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster, and has not been paid to the creditors of the debtors. History: 1953 Comp., § 50-17-3, enacted by Laws 1965, ch. 80, § 3.
NM Stat § 56-2-4 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 2 - Debt Adjusters|Section 56-2-4 - Exemptions.

The following persons shall not be deemed debt adjusters for the purposes of this act [56-2-1 to 56-2-4 NMSA 1978]: any attorney-at-law admitted to practice in this state; any person who is a regular, full-time employee of a debtor, and who acts as an adjuster of his employer's debts; any person acting pursuant to any order or judgment of court, or pursuant to authority conferred by any law of this state or of the United States; any person who is a creditor of the debtor, or an agent of one (1) or more creditors of the debtor, and whose service in adjusting the debtor's debts are rendered without cost to the debtor; and any person who, at the request of a debtor, arranges for or makes a loan to the debtor, and who, at the authorization of the debtor, acts as an adjuster of the debtor's debts in the disbursement of the proceeds of the loan, without compensation for the services rendered in adjusting such debts; nonprofit corporations organized as a community effort to assist debtors. History: 1953 Comp., § 50-17-4, enacted by Laws 1965, ch. 80, § 4.
NM Stat § 56-3-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-1 - Definitions.

As used in this act [56-3-1 to 56-3-6 NMSA 1978]: A. "credit bureau" means any business engaged in furnishing credit information about consumers; and B. "consumer" means any natural person in the general consuming public who seeks or is seeking credit for personal, family or household purposes. History: 1953 Comp., § 50-18-1, enacted by Laws 1969, ch. 259, § 1; 1971, ch. 278, § 4. ANNOTATIONSLaw reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies §§ 1 to 27. Rights and remedies of financial institution customer in relation to subpoena duces tecum exception to general prohibitions of state right to financial privacy statute, 43 A.L.R.4th 1157. Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.
NM Stat § 56-3-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-2 - Availability of information to the public; liability.

A. Any credit bureau conducting business in the state shall provide trained personnel to interview and counsel with a consumer, during normal business hours, concerning any information about that consumer contained in the credit bureau's files. B. A credit bureau, upon request, shall disclose the content of all information about that particular consumer which is included in his credit report or rating, if the consumer making the request presents adequate identification. C. For any consumer to whom credit has been refused because of a credit bureau's report, the credit bureau which compiled the report shall make any necessary reinvestigation and perform any necessary updating or correction of records at no cost to the consumer. A credit bureau may charge a fee of not to exceed five dollars ($5.00) for any reinvestigation requested by any consumer, if that consumer has not been refused credit on the basis of a credit bureau report. D. After a credit bureau has been given written notice of any error in its credit report or record by a consumer, the credit bureau is liable for any subsequent report which fails to correct the error. However, prior to receiving written notice of such error, a credit bureau or its source of information is not liable for any damages caused by any reports or dispersal of information which is the result of an unintentional error of either the credit bureau or its source of information. E. A credit bureau shall give to any consumer examining his credit record forms upon which to designate any errors which the consumer discovers in his credit record or report. History: 1953 Comp., § 50-18-2, enacted by Laws 1969, ch. 259, § 2; 1971, ch. 278, § 1. ANNOTATIONSLaw reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies §§ 17 to 29. Sufficiency of showing of malice or lack of reasonable care to support credit agency's liability for circulating inaccurate credit report, 40 A.L.R.3d 1049. Imputation of insolvency as defamatory, 49 A.L.R.3d 163. Validity and construction of state fair credit reporting acts, 12 A.L.R.4th 294.
NM Stat § 56-3-3 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-3 - Information to non credit-granting governmental agencies.

A. A credit bureau may supply identifying information such as names, addresses, former addresses, places of employment and former employment to non credit-granting governmental agencies. B. No other information may be supplied to such governmental agencies, other than as provided in Subsection A of this section, by a credit bureau except in response to legal process unless the investigation is for security purposes. C. The limitations contained in Subsections A and B of this section shall not apply to the child support enforcement division of the human services department which shall, unless otherwise prohibited by law, have the right to full access to credit bureau reports for the purpose of assisting it in carrying out its duties to locate child support obligors and enforce child support obligations pursuant to the department's child support program responsibilities set forth in Section 27-2-27 NMSA 1978. The child support enforcement division shall limit its use of consumer credit reports to those purposes permissible under the federal Fair Credit Reporting Act, 15 U.S.C. 1681. The division shall furnish to the credit bureau the judgment or case number for the child support obligation for which a report is requested, and the credit bureau furnishing reports to the division shall audit the division's requests on a monthly basis to assure the division's compliance with this subsection. Any employee of the division having access to credit bureau reports shall limit strictly the use of information contained in the reports to purposes connected with the employee's responsibilities for enforcing child support obligations pursuant to the state's child support enforcement program. History: 1953 Comp., § 50-18-3, enacted by Laws 1969, ch. 259, § 3; 1989, ch. 165, § 1. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, inserted "of this section" in Subsection B, and added Subsection C. Law reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970).
NM Stat § 56-3-4 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-4 - Information to businesses, professions and individuals.

A. In dealing with businesses, professions and individuals, a credit bureau shall require service contracts to be executed in which the regular subscriber or the occasional user certifies that inquiries shall be made only for the purposes of the granting of credit or other bona fide business transaction, such as evaluation of present or prospective credit risks or evaluation of the qualifications of present or prospective employees. B. The credit bureau shall refuse service to any prospective subscriber or user who will not so certify, and shall discontinue service to any who fails to honor the above contract provisions. History: 1953 Comp., § 50-18-4, enacted by Laws 1969, ch. 259, § 4. ANNOTATIONSLaw reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies § 18.
NM Stat § 56-3-5 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-5 - Personnel reporting; safeguards.

A credit bureau which furnishes personnel-reporting service shall adopt rigid safeguards in order that the specialized information developed in the course of such investigations other than credit information shall be maintained separately, and shall not be incorporated in credit reports or made available to subsequent inquirers except in connection with a subsequent personnel investigation. History: 1953 Comp., § 50-18-5, enacted by Laws 1969, ch. 259, § 5. ANNOTATIONSLaw reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970).
NM Stat § 56-3-6 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-6 - Report information; limitations.

A. A credit bureau may report the following matters for no longer than the specified periods: (1) bankruptcies of all types for not longer than fourteen years from the date of adjudication of the most recent bankruptcy; (2) accounts placed for collection and accounts charged to profit and loss for not longer than seven years, or until the governing statute of limitations has expired, whichever is the longer period; (3) suits and judgments for not longer than seven years from date of entry, or until the governing statute of limitations has expired, whichever is the longer period; (4) paid tax liens for not longer than seven years and unpaid tax liens for any length of time; (5) arrests and indictments pending trial, or convictions of crimes, for not longer than seven years from date of release or parole. Such items shall no longer be reported if at any time it is learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result; and (6) any other data not otherwise specified in this section, for not longer than seven years. B. A credit bureau shall delete as soon as practical any item of derogatory information whenever it is ascertained that the source of information can no longer verify the item in question from its records of original entry. History: 1953 Comp., § 50-18-6, enacted by Laws 1969, ch. 259, § 6. ANNOTATIONSLaw reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of state fair credit reporting acts, 12 A.L.R.4th 294.
NM Stat § 56-3-7 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-7 - Civil liability for noncompliance.

A. Any credit bureau or user of information that willfully fails to comply with any requirement of Sections 56-3-1 through 56-3-6 NMSA 1978 with respect to any consumer is liable to that consumer in an amount equal to: (1) any actual damages sustained by the consumer as a result of the failure; (2) punitive damages as the court may allow; and (3) in the case of any successful action under this section, costs of the action and reasonable attorney's fees as determined by the court. B. Any credit bureau or user of information that is negligent in failing to comply with any requirement of Sections 56-3-1 through 56-3-6 NMSA 1978 with respect to any consumer is liable to that consumer in an amount equal to: (1) any actual damages sustained by the consumer as a result of the failure; and (2) in the case of any successful action under this section, costs of the action and reasonable attorney's fees as determined by the court. History: 1953 Comp., § 50-18-7, enacted by Laws 1971, ch. 278, § 2. ANNOTATIONSAnalogous to federal law. — The New Mexico's Credit Bureaus Act operates as a state consumer-protection statute analogous to the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq., not merely a statutory codification of the common-law torts of defamation, invasion of privacy, or negligence. Apodaca v. Discover Fin. Servs., 417 F.Supp.2d 1220 (D.N.M. 2006). Law reviews. — For comment, "Credit Bureaus and Consumers - Regulation and Remedy in New Mexico," see 10 Nat. Resources J. 171 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies §§ 22 to 29. Award of attorneys' fees in actions under state deceptive trade practice and consumer protection acts, 35 A.L.R.4th 12.
NM Stat § 56-3-8 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3 - Credit Bureaus|Section 56-3-8 - Penalty.

It is a fourth-degree felony for: A. any person to knowingly and willfully obtain information on a consumer from a credit bureau under false pretenses; or B. any officer or employee of a credit bureau to knowingly and willfully provide information concerning a consumer from the credit bureau's files to a person or firm not authorized to receive that information. History: 1953 Comp., § 50-18-8, enacted by Laws 1971, ch. 278, § 3. ANNOTATIONSCross references. — For penalties for felonies, see 31-18-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Collection and Credit Agencies §§ 30, 31.
NM Stat § 56-3A-1 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3A - Credit Report Security Act|Section 56-3A-1 - Short title.

Chapter 56, Article 3A NMSA 1978 may be cited as the "Fair Credit Reporting and Identity Security Act". History: Laws 2007, ch. 106, § 1; 2010, ch. 54, § 1. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, deleted "This act" and added "Chapter 56, Article 3A NMSA 1978" and after "cited as the", deleted "Credit Report" and added "Fair Credit Reporting and Identity".
NM Stat § 56-3A-2 (2021)
2021 New Mexico Statutes|Chapter 56 - Commercial Instruments and Transactions|Article 3A - Credit Report Security Act|Section 56-3A-2 - Definitions.

As used in the Fair Credit Reporting and Identity Security Act: A. "consumer" means an individual who is a resident of New Mexico; B. "consumer reporting agency" means any person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties; C. "credit report" means a written, oral or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used or collected for the purpose of serving as a factor in establishing the consumer's eligibility for credit, insurance, investment, benefit, employment or other purpose as authorized by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a; D. "declaration of removal" means an identity theft report with a sworn affidavit that is delivered by regular or certified mail or facsimile or delivered electronically to a consumer reporting agency that operates within New Mexico and which affidavit states: (1) that the consumer is entitled to removal of information in the consumer reporting agency's files on grounds that the consumer is the victim of identity theft; and (2) the address at which the consumer is available for service of process by the consumer reporting agency and proper identifying information by which the consumer can be identified by the consumer reporting agency; E. "person" means an individual, corporation, firm, association, organization, trust, estate, cooperative, business, partnership, limited liability company, joint venture, governmental agency or subdivision or any legal or commercial entity; F. "security freeze" means a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits a consumer reporting agency from releasing the consumer's credit report or score relating to the extension of credit or the opening of new accounts without the express authorization of the consumer; and G. "operates within New Mexico" means accepting or maintaining a credit report on a person that resides within New Mexico. History: Laws 2007, ch. 106, § 2; 2010, ch. 54, § 2. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in the introductory sentence, deleted "Credit Report" and added "Fair Credit Reporting and Identity"; added Subsections D and G.