reglab/housing_qa huggingface dataset:
NM Stat § 57-12C-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-10 - Notification to attorney general and credit reporting agencies.

A person that is required to issue notification of a security breach pursuant to the Data Breach Notification Act to more than one thousand New Mexico residents as a result of a single security breach shall notify the office of the attorney general and major consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the security breach in the most expedient time possible, and no later than forty-five calendar days, except as provided in Section 9 [57-12C-9 NMSA 1978] of the Data Breach Notification Act. A person required to notify the attorney general and consumer reporting agencies pursuant to this section shall notify the attorney general of the number of New Mexico residents that received notification pursuant to Section 6 of that act [57-12C-6 NMSA 1978] and shall provide a copy of the notification that was sent to affected residents within forty-five calendar days following discovery of the security breach, except as provided in Section 9 of the Data Breach Notification Act. History: Laws 2017, ch. 36, § 10. 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-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-11 - Attorney general enforcement; civil penalty.

A. When the attorney general has a reasonable belief that a violation of the Data Breach Notification Act has occurred, the attorney general may bring an action on the behalf of individuals and in the name of the state alleging a violation of that act. B. In any action filed by the attorney general pursuant to the Data Breach Notification Act, the court may: (1) issue an injunction; and (2) award damages for actual costs or losses, including consequential financial losses. C. If the court determines that a person violated the Data Breach Notification Act knowingly or recklessly, the court may impose a civil penalty of the greater of twenty-five thousand dollars ($25,000) or, in the case of failed notification, ten dollars ($10.00) per instance of failed notification up to a maximum of one hundred fifty thousand dollars ($150,000). History: Laws 2017, ch. 36, § 11. 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-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12C - Data Breach Notification|Section 57-12C-12 - State of New Mexico and political subdivisions exempted.

Nothing in the Data Breach Notification Act shall be interpreted to apply to the state of New Mexico or any of its political subdivisions. History: Laws 2017, ch. 36, § 12. 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 § 57-13-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-1 - Short title.

Chapter 57, Article 13 NMSA 1978 may be cited as the "Pyramid Promotional Schemes Act". History: 1953 Comp., § 50-20-1, enacted by Laws 1973, ch. 377, § 1; 1987, ch. 100, § 1. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Chapter 57, Article 13 NMSA 1978" for "This act" and "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act." Applicability. — Section 15, Laws 1987, ch. 100, effective June 19, 1987, provided that the act applies only to pyramid promotional schemes established, operated, advertised or promoted on or after June 19, 1987. Constitutionality. — The Pyramid or Multilevel Sales Act is not unconstitutionally vague and overbroad. State ex rel. Stratton v. Sinks, 1987-NMCA-092, 106 N.M. 213, 741 P.2d 435. The Pyramid or Multilevel Sales Act does not operate as an unconstitutional restraint of trade. State ex rel. Stratton v. Sinks, 1987-NMCA-092, 106 N.M. 213, 741 P.2d 435. Given the potentially deceptive nature of pyramids, there is a valid state interest in their regulation, and any infringement on first amendment rights to free speech and assembly is both negligible and subordinate. State ex rel. Stratton v. Sinks, 1987-NMCA-092, 106 N.M. 213, 741 P.2d 435. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 Am. Jur. 2d Sales § 86. Enforceability of transaction entered into pursuant to referral sales arrangement, 14 A.L.R.3d 1420. Validity of pyramid distribution plan, 54 A.L.R.3d 217. 77A C.J.S. Sales § 1 et seq.
NM Stat § 57-13-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-2 - Definitions.

As used in the Pyramid Promotional Schemes Act: A. "compensation" includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon payment; B. "consideration" means the payment of cash or the purchase of goods, services or intangible property but does not include: (1) the purchase of goods or services furnished at cost to be used in making sales and not for resale; or (2) time and effort spent in pursuit of sales or recruiting activities; and C. "pyramid promotional scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from any person's introduction of other persons into participation in the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation. History: 1978 Comp., § 57-13-2, enacted by Laws 1987, ch. 100, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1987, ch. 100, § 2 repealed former 57-13-2 NMSA 1978, as enacted by Laws 1973, ch. 377, § 2, and enacted a new section, effective June 19, 1987.
NM Stat § 57-13-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-3 - Prohibition; defenses excluded.

A. A person shall not establish, operate, advertise or promote a pyramid promotional scheme. B. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme nor is it a defense under this article that a participant, on giving consideration, obtains any goods, services or intangible property in addition to the right to receive compensation. History: 1978 Comp., § 57-13-3, enacted by Laws 1987, ch. 100, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1987, ch. 100, § 3 repealed former 57-13-3 NMSA 1978, as enacted by Laws 1973, ch. 377, § 3, and enacted a new section, effective June 19, 1987.
NM Stat § 57-13-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-4 - Restraint of prohibited acts; restitution; penalties.

A. Whenever the attorney general has reasonable belief that any person is using, has used or is about to use any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful and that proceedings would be in the public interest, he may bring an action in the name of the state against that person to restrain, by temporary or permanent injunction, the use of such method, act or practice. The action may be brought in the district court of the county in which the person resides or has his principal place of business or in the district court in the county in which the person is using, has used or is about to use the practice which has been alleged to be unlawful under the Pyramid Promotional Schemes Act. The attorney general acting on behalf of the state shall not be required to post bond when seeking a temporary or permanent injunction. B. In any action brought under Subsection A of this section, the court may, upon petition of the attorney general, require that the person engaged in the unlawful practice make restitution to all persons of money, property or other things received from them in any transaction related to the unlawful practice; and it is further provided that if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Pyramid Promotional Schemes Act, the attorney general, upon petition to the court, may recover on behalf of the state a civil penalty not exceeding ten thousand dollars ($10,000) per violation. History: 1953 Comp., § 50-20-4, enacted by Laws 1973, ch. 377, § 4; 1987, ch. 100, § 4. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" in the three places that it appears in the section and made minor changes in language throughout the section.
NM Stat § 57-13-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-5 - Settlements.

A. In lieu of beginning or continuing an action pursuant to the Pyramid Promotional Schemes Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of that act from the person who has engaged in the unlawful practice. The attorney general may require an agreement by the person engaged in the unlawful practice that by a date set by the attorney general and stated in the assurance, he will make restitution to all persons of money, property or other things received from them in any transaction related to the unlawful practice. All settlements are a matter of public record. B. A person need not accept restitution pursuant to an assurance. His acceptance of restitution bars recovery of any damages in any action by him or on his behalf against the same defendant on account of the same unlawful practice. C. A violation of an assurance entered into pursuant to this section is a violation of the Pyramid Promotional Schemes Act. History: 1953 Comp., § 50-20-5, enacted by Laws 1973, ch. 377, § 5; 1987, ch. 100, § 5. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" in Subsection A and Subsection C and made a minor language change in Subsection A.
NM Stat § 57-13-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-6 - Private remedies.

A. A person likely to be damaged by any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required. B. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if: (1) the party complaining of an unlawful practice has brought an action which he knew to be groundless; or (2) the party charged with an unlawful practice has willfully engaged in the practice knowing it to be unlawful. C. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state. History: 1953 Comp., § 50-20-6, enacted by Laws 1973, ch. 377, § 6; 1987, ch. 100, § 6. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, in Subsection A, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" and deleted the last sentence, which read: "Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source." Failure to file answer bringing partial directed verdict. — In a civil suit by the state under the Pyramid or Multilevel Sales Act and the Unfair Practices Act, defendant's right to trial by jury was not infringed upon by the trial court's granting of a partial directed verdict against him on the issue of liability and the court's rejection of requested jury instructions, including requested special interrogatories to the jury, where defendant failed to file an answer to the complaint filed by the state, but only filed a document entitled "Declaration of Status", and challenged the jurisdiction of the court and the constitutionality of the Pyramid or Multilevel Sales Act. State ex rel. Stratton v. Sinks, 1987-NMCA-092, 106 N.M. 213, 741 P.2d 435.
NM Stat § 57-13-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-7 - Penalties.

Any person violating the Pyramid Promotional Schemes Act shall be deemed guilty of a fourth degree felony and shall be sentenced to a term of imprisonment pursuant to the provisions of Subsections A through C of Section 31-18-15 NMSA 1978 or fined not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000), or both. History: 1953 Comp., § 50-20-7, enacted by Laws 1973, ch. 377, § 7; 1987, ch. 100, § 7. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, rewrote the section.
NM Stat § 57-13-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-8 - Pyramid Promotional Schemes Act restitution fund.

A. All civil penalties collected under Section 57-13-4 NMSA 1978 shall be deposited in the state treasury in a fund to be designated as the "Pyramid Promotional Schemes Act restitution fund", which fund is hereby established and which shall be administered by the attorney general. All expenditures from this fund shall be paid upon petition to the attorney general to those persons adequately establishing injury in money, property or other things in a transaction related to a practice declared unlawful under the Pyramid Promotional Schemes Act and who were unknown to the court at the time judgment was rendered. B. Excepting any amount then being considered as an expenditure pursuant to a petition under Subsection A of this section, the balance of a civil penalty collected shall be transferred to the state general fund eighteen months after collection. History: 1953 Comp., § 50-20-8, enacted by Laws 1973, ch. 377, § 8; 1987, ch. 100, § 8. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, in Subsection A, substituted "57-13-4 NMSA 1978" for "4 of this act" near the beginning, substituted "Pyramid Promotional Schemes Act" for "Pyramid Sales Act" and made a minor language change.
NM Stat § 57-13-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 100, § 16, effective June 19, 1987, repealed 57-13-10 NMSA 1978, as enacted by Laws 1973, ch. 377, § 10, relating to registering of pyramid or multilevel sales companies with the attorney general and the designation of the secretary of state as their agent for service of process.
NM Stat § 57-13-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-11 - Regulations.

The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of the Pyramid Promotional Schemes Act. A violation of these regulations shall be unlawful. History: 1953 Comp., § 50-20-11, enacted by Laws 1973, ch. 377, § 11; 1987, ch. 100, § 10. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act."
NM Stat § 57-13-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-12 - Construction.

The Pyramid Promotional Schemes Act neither enlarges nor diminishes the rights of parties in private litigation. History: 1953 Comp., § 50-20-12, enacted by Laws 1973, ch. 377, § 12; 1987, ch. 100, § 11. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act."
NM Stat § 57-13-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-13 - Enforcement.

In order to promote the uniform administration of the Pyramid Promotional Schemes 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 that act. History: 1953 Comp., § 50-20-13, enacted by Laws 1973, ch. 377, § 13; 1987, ch. 100, § 12. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" near the beginning and made a minor language change near the end of the section.
NM Stat § 57-13-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-14 - Advertising media excluded.

The Pyramid Promotional Schemes 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 actual knowledge of its being in violation of that act. History: 1953 Comp., § 50-20-14, enacted by Laws 1973, ch. 377, § 14; 1987, ch. 100, § 13. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" and made a minor language change at the end of the section.
NM Stat § 57-13-15 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-15 - Issuance of ne exeat.

Whenever the attorney general has reasonable belief that any person is using or is about to use any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful, and whenever the attorney general has reasonable belief that any such person is about to remove himself from New Mexico, or is about to remove his property or assets from New Mexico, the attorney general may petition the appropriate district court for a writ of ne exeat, and the court may forbid any such person from leaving New Mexico or removing his property or assets from New Mexico until a determination of the issues has been made. History: 1953 Comp., § 50-20-15, enacted by Laws 1973, ch. 377, § 15; 1987, ch. 100, § 14. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" and made minor language changes throughout the section. Applicability. — Section 15, Laws 1987, ch. 100, effective June 19, 1987, provided that the act applies only to pyramid promotional schemes established, operated, advertised or promoted on or after June 19, 1987.
NM Stat § 57-13-16 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-16 - Posting of bond.

The court may require any such person to post a ne exeat bond conditioned on such person's appearance at all hearings on the matter at issue. History: 1953 Comp., § 50-20-16, enacted by Laws 1973, ch. 377, § 16.
NM Stat § 57-13-17 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-17 - Hearing after incarceration.

No such person shall be incarcerated for failure to post said ne exeat bond for longer than seventy-two 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., § 50-20-17, enacted by Laws 1973, ch. 377, § 17.
NM Stat § 57-13-18 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 13 - Pyramid or Multilevel Sales|Section 57-13-18 - 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., § 50-20-18, enacted by Laws 1973, ch. 377, § 18.
NM Stat § 57-14-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-1 - Short title.

This act [57-14-1 to 57-14-9 NMSA 1978] may be cited as the "Price Discrimination Act". History: 1953 Comp., § 49-11-1, enacted by Laws 1961, ch. 229, § 1. ANNOTATIONSCross references. — For restraints of trade generally, see 57-1-1 NMSA 1978 et seq. Act parallels federal act. — The Price Discrimination Act (57-14-1 to 57-14-9) adopted by the New Mexico legislature, except for its provision permitting damages, closely parallels the Robinson-Patman Act, adopted by congress as an amendment to the Clayton Anti-Trust Act, 15 U.S.C. § 13 (1976). Jay Walton Enters., Inc. v. Rio Grande Oil Co., 1987-NMCA-070, 106 N.M. 55, 738 P.2d 927, cert. denied, 106 N.M. 7, 738 P.2d 125.
NM Stat § 57-14-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-2 - Definitions.

As used in the Price Discrimination Act: A. "person" means an individual, partnership, association, corporation, joint-stock company or business trust; B. "price" means the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller; C. "commerce" means trade within this state; and D. "commodity" means any movable article or any commercial service sold in commerce. History: 1953 Comp., § 49-11-2, enacted by Laws 1961, ch. 229, § 2; 1965, ch. 301, § 1.
NM Stat § 57-14-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-4 - Meeting competitive price a defense.

It is a defense to any action under this act [57-14-1 to 57-14-9 NMSA 1978] to show that the seller's lower price, payment or furnishing of services or facilities to any purchaser, was made in good faith to meet equally low prices of a competitor or the services or facilities furnished by a competitor. History: 1953 Comp., § 49-11-4, enacted by Laws 1961, ch. 229, § 4. ANNOTATIONS"Good faith" as a defense. — It is a defense to an action alleging price discrimination under the New Mexico Price Discrimination Act (57-14-1 to 57-14-9 NMSA 1978) to show that defendants acted in "good faith" and did not intend their actions to create a monopoly or to unlawfully discriminate against a competitor. Jay Walton Enters., Inc. v. Rio Grande Oil Co., 1987-NMCA-070, 106 N.M. 55, 738 P.2d 927, cert. denied, 106 N.M. 7, 738 P.2d 125. Am. Jur. 2d, A.L.R. and C.J.S. references. — Meeting competition defense under § 2(b) of Clayton Act, as amended by Robinson-Patman Act (15 U.S.C.A. § 13(b)), 164 A.L.R. Fed. 633.