reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 3 effective January 1, 2004.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, rewrote the section.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 13 - Pyramid or Multilevel Sales › Section 57-13-10 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act."
2023 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.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act."
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 14 - Price Discrimination › Section 57-14-5 - Commissions and brokerages unlawful.

It is unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares or merchandise. It is unlawful for either party to the transaction to pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount to the other party to the transaction or to any agent, representative or other intermediary acting for, on behalf of or subject to direct or indirect control of the other party to the transaction.
History:
1953 Comp., § 49-11-5, enacted by Laws 1961, ch. 229, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
54A Am. Jur. 2d Monopolies, Restraints of Trade and Unfair Trade Practices § 1070.
Validity, construction, and application of state statute forbidding unfair trade practice or competition by discriminatory allowance of rebates, commissions, discounts, or the like, 41 A.L.R.4th 675.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 14 - Price Discrimination › Section 57-14-6 - Customer discrimination.

It is unlawful for any person engaged in commerce:
A. to pay or contract for payment of anything of value to or for the benefit of a customer as compensation for any services or facilities furnished by or through the customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, sold or offered for sale unless the payment or compensation is available on proportionally equal terms to all other customers competing in the distribution of the products or commodities;
B. to discriminate in favor of one purchaser against another purchaser of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of the commodity purchased on terms not accorded to all purchasers on proportionally equal terms; or
C. knowingly to induce or receive a discrimination in price which is prohibited by the Price Discrimination Act.
History:
1953 Comp., § 49-11-6, enacted by Laws 1961, ch. 229, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 14 - Price Discrimination › Section 57-14-7 - Cooperatives exempt.

Nothing in the Price Discrimination Act prevents a cooperative association from returning to its members, producers or consumers the whole or any part of the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the cooperative.
History:
1953 Comp., § 49-11-7, enacted by Laws 1961, ch. 229, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 14 - Price Discrimination › Section 57-14-8 - Injunctive relief; damages.

A. Any person injured by any violation, or who will be injured from any threatened violation of the Price Discrimination Act may maintain an action in the district court to enjoin the violation or threatened violation. If a violation or threatened violation is established, the court shall enjoin it and the plaintiff may recover threefold, the amount of damages sustained, costs of suit and a reasonable attorney fee.
B. Any person injured by any violation of the Price Discrimination Act may maintain an action in the district court for damages alone and the measure of damages is the same as that prescribed in Subsection A of this section.
C. In any action under this section, upon proof that he has been unlawfully discriminated against by the defendant, the plaintiff shall be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination and in addition, he may establish further damages sustained as a result of the discrimination.
D. Where a defendant's trade or industry has an established cost survey for the localities in which the offense was committed, it is competent evidence to prove the costs of the defendant in an action under the Price Discrimination Act.
History:
1953 Comp., § 49-11-8, enacted by Laws 1961, ch. 229, § 8; 1965, ch. 301, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
87 C.J.S. Trademarks, Tradenames and Unfair Competition § 245.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 14 - Price Discrimination › Section 57-14-9 - Illegal contracts.

Any express or implied contract made by any person in violation of the Price Discrimination Act is an illegal contract and no action for enforcement shall be maintained in any court in this state.
History:
1953 Comp., § 49-11-9, enacted by Laws 1961, ch. 229, § 9.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-1 - False advertising unlawful.

False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful.
History:
1953 Comp., § 49-12-1, enacted by Laws 1965, ch. 79, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Advertising §§ 3, 7 et seq.
Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-2 - False advertising defined.

The term false advertising means advertising, including labeling, which is misleading in any material respect; and in determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.
History:
1953 Comp., § 49-12-2, enacted by Laws 1965, ch. 79, § 2; 1967, ch. 270, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and effect of laws or regulations requiring merchants to affix sale price to each item of consumer goods, 7 A.L.R.4th 792.
Actionable nature of advertising impugning quality or worth of merchandise or products, 42 A.L.R.4th 318.
What goods or property are "used," "secondhand," or the like, for purposes of state consumer laws prohibiting claims that such items are new, 59 A.L.R.4th 1192.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-3 - Notice of proposed action.

Before the attorney general commences an action pursuant to Section 4 [57-15-4 NMSA 1978] of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show either orally or in writing why such action should not be commenced. In such showing, said person may present, among other things, that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission or any official department, division, commission or agency of this state.
History:
1953 Comp., § 49-12-3, enacted by Laws 1965, ch. 79, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-4 - Civil penalty.

Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices made unlawful by this act [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978] shall be liable to a civil penalty of not more than five hundred dollars ($500) for each violation, which shall inure to this state and may be recovered in a civil action brought by the attorney general or, with his consent, the district attorney of the district where the act is committed. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission.
History:
1953 Comp., § 49-12-4, enacted by Laws 1965, ch. 79, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-5 - Injunctions to prevent violation.

A. The attorney general of the state of New Mexico or the district attorney of the district in which the violation occurs or a private citizen may bring an action in the name of the state against any person to restrain and prevent any violation of this act [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978]. Any proceeding initiated under this section by a private citizen shall be initiated on his behalf and all others similarly situated.
B. The court in exceptional cases brought by private citizens may award reasonable attorneys' fees to the prevailing party. Costs or attorneys' fees may be assessed against a defendant only if the court finds that he has willfully engaged in false advertising.
History:
1953 Comp., § 49-12-5, enacted by Laws 1965, ch. 79, § 5.
ANNOTATIONS
Cross references.
— For class action suits generally,
see
Rule 1-023 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Availability of permanent injunction under § 13(b) of Federal Trade Commission Act (15 USC § 53(b)), 70 A.L.R. Fed. 716.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-7 - Regulations.

The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of this act [57-15-2, 57-15-6 to 57-15-8 NMSA 1978].
History:
1953 Comp., § 49-12-5.2, enacted by Laws 1967, ch. 270, § 3.
ANNOTATIONS
Rules governing advertising and fees related to the sale of motor vehicles.
— Under rules promulgated by the office of the attorney general pursuant to this section, the advertised price of a new vehicle must be the full cash price for which the dealer will sell the vehicle. This provision permits a dealer to exclude four specific charges from the advertised price of a vehicle, including "dealer transfer service fees," subject to the specified disclosure requirements. A dealer is prohibited from using the term "documentary fee" for "charges other than those actually required by law for processing of documents." It does not include fees for document preparation, which may be assessed as a component of dealer transfer service fees. A dealer is precluded from negotiating the terms of a sale and then adding the cost of certain items to the contract, including "dealer preparation," without the buyer's knowledge and consent. The rules also prohibit a dealer from adding "any other charges, however denominated, that represent additional dealer profit," which plainly prohibits a dealer from including a profit component within any otherwise permissible fee the dealer charges, including the dealer transfer service fee, documentary fee, and dealer preparation fee.
Fees Covered by Office of Attorney General Rules Governing Advertising and Sale of Motor Vehicles
(5/31/19), Att'y Gen. Adv. Ltr. 2019-02.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-8 - Enforcement.

In order to promote the uniform administration of this act [57-15-2, 57-15-6 through 57-15-8 NMSA 1978] 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 this act.
History:
1953 Comp., § 49-12-5.3, enacted by Laws 1967, ch. 270, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-9 - Construction.

This act [57-15-1 through 57-15-5, 57-15-9, 57-15-10 NMSA 1978] neither enlarges nor diminishes the rights of parties in private litigation.
History:
1953 Comp., § 49-12-6, enacted by Laws 1965, ch. 79, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 15 - False Advertising › Section 57-15-10 - Exceptions.

Nothing in this article [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978] shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine or other form of printed advertising who broadcasts, publishes or prints such advertisement.
History:
1953 Comp., § 49-12-7, enacted by Laws 1965, ch. 79, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 16 - Motor Vehicle Dealers Franchising › Section 57-16-1 - Declaration of policy.

The distribution and sale of motor vehicles in this state vitally affects the general economy of the state and the public interest and welfare of its citizens. It is the policy of this state and the purpose of this act to exercise the state's police power to ensure a sound system of distributing and selling motor vehicles and regulating the manufacturers, distributors, representatives and dealers of those vehicles to provide for compliance with manufacturer's warranties, and to prevent frauds, unfair practices, discriminations, impositions and other abuses of our citizens.
History:
1953 Comp., § 64-37-1, enacted by Laws 1973, ch. 6, § 1.
ANNOTATIONS
Compiler's notes.
— The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
Law reviews.
— For comment, "State v. Galio: An Administrative Search?," see 9 N.M.L. Rev. 419 (1979).
Annual Survey of New Mexico Commercial Law, see 17 N.M.L. Rev. 219 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7A Am. Jur. 2d Automobiles and Highway Traffic §§ 394, 396.
Regulation or licensing of business of selling motor vehicles, 57 A.L.R.2d 1265, 7 A.L.R.3d 1173.
Validity and construction of statute regulating dealings between automobile manufacturers, distributors and dealers, 7 A.L.R.3d 1173, 82 A.L.R.4th 624, 51 A.L.R. Fed. 812.
Validity, construction, and application of state statutes regulating dealings between automobile manufacturers, dealers, and franchisees, 82 A.L.R.4th 624.