reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-5 - Examination and investigation; grounds for denial of license.

The municipal or county governing body may upon the filing of an application investigate the applicant and examine his affairs in relation to the proposed sale and may examine the inventory and records of the applicant. No license shall be issued if it is found that:
A. the applicant has held a sale subject to regulation under the Distress Sales Act at the location described in the application, within three years from the date of the application; or
B. the application states that the applicant or any of its principal officers or agents have been convicted of a violation of the Distress Sales Act or has had a license issued under this act revoked within five years of the filing of this application; or
C. the inventory submitted with the application includes goods, wares or merchandise purchased or held on consignment by the applicant or added to his stock in contemplation of such sale and for the purpose of selling the stock at the distress sale. Any unusual addition to the stock of goods, wares or merchandise which is made within ninety days prior to the filing of the application shall be prima facie evidence that the addition was made in contemplation of the sale and for the purpose of selling the goods at the sale; or
D. the applicant, in ticketing the goods, wares or merchandise for sale has misrepresented the original retail price or value thereof; or
E. the advertisement or advertising themes are false, fraudulent, deceptive or misleading in any respect; or
F. the sales methods to be used by the applicant in conducting the sale will work a fraud upon the purchasers; or
G. the information set forth in the application is insufficient; or
H. representations made in the application are false; or
I. the applicant has acquired bankrupt stock or other distress sale merchandise from another area within six months of the application.
History:
1953 Comp., § 49-14-5, enacted by Laws 1967, ch. 205, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-6 - Issuance of license; conditions.

If the application which has been submitted complies with the provisions of the Distress Sales Act and if the required license fee has been paid, the municipal or county governing body shall issue the applicant a license to advertise and conduct the sale described in the application subject to the following conditions:
A. the sale shall be held at the place named in the application;
B. the sale shall be held by the licensee for a period of not more than ninety days following the date set forth in the license;
C. only goods, wares and merchandise included in the inventory attached to the application shall be displayed on the premises and sold at the sale;
D. the license shall be prominently displayed at the location of the sale at all times;
E. the licensee shall keep suitable books at the sale location which shall be open for inspection by the municipal or county governing body during normal business hours.
History:
1953 Comp., § 49-14-6, enacted by Laws 1967, ch. 205, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-7 - License fee; renewal.

A. The fee for any license issued pursuant to the Distress Sales Act shall be fifty dollars ($50.00) or 1/4 of 1% of the inventory cost value of the goods, wares or merchandise to be sold at the sale, whichever is more. In no case, however, shall the license fee exceed two hundred dollars ($200).
B. If during the period that the license is in effect it appears to the municipal or county governing body that all of the goods in the original inventory have not been sold, the municipal or county governing body may upon application and for good cause shown extend the license for a period not to exceed thirty days.
History:
1953 Comp., § 49-14-7, enacted by Laws 1967, ch. 205, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-8 - Revocation of license.

The municipal or county governing body shall revoke any license issued pursuant to the Distress Sales Act if he finds that the license has:
A. violated any provision of the Distress Sales Act; or
B. violated any condition of the license; or
C. made any material misstatement in the application for the license; or
D. failed to include in the inventory required by the Distress Sales Act all the goods, wares or merchandise being offered for sale; or
E. offered or permitted to be offered at the sale any goods, wares or merchandise not included in the inventory attached to the application; or
F. failed to keep suitable records of the sale; or
G. made or permitted to be made any false or misleading statements or representations in advertising the sale or in displaying, ticketing or pricing goods, wares or merchandise offered for sale; or
H. been guilty of any fraudulent practice in the conduct of the sale authorized by the license.
History:
1953 Comp., § 49-14-8, enacted by Laws 1967, ch. 205, § 8.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-9 - Confidentiality requirements.

The filing of an application for a license, the contents of the application and the issuance of the license shall be confidential information and no disclosure thereof shall be made except that which is necessary in the administration of this act [57-10-1 to 57-10-12 NMSA 1978]. However, disclosure of the above-mentioned information may be made with the consent of the applicant. The filing of the application and the issuance of the license shall not be confidential after public notice of the proposed sale has been given by the applicant.
History:
1953 Comp., § 49-14-9, enacted by Laws 1967, ch. 205, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-10 - Applicability of Distress Sales Act.

A. The Distress Sales Act shall not apply to any sale conducted by a public officer as a part of his official duties, to any sale for which an accounting must be made to a court of law or to any sale conducted pursuant to an order of a court of law.
B. The Distress Sales Act does not apply to seasonal sales, clearance sales or similar special sales of nondistress merchandise.
History:
1953 Comp., § 49-14-10, enacted by Laws 1967, ch. 205, § 10.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-11 - Penalty.

Any person violating any provision of the Distress Sales Act shall upon conviction be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed ninety days or both.
History:
1953 Comp., § 49-14-11, enacted by Laws 1967, ch. 205, § 11.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 10 - Distress Sales › Section 57-10-12 - Distribution of fees.

The license fees collected under the Distress Sales Act, shall be deposited in the general fund of the county, city, town or village which has issued the license for the distress sale.
History:
1953 Comp., § 49-14-12, enacted by Laws 1967, ch. 205, § 14.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-1 - [Agreements restricting financing of sales to certain persons prohibited.]

It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that such person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or number thereof only to a designated person or class of persons, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles or to purchase such conditional sales contracts, chattel mortgages or leases, and any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state.
History:
Laws 1937, ch. 75, § 1; 1941 Comp., § 68-1601; 1953 Comp., § 64-31-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provision declaring it unlawful to require dealer to provide installment financing with specified financial institution,
see
57-16-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 781 et seq.
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.
58 C.J.S. Monopolies §§ 95, 97, 173.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-2 - [Threat of refusal to sell unless sales financed by certain persons; prima facie evidence of violation.]

Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that such person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to such person who is so engaged in the business of selling motor vehicles at retail, unless such person finances the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles or any one or number thereof only to a designated motor vehicles or any one or any number thereof [sic] only to such person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell the same on condition or with the agreement or understanding prohibited in Section 1 [57-11-1 NMSA 1978] of this act.
History:
Laws 1937, ch. 75, § 2; 1941 Comp., § 68-1602; 1953 Comp., § 64-31-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-3 - [Threat to terminate contract unless sales financed by certain persons; prima facie evidence of violation.]

Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that such person so engaged in the manufacture or distribution shall terminate his contract with or cease to sell motor vehicles to such person engaged in the sale of motor vehicles at retail in this state unless such person finances the purchase or sale of any one or number of motor vehicles only or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sale of [motor vehicles or any one or any number thereof only to such per]son so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of such person so engaged in such manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in Section 1 [57-11-1 NMSA 1978] of this act.
History:
Laws 1937, ch. 75, § 3; 1941 Comp., § 68-1603; 1953 Comp., § 64-31-3.
ANNOTATIONS
Bracketed material.
— The bracketed words near the middle of the section were inserted by the compiler, as they were missing from Laws 1937, ch. 75, § 3. They were not enacted by the legislature and are not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-4 - [Payments to eliminate competition or create monopoly in financing sales prohibited.]

It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give anything or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state if the effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value.
History:
Laws 1937, ch. 75, § 4; 1941 Comp., § 68-1604; 1953 Comp., § 64-31-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-5 - [Acceptance by persons engaged in financing sales of payments tending to eliminate competition prohibited.]

It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of any such payment, thing or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives such payment, thing or service of value, or contracts or agrees to accept or receive the same.
History:
Laws 1937, ch. 75, § 5; 1941 Comp., § 68-1605; 1953 Comp., § 64-31-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-6 - [Violators of 57-11-5 NMSA 1978 forbidden to carry on business.]

It shall be unlawful for any person who hereafter so accepts or receives, either directly or indirectly, any payment, thing or service of value, as set forth in Section 5 [57-11-5 NMSA 1978] of this act, or hereafter so contracts, either directly or indirectly, to receive any such payment or thing or service of value to thereafter finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state.
History:
Laws 1937, ch. 75, § 6; 1941 Comp., § 68-1606; 1953 Comp., § 64-31-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-7 - [Suits or proceedings against violators of act.]

For a violation of any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978] by any corporation or association mentioned herein, it shall be the duty of the attorney general or the district attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state.
History:
Laws 1937, ch. 75, § 7; 1941 Comp., § 68-1607; 1953 Comp., § 64-31-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For proceedings in quo warranto, generally,
see
44-3-1 to 44-3-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-8 - [Foreign corporations as violators of act; revocation of license to do business in state.]

Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978], is hereby denied the right [of] and prohibited from doing any business in this state, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of the state shall be authorized to revoke the license of any such corporation or association heretofore authorized by him to do business in this state.
History:
Laws 1937, ch. 75, § 8; 1941 Comp., § 68-1608; 1953 Comp., § 64-31-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-9 - [Penalties.]

Any person who violates any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978], any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this act, and any employee, agent or officer of any such person who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding or abetting in the performance of any such contract, condition, agreement or understanding and any person who pays or gives or contracts to pay or give anything or service of value prohibited by this act, and any person who receives or accepts or contracts to receive or accept anything or service of value prohibited by this act, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $50 [fifty dollars ($50.00)] nor more than $5,000 [five thousand dollars ($5,000)] or be imprisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense.
History:
Laws 1937, ch. 75, § 9; 1941 Comp., § 68-1609; 1953 Comp., § 64-31-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-10 - [Contract in violation of act void.]

Any contract or agreement in violation of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978] shall be absolutely void and shall not be enforceable either in law or equity.
History:
Laws 1937, ch. 75, § 10; 1941 Comp., § 68-1610; 1953 Comp., § 64-31-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-11 - [Provisions of act cumulative.]

The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
History:
Laws 1937, ch. 75, § 11; 1941 Comp., § 68-1611; 1953 Comp., § 64-31-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-12 - [Action for damages by violation of act.]

In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this act [57-11-1 to 57-11-13 NMSA 1978], may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages by him sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act is [are] pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not.
History:
Laws 1937, ch. 75, § 12; 1941 Comp., § 68-1612; 1953 Comp., § 64-31-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 11 - Financing of Automobile Sales › Section 57-11-13 - [Definitions.]

A. The term "person," as used in this act [57-11-1 to 57-11-13 NMSA 1978], means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
B. The terms "sell," "sold," "buy" and "purchase," as used in this act, include exchange, barter, gift and offer or contract to sell or buy.
History:
Laws 1937, ch. 75, § 13; 1941 Comp., § 68-1613; 1953 Comp., § 64-31-13.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-3.1 - Unauthorized use of delivery container prohibited.

A. It shall be an unlawful practice within the meaning of the Unfair Practices Act for any person to:
(1) remove the owner's container from the owner's or a recipient's premises or parking area without the permission of the owner or recipient;
(2) possess or use the owner's container if it has been removed from the owner's or recipient's premises or parking area without the permission of the owner or recipient;
(3) alter, convert, destroy or tamper with the owner's container without permission of the owner or recipient; or
(4) sell the owner's container to or purchase the owner's container from someone other than the owner without the permission of the owner.
B. As used in this section:
(1) "bakery rack" means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products;
(2) "bakery tray" means a wire or plastic receptacle that holds bread, buns or other baked goods and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products;
(3) "container" means a bakery rack, bakery tray, dairy case, egg basket, poultry box, shopping cart or pallet;
(4) "dairy case" means a plastic receptacle that holds sixteen quarts or more of beverage and that is used by a dairy, distributor or retailer or its agent as a means to transport, store or carry dairy products;
(5) "pallet" means a wooden or plastic base that allows stacks of merchandise to be placed upon it and that provides a space and support beneath the stack for forklift handling;
(6) "parking area" means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment;
(7) "poultry box" means a permanent type of container that is used by a processor, distributor, retailer or food service establishment or an agent of one of those persons to transport, store or carry poultry;
(8) "recipient" means a person, firm, corporation or association that is authorized by the owner to use an owner's container; and
(9) "shopping cart" means a basket that is mounted on wheels, or a similar device, that is generally used in a retail establishment by a customer to transport goods of any kind.
C. No civil action shall be maintained pursuant to this section against any person who returns to its owner within sixty days after the effective date of this section a container that was unlawfully obtained.
History:
Laws 1991, ch. 28, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-4 - Interpretation.

It is the intent of the legislature that in construing Section 3 [57-12-3 NMSA 1978] of the Unfair Practices Act the courts to the extent possible will be guided by the interpretations given by the federal trade commission and the federal courts.
History:
1953 Comp., § 49-15-4, enacted by Laws 1967, ch. 268, § 4.
ANNOTATIONS
Federal court definitions inapplicable to terms defined in Section 57-12-2 NMSA 1978.
— Since 57-12-2 NMSA 1978 defines both "unfair or deceptive" and "unconscionable" trade practices, relying on this section to apply federal court definitions of those terms would not be giving effect to the statute.
Richardson Ford Sales, Inc. v. Johnson
, 1984-NMCA-007, 100 N.M. 779, 676 P.2d 1344.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-5 - Chain referral sales technique; prohibited.

The use or employment of any chain referral sales technique, plan, arrangement or agreement whereby the buyer is induced to purchase merchandise or services upon the seller's representation or promise that if the buyer will furnish the seller names of other prospective buyers of like or identical merchandise that the seller will contact the named prospective buyers and the buyer will receive a reduction in the purchase price by means of a cash rebate, commission, credit toward balance due or any other consideration, is declared to be an unlawful practice within the meaning of the Unfair Practices Act.
History:
1953 Comp., § 49-15-5, enacted by Laws 1967, ch. 268, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-8 - Restraint of prohibited acts; remedies for violations.

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 Unfair Practices Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the state alleging violations of the Unfair Practices Act. 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 any 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 Unfair Practices Act. The attorney general acting on behalf of the state of New Mexico shall not be required to post bond when seeking a temporary or permanent injunction in such action.
B. In any action filed pursuant to the Unfair Practices Act, including an action with respect to unimproved real property, the attorney general may petition the district court for temporary or permanent injunctive relief and restitution.
History:
1953 Comp., § 49-15-7, enacted by Laws 1967, ch. 268, § 7; 1970, ch. 38, § 1; 1977, ch. 181, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-9 - Settlements.

A. In lieu of beginning or continuing an action pursuant to the Unfair Practices Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of the Unfair Practices 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 but are not admissible against any defendant in any action brought by any other person or public body against such defendant under the Unfair Practices Act and do not constitute a basis for the introduction of the assurance of discontinuance as prima facie evidence against such defendant in any action or proceeding.
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 Unfair Practices Act.
History:
1953 Comp., § 49-15-7.1, enacted by Laws 1971, ch. 240, § 3; 1977, ch. 181, § 2.
ANNOTATIONS
Right to indemnification.
— Although it was unclear whether the terms of a settlement between the state and a homebuilder included assessment of a civil penalty or whether the builder agreed to repair the homes in exchange for the attorney general dropping the charges, to the extent the settlement did not include civil penalties, the builder could seek indemnification against the supplier of inadequate building materials.
Amrep S.W., Inc. v. Shollenbarger Wood Treating, Inc.
, 1995-NMSC-020, 119 N.M. 542, 893 P.2d 438.
Law reviews.
— For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-11 - Civil penalty.

In any action brought under Section 57-12-8 NMSA 1978, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Unfair Practices Act, the attorney general, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty of not exceeding five thousand dollars ($5,000) per violation.
History:
1953 Comp., § 49-15-9, enacted by Laws 1970, ch. 38, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1970, ch. 38, § 2, repeals 49-15-9, 1953 Comp., relating to the civil penalty for violation of Sections 3 and 5 of the act, and enacts the above section.
Willfully defined.
— The legislature contemplated proof of some culpable mental state to demonstrate "willfully", as set forth in 57-12-11 NMSA 1978; willful conduct is the intentional doing of an act with knowledge that harm may result.
Atherton v. Gopin
, 2015-NMCA-003, cert. granted, 2014-NMCERT-012.
Law reviews.
— For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973).
For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-13 - 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 Unfair Practices Act.
History:
1953 Comp., § 49-15-11, enacted by Laws 1967, ch. 268, § 10 [10A].
ANNOTATIONS
Compiler's notes.
—
See
compiler's note to 57-12-12 NMSA 1978.
Violation of regulations.
— An automobile dealer violated the act when it failed to provide a customer with a written statement explaining the dealer's warranty policy as required by the attorney general's regulations.
Salazar v. DWBH, Inc.
, 2008-NMSC-054, 144 N.M. 828, 192 P.3d 1205.
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 12 - Unfair Trade Practices › Section 57-12-14 - Construction.

The Unfair Practices Act neither enlarges nor diminishes the rights of parties in private litigation.
History:
1953 Comp., § 49-15-12, enacted by Laws 1967, ch. 268, § 11.
ANNOTATIONS
Law reviews.
— For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973).
For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-15 - Enforcement.

In order to promote the uniform administration of the Unfair Practices Act in New Mexico, the attorney general is to be responsible for its enforcement, but he may in appropriate cases delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power conferred upon the attorney general by the Unfair Practices Act.
History:
1953 Comp., § 49-15-13, enacted by Laws 1967, ch. 268, § 12.
ANNOTATIONS
An arbitration agreement contrary to public policy under the UPA will not be enforced.
— Where the state of New Mexico filed suit against ITT Technical Institute (ITT) claiming violations of the New Mexico Unfair Practices Act (UPA) arising out of alleged misrepresentations to students about ITT's nursing program and its financial process, and where ITT filed a motion to compel arbitration in accordance with the arbitration provision, and accompanying confidentiality clause, in the students' enrollment agreements with ITT, which provided that any dispute be resolved by binding arbitration, the district court properly declined to enforce the confidentiality clause and properly denied ITT's motion to compel arbitration, because the state, under the UPA, has been given broad statutory authority to investigate violations and enforce the provisions of the UPA demonstrating New Mexico's fundamental public policy in favor of preventing consumer harm and resolving consumer claims, and it would be contrary to public policy to allow ITT to use the confidentiality clause with its students to shield itself from the state's investigation and litigation authorized under the UPA.
State ex rel. Balderas v. ITT Educ. Servs., Inc.
, 2018-NMCA-044.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-16 - Advertising media excluded.

The Unfair Practices Act does not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast or reproduce material without knowledge of its deceptive or unconscionable character.
History:
1953 Comp., § 49-15-14, enacted by Laws 1967, ch. 268, § 13; 1971, ch. 240, § 5.
ANNOTATIONS
Compiler's notes.
— This section is similar to § 4 of the Uniform Deceptive Trade Practices Act.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-18 - Posting of bond.

The court may require any such person to post a ne exeat bond conditioned on such persons [person's] appearance at all hearings on the matter at issue.
History:
1953 Comp., § 49-15-16, enacted by Laws 1971, ch. 164, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The writ of ne exeat may detain property as well as the person.
— At common law, a bond is an inherent part of a writ of ne exeat. Historically, where the removal of property would defeat the purpose of a ne exeat writ, the order in the writ may detain property as well as the person. At common law, a ne exeat writ, including a bond, may be conditioned on preservation of assets. This section does not prohibit bonds related to assets or property. Therefore, since the statute is silent as to these bonds, the statute does not abrogate the common law.
Atherton v. Gopin
, 2015-NMCA-087.
Following entry of summary judgment for over $2,500,000 against defendant for violations of the New Mexico Unfair Practices Act (UPA), 57-12-1 NMSA 1978 et seq., the district court issued a writ of ne exeat and ordered defendant to post a ne exeat bond in the amount of $100,000 based on evidence that defendant was about to remove assets from the jurisdiction of the district court, and following a hearing where the district court found that there was evidence that defendant had engaged in complex financial transactions for the purpose of preventing collection of the judgment, that defendant had dissipated assets during the pendency of the case, including the sale of property, and that defendant, who failed to appear at the hearing, had previously testified under oath that he would attend all future hearings in the case and would not flee the jurisdiction, the district court increased the ne exeat bond to $500,000 to prevent further dissipation of assets within the jurisdiction of the court and to secure defendant's appearance at future proceedings. Issuance of the bond order conditioned on preservation of assets was not contrary to the UPA, because the UPA does not abrogate the common law, which permitted a ne exeat bond to be conditioned on preservation of assets.
Atherton v. Gopin
, 2015-NMCA-087.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-19 - [Hearing after incarceration.]

No such person shall be incarcerated for failure to post said ne exeat bond for longer than 72 hours, Sundays excepted, without the benefit of a hearing before the court setting said bond. Such hearing shall be held as soon as possible after incarceration.
History:
1953 Comp., § 49-15-17, enacted by Laws 1971, ch. 164, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-20 - Sureties on bond.

The sureties upon any bond, shall in all cases justify as to their sufficiency; and the clerk of the district court taking such bond shall certify his approval of the same, as to form and the manner of its execution and to the sufficiency of the sureties thereon.
History:
1953 Comp., § 49-15-18, enacted by Laws 1971, ch. 164, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12 - Unfair Trade Practices › Section 57-12-24 - Unsolicited facsimiles or email; private remedy.

A. Any person who receives an unsolicited advertisement by facsimile or email may bring an action against the sender of the unsolicited advertisement to recover actual damages, including loss of profits, or statutory damages equal to the greater of twenty-five dollars ($25.00) for each email or facsimile received or five thousand dollars ($5,000) for each day of violation, plus reasonable attorney fees and costs if, prior to receiving the unsolicited advertisement:
(1) the person who received the unsolicited advertisement has notified the sender, pursuant to the provisions of Section 57-12-23 NMSA 1978, of the person's request not to receive unsolicited advertisements; or
(2) the sender of the unsolicited advertisement has entered into a written assurance of discontinuance pursuant to Section 57-12-9 NMSA 1978.
B. A telecommunications utility or internet service provider, injured by a violation of a provision of Section 57-12-23 NMSA 1978 or this section, may recover actual damages, including loss of profits, or statutory damages equal to the greater of ten dollars ($10.00) for each facsimile or email transmitted or five thousand dollars ($5,000) for each day of violation plus reasonable attorney fees and costs.
C. The remedies provided in this section are in addition to any available remedies otherwise provided by law.
History:
Laws 2003, ch. 168, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 168 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-1 - Repealed.

History:
Laws 2003, ch. 167, § 1; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-1 NMSA 1978, as enacted by Laws 2003, ch. 167, § 1, the short title of the Consumer No-Call Act, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-2 - Repealed.

History:
Laws 2003, ch. 167, § 2; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-2 NMSA 1978, as enacted by Laws 2003, ch. 167, § 2, relating to definitions, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-3 - Repealed.

History:
Laws 2003, ch. 167, § 3; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-3 NMSA 1978, as enacted by Laws 2003, ch. 167, § 3, relating to the national "do-not-call" registry, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-4 - Repealed.

History:
Laws 2003, ch. 167, § 4; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-4 NMSA 1978, as enacted by Laws 2003, ch. 167, § 4, relating to civil actions and criminal penalties, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-5 - Repealed.

History:
Laws 2003, ch. 167, § 5; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-5 NMSA 1978, as enacted by Laws 2003, ch. 167, § 5, relating to rules to implement telephone solicitation restrictions, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-6 - Repealed.

History:
Laws 2003, ch. 167, § 6; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-6 NMSA 1978, as enacted by Laws 2003, ch. 167, § 6, relating to restrictions on use of registry, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12A - Consumer No-Call (Repealed.) › Section 57-12A-7 - Repealed.

History:
Laws 2003, ch. 167, § 7; repealed by Laws 2003, ch. 167, § 11.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 167, § 11 repealed 57-12A-7 NMSA 1978, as enacted by Laws 2003, ch. 167, § 7, relating to blocking of caller identification service, on July 25, 2003, the date the federal communications commission adopted the delivery restrictions rules, 47 C.F.R. § 64.1200 (2004). For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12B - Privacy Protection › Section 57-12B-1 - Short title.

Chapter 57, Article 12B NMSA 1978 may be cited as the "Privacy Protection Act".
History:
Laws 2003, ch. 169, § 1; 2005, ch. 127, § 1.
ANNOTATIONS
The 2005 amendment,
effective January 1, 2006, changed the reference to the Privacy Protection Act to the NMSA 1978 designation.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 12B - Privacy Protection › Section 57-12B-2 - Definitions.

As used in the Privacy Protection Act:
A. "business" means a commercial enterprise that:
(1) sells or leases or intends to sell or lease products, goods or services to consumers;
(2) is an agent of a business described in Paragraph (1) of this subsection; or
(3) is an agent of a nonprofit organization selling marketing services to that organization; and
B. "consumer" means a natural person, who is a resident of New Mexico, and who purchases, leases or otherwise contracts for products, goods or services within New Mexico that are primarily used for personal, family or household purposes.
History:
Laws 2003, ch. 169, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 2 effective January 1, 2004.