reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.16 - REBATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice for a dealer to advertise rebates if the dealer
				raises the price of the vehicle prior to a sale in order to compensate for the
				allowance of the rebate.
B. It is
				an unfair or deceptive trade practice for a dealer to advertise the existence
				of a rebate or a price that takes into account a rebate unless the
				advertisement discloses the existence, amount and source of the
				rebate.
C. It is an unfair or
				deceptive trade practice for a dealer to advertise any rebate unless the dealer
				maintains sufficient documentation to demonstrate that the sale prices of
				vehicles sold in connection with such promotions have not been increased to
				compensate for the rebate and the dealer makes such documentation available for
				inspection and copying by the attorney general's office upon written request
				during normal business hours.
D. It
				is an unfair or deceptive trade practice for a dealer to advertise as a rebate
				any price reduction which is not a rebate.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.17 - ON APPROVED CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer to
				  advertise a specified finance rate and then have a customer sign a contract
				  with a higher finance rate, unless the advertisement discloses the information
				  specified in Section 18 [now
				  12.2.4.18
				  NMAC] for the loan program under which the low rate is offered and:
A. the customer declines to participate in
				the program advertised; or
B. the
				customer is not financially eligible for that loan program; or
C. the transaction is not eligible for the
				loan program.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.18 - CREDIT ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Truth in Lending Act and accompanying regulations govern credit advertising.
				The following are triggering terms that require certain disclosures to be made
				in the advertisement:
(1) the amount or
				percentage of any down payment (expressed as either a percentage or dollar
				amount);
(2) the number of
				payments;
(3) the amount of any
				payment (expressed either as a percentage or dollar amount);
(4) the amount of any finance charge;
				and
(5) the period of repayment
				(the total time required to repay).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.19 - LEASE ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Truth in Lending Act and accompanying regulations regulate consumer leases
				because they represent an alternative to buying on credit. Also, unless certain
				information is provided, a consumer might easily confuse leasing with
				purchasing on credit.
B. If an
				advertisement promoting a "consumer lease" contains any of the following
				triggering terms, then five specific disclosures must also be included in the
				advertisement and it is an unfair or deceptive trade practice to fail to make
				all five disclosures. The triggering terms are:
(1) the amount of any payment;
(2) the number of required payments;
				and
(3) a statement that any or no
				down payment or other payment, is required at the beginning of the
				lease.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.20 - ADVERTISED PRICES AVAILABLE TO ALL

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair or deceptive trade
				practice for a dealer to sell a vehicle to a customer for more than the
				advertised price of the vehicle.
B.
				It is an unfair or deceptive trade practice for a dealer to sell a vehicle at a
				price above the advertised price of the vehicle regardless of whether the
				advertised price has been actually communicated to the purchaser prior to the
				sale; provided that this provision does not prevent dealers from requiring
				customers to present a coupon or copy of the advertisement to obtain the
				advertised price if the advertisement clearly and conspicuously discloses that
				a coupon or copy of the advertisement must be presented.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.21 - DEALER PRICE ADVERTISING

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				an unfair or deceptive trade practice for a dealer to advertise the price of a
				new motor vehicle unless the advertised price is the full cash price for which
				the dealer will sell the vehicle. The only charges that may be excluded from
				the advertised price are:
(1) federal and
				state taxes;
(2) license
				fees;
(3) vehicle registration;
				and
(4) dealer transfer service
				fees, if the advertisement clearly and conspicuously discloses, in close
				proximity to the advertised price, the amount of any such fee and that the fee
				is a dealer imposed fee; provided, however, that it is an unfair or deceptive
				trade practice for a dealer to fail to disclose in writing to a buyer
				purchasing a vehicle on which no security interest is retained that the buyer
				may register the vehicle on his own without paying a dealer transfer service
				fee.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.22 - ADVERTISED VEHICLE AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When a dealer advertises a specific type of vehicle for sale that is not
				readily available, it is an unfair or deceptive trade practice to fail to
				disclose the vehicle's lack of availability.
B. It is an unfair or deceptive trade
				practice for a dealer to advise prospective customers that an advertised
				vehicle is available when the vehicle is not available for sale, or that an
				advertised vehicle is not available for sale when the vehicle is available for
				sale.
C. It is an unfair or
				deceptive trade practice for a dealer to advertise a particular vehicle or type
				of vehicle for sale at a special price, unless the advertisement discloses the
				number or stock numbers of the vehicles in stock for sale at that
				price.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.23 - NO DOWN PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer to
				  advertise that no down payment is required in connection with the purchase of a
				  vehicle when a down payment or trade-in is in fact required. If only a trade-in
				  is required a dealer may advertise that fact.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.24 - CONTRACT ADDITIONS WITHOUT CUSTOMER'S KNOWLEDGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair or deceptive trade
				practice for a dealer to negotiate the terms of a sale and then add the cost of
				such items as extended warranty, credit life, dealer preparation, undercoating,
				etc., to the contract without the customer's knowledge and consent.
B. It is an unfair or deceptive trade
				practice for a dealer to use "documentary fee" or other similar term for any
				charges other than those actually required by law for processing of
				documents.
C. It is an unfair or
				deceptive trade practice for a dealer to negotiate the terms of a sale and then
				add the cost of "comptroller inventory adjustment", "floor plan, handling,
				overhead and advertising", or any other charges, however denominated, that
				represent additional dealer profit, are part of the overhead expenses of
				running a dealership, are necessary incidents of the sale of a vehicle, do not
				represent payment for a bona fide product or service or are
				fictitious.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.25 - EXTENDED WARRANTIES

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer to
				  misrepresent or fail to accurately disclose the terms or conditions of an
				  extended service contract.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.26 - USE OF INITIALS OR ABBREVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer to
				  use initials or abbreviations in an advertisement of a motor vehicle, including
				  the window sticker and supplementary sticker, unless all such initials or
				  abbreviations are clearly defined in the advertisement or window sticker;
				  provided, however, that abbreviations may be used for such options and features
				  as air conditioning, power steering and power brakes in classified and similar
				  advertisements if such abbreviations are commonly understood by
				  consumers.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.27 - SUPPLEMENTAL STICKER PRICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When a dealer is selling a vehicle for which a federal Monroney window sticker
				is required pursuant to
				15 USC
				1232, it is an unfair or deceptive trade
				practice to charge or attempt to charge a customer more than the manufacturer's
				suggested retail price unless the dealer's asking price or supplemental price
				is clearly and conspicuously disclosed on a supplemental sticker adjacent to
				the Monroney sticker.
B It is an
				unfair or deceptive trade practice for a dealer to misrepresent the reasons for
				additional charges listed on a supplemental sticker.
C. It is an unfair or deceptive trade
				practice for a dealer to list on a supplemental sticker a charge which:
(1) the dealer did not incur;
(2) is otherwise accounted for on the
				Monroney sticker; or
(3) is
				otherwise reimbursed.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.28 - LEMON VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for a dealer or
				  manufacturer to sell a vehicle knowing that it has been returned to a dealer or
				  manufacturer under the terms of the Motor Vehicle Quality Assurance Act,
				  Section
				  57-16A-1
				  NMSA 1978 et seq., or any similar law of any other state unless prior to sale
				  the dealer clearly and conspicuously discloses in writing to any prospective
				  purchaser that the vehicle was returned to the manufacturer due to one or more
				  defects under the New Mexico Lemon Law or the Lemon Law of another state and
				  the nature of the defects if known.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.29 - SELF-REGULATION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				attorney general may refer any complaint alleging a violation of these
				regulations by a dealer participating in an approved self-regulation program to
				the program. Not more than forty-five (45) days of receiving a complaint by
				referral from the attorney general, the program shall provide the attorney
				general with a written report describing the substance of the complaint and the
				program's disposition of the complaint.
B. At a minimum, an approved self-regulation
				program shall include:
(1) substantive
				standards determined by the attorney general to be identical to or more
				stringent than the standards set forth in these regulations; and
(2) an enforcement procedure that the
				attorney general determines to be fair and impartial, responsive to complaints
				and likely to enforce compliance with the program's substantive
				standards.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.30 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of these regulations is held invalid, the
				  remainder and the application thereof shall not be affected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 4 - REQUIREMENTS FOR THE ADVERTISING AND SALE OF MOTOR VEHICLES › Section 12.2.4.31 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
Original Adoption and Promulgation
Tom Udall
Attorney General
Date: 5/12/93
Readoption and Repromulgation
Tom Udall
Attorney General
Date: 4/9/98
Tom Udall
Attorney General
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Unfair Practices Act, Section
				  57-12-1
				  NMSA 1978 et seq. and New Mexico False Advertising Act, Section
				  57-15-1
				  NMSA 1978 et seq.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Re-promulgated and reformatted in NMAC format effective as of
				  May 1, 1998 unless a later date is cited at the end of a section or
				  paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As used in these
				regulations, the term "environmental marketing claim" means any representation
				about the environmental attributes of a product or a package made in connection
				with the advertising, marketing, offer for sale or sale of such product or
				package.
B. As used in these
				regulations, the term "prior reasonable basis" means such competent and
				reliable evidence as would satisfy a reasonable and prudent businessperson,
				acting in good faith, that the environmental marketing claim is true. In
				general, environmental marketing claims must be supported by competent and
				reliable scientific evidence, and the prior reasonable basis for an
				environmental marketing claim must be based on such evidence. For any test,
				analysis, research, study or other evidence to be "competent and reliable" for
				the purposes of these regulations, it must be conducted and evaluated in an
				objective manner by persons qualified to do so, using procedures generally
				accepted in the profession to yield accurate and reliable results.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.8 - FALSE AND MISLEADING CLAIMS PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for any person to
				  make an environmental marketing claim that is false or
				  misleading.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.9 - PRIOR REASONABLE BASIS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for any person to
				  make an environmental marketing claim unless prior to making the claim:
A. the person has and relies upon a prior
				reasonable basis from which to conclude that the claim is true; and
B. the person possesses documents that
				evidence the prior reasonable basis for the claim.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.10 - RECORD-KEEPING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who makes an environmental marketing claim must retain any and all
				documents evidencing the prior reasonable basis for the claim for a period of
				at least two years after the last date on which the claim is made. It is an
				unfair or deceptive trade practice for any person who makes an environmental
				marketing claim to fail to retain any and all documents evidencing the prior
				reasonable basis for the claim for a period of not less than two years after
				the last date on which the claim is made.
B. Any person who makes an environmental
				marketing claim must provide the attorney general with any and all documents
				evidencing the prior reasonable basis for such claim upon ten days written
				notice. It is an unfair or deceptive trade practice to fail to provide the
				attorney general with any and all documents evidencing the prior reasonable
				basis for an environmental marketing claim upon ten days written
				notice.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.11 - QUALIFICATIONS AND DISCLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It
				is an unfair or deceptive trade practice for any person to obscure or make
				misleading any material fact in any environmental marketing claim by the use of
				layout, headlines, illustrations, footnotes, style, sound, length of time,
				lighting, color or type size.
B. It
				is an unfair or deceptive trade practice for any person to use any disclosure
				or disclaimer in an environmental marketing claim unless the disclosure or
				disclaimer is clear and conspicuous and in close proximity to the terms it
				modifies.
C. It is an unfair or
				deceptive trade practice for any person to make a televised environmental
				marketing claim with disclosures that are in such fine print or appear on the
				screen so briefly that they cannot be easily read.
D. Comment: To be effective, any
				qualifications and disclosures must be sufficiently clear and prominent to
				prevent deception. Clarity of language, relative type size and proximity to the
				claim being qualified and an absence of contrary claims that could undercut
				effectiveness will maximize the likelihood that the qualifications and
				disclosures are appropriately clear and prominent.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.12 - DISTINCTION BETWEEN BENEFITS OF PRODUCT AND PACKAGE

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice to make an
				  environmental marketing claim in a way that fails to make clear whether the
				  environmental attribute or benefit being asserted refers to the product, the
				  product's packaging or to a portion or component of the product or
				  packaging.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.13 - OVERSTATEMENT OF ENVIRONMENTAL BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice to make an
				  environmental marketing claims in a manner that overstates the environmental
				  attribute or benefit, expressly or by implication. Marketers must avoid
				  implications of significant environmental benefits if the benefits are in fact
				  negligible.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.14 - COMPARATIVE CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice to make an
				  environmental marketing claim that includes a comparative statement
				  unless:
A. the claim is presented in a
				manner that makes the basis for the comparison sufficiently clear to avoid
				consumer deception; and
B. the
				marketer is able to substantiate the comparison.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.15 - GENERAL ENVIRONMENTAL BENEFIT CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair or deceptive trade
				practice to misrepresent directly or by implication that a product or package
				offers a general environmental benefit.
B. Comment: Unqualified general claims of
				environmental benefit are difficult to interpret and, depending on their
				context, may have a wide range of meanings to consumers. Such claims may convey
				that a product or package has specific and far-reaching environmental benefits
				when it does not. Every express and material implied claim that a general
				assertion conveys to reasonable consumers about an objective quality must be
				substantiated. Unless this substantiation duty can be met, broad environmental
				claims must either be avoided or qualified, as necessary, to prevent deception
				about the specific nature of the environmental benefit being
				asserted.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.16 - DEGRADABLE, BIODEGRADABLE AND PHOTODEGRADABLE

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive act or practice to misrepresent,
				  directly or by implication, that a product or package is degradable,
				  biodegradable or photodegradable. An unqualified claim that a product or
				  package is degradable, biodegradable or photodegradable must be substantiated
				  by competent and reliable scientific evidence that the entire product or
				  package will completely break down and return to nature, i.e., decompose into
				  elements found in nature, within a reasonably short period of time after
				  customary disposal. Claims of degradability, biodegradability or
				  photodegradability must be qualified to the extent necessary to avoid consumer
				  deception about:
A. the product's or
				package's ability to degrade in the environment where it is customarily
				disposed; and
B. the rate and
				extent of degradation.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.17 - COMPOSTABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice to misrepresent, directly or by implication, that a
				product or package is compostable.
B. It is an unfair or deceptive trade
				practice to make an unqualified claim that a product or package is compostable
				unless the claim is substantiated by competent and reliable scientific evidence
				that all the materials in the product or package will break down into, or
				otherwise become part of, usable compost (e.g., soil-conditioning material,
				mulch) in a safe and timely manner in an appropriate composting program or
				facility, or in a home compost pile or device.
C. Claims of compostability must be qualified
				to the extent necessary to avoid consumer deception. An unqualified claim may
				be deceptive if:
(1) municipal composting
				facilities are not available to a substantial majority of consumers or
				communities where the product is sold;
(2) the claim misleads consumers about the
				environmental benefit provided when the product or package is disposed of in a
				landfill; or
(3) consumers
				misunderstand the claim to mean that the product or package can be safely
				composted in their home compost pile or device, when in fact it
				cannot.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.18 - RECYCLABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice to misrepresent, directly or by implication, that a
				product or package is recyclable. A product or package should not be marketed
				as recyclable unless it can be collected, separated or otherwise recovered from
				the solid waste stream for use in the form of raw materials in the manufacture
				or assembly of a new product or package.
B. Unqualified claims of recyclability may be
				made only if the entire product or package, excluding minor incidental
				components, is recyclable. For products or packages that are made of both
				recyclable and non-recyclable components, the recyclable claim must be
				adequately qualified to avoid consumer deception about which portions or
				components of the product or package are recyclable. Claims of recyclability
				must be qualified to the extent necessary to avoid consumer deception about any
				limited availability of recycling programs or collection sites. If an
				incidental component significantly limits the ability to recycle the product or
				package, the claim would be deceptive. A product or package that is made of
				recyclable material, but because of its shape, size or some other attribute, is
				not accepted in recycling programs should not be marketed as recyclable.
				Qualification may be necessary to avoid consumer deception about the limited
				availability of recycling programs and collection sites if recycling collection
				sites are not available to a substantial majority of consumers or
				communities.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.19 - RECYCLED CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an
				unfair or deceptive trade practice to make a recycled content claim unless the
				materials for which the claim is made have been recovered or otherwise diverted
				from the solid waste stream, either during the manufacturing process
				(pre-consumer) or after consumer use (post-consumer). To the extent that the
				source of recycled content includes pre-consumer material, the manufacturer or
				advertiser must have substantiation for concluding that the pre-consumer
				material would otherwise have entered the solid waste stream. In asserting a
				recycled content claim, distinctions may be made between pre-consumer and
				post-consumer materials. Where such distinctions are asserted, any express or
				implied claim about the specific pre-consumer or post-consumer content of a
				product or package must be substantiated.
B. It is an unfair or deceptive trade
				practice to misrepresent, directly or by implication, that a product or package
				is made of recycled material. Unqualified claims of recycled content may be
				made only if the entire product or package, excluding minor incidental
				components, is made from recycled material. For products or packages that are
				only partially made of recycled material, a recycled claim must be adequately
				qualified to avoid consumer deception about amount, by weight, of recycled
				content in the finished product or package.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.20 - SOURCE REDUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice to misrepresent,
				  directly or by implication, that a product or package has been reduced or is
				  lower in weight, volume or toxicity. Source reduction claims must be qualified
				  to the extent necessary to avoid consumer deception about the amount of the
				  source reduction and the basis for any comparison asserted.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.21 - REFILLABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice to misrepresent, directly or by implication, that a
				package is refillable. An unqualified refillable claim should not be asserted
				unless a system is provided for:
(1) the
				collection and return of the package for refill; or
(2) the later refill of the package by
				consumers with product subsequently sold in another package.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.22 - OZONE SAFE AND OZONE FRIENDLY

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice to misrepresent,
				  directly or by implication, that a product is safe for or "friendly" to the
				  ozone layer. A direct or implicit claim that a product does not harm the ozone
				  layer is deceptive if the product contains an ozone-depleting
				  substance.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.23 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of these regulations is held invalid, the
				  remainder and the application thereof shall not be affected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.24 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
Original Adoption and Promulgation
Tom Udall
Attorney General
Date: 11/1/94
Readoption and Repromulgation
Tom Udall
Attorney General
Date: 4/9/98
Tom Udall
Attorney General
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Unfair Practices Act, Section
				  57-12-1
				  NMSA 1978 et seq.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1998, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose is to accomplish three principal
				  objectives:
A. to deter unfair
				business practices within the automotive industry;
B. to provide clear legal standards for the
				automotive repair industry in order to facilitate industry compliance, clearly
				establish a set of rights and responsibilities for both consumers and
				automotive repair facilities and make evaluation of existing practices easier;
				and
C. to make sure the genuine
				public interest is served in the encouragement of industry self-regulation when
				available government resources are too few to permit substantial government
				oversight of the industry.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As used in these
				regulations, the terms "automotive repair shop" and "repair facility" are
				interchangeable and mean any business or operation engaged in automotive repair
				or automotive service (including, but not limited to, tune-up, oil change,
				window tinting, collision repair or refinishing and installation of new or used
				automotive parts and/or accessories).
B. As used in these regulations, "automobile"
				shall mean every vehicle which is self-propelled and subject to registration
				under the Motor Vehicle Code.
C. As
				used in these regulations, "diagnostic" or "trouble shooting fee" shall mean a
				fee charged for the purpose of determining the nature, extent and source of the
				need for repair.
D. As used in
				these regulations, "sublet" shall mean work performed by a business or person
				other than the automotive repair shop charging the customer for the work unless
				the other business is owned by or in common ownership with the shop.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.8 - STATEMENT OF BASIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The attorney
				general has long been concerned about unfair and deceptive practices in the
				automotive repair industry. The attorney general's consumer protection division
				has received numerous complaints and telephone calls alleging unfair and
				deceptive trade practices in the automotive repair industry.
B. The complaints include, but are not
				limited to, the absence of a warranty on completed repairs, price gouging,
				automotive part misrepresentation, failure to give written estimates, failure
				to adhere to estimates, failure to disclose labor rates, unauthorized repairs
				and the imposition of liens for unauthorized repairs. The consumer protection
				division has also received requests and complaints from industry members
				regarding the necessity of a statement clearly defining their rights and
				responsibilities.
C. These
				regulations provide some basic rules in a complicated industry. They are not
				exhaustive and do not cover every practice and procedure involved in automotive
				repair. Therefore, it is not intended that literal compliance with these
				regulations be an absolute protection against liability for practices and
				procedures surrounding automotive repair.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.9 - WARRANTIES, RATES AND RETURNS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				It is an unfair or deceptive trade practice for an automotive repair shop to
				fail to post the major provisions of its warranty policy in a prominent and
				conspicuous location within the repair facility and to fail to provide any
				person who has purchased automotive repair services with a written warranty or
				statement that there is no warranty, if such is the case.
B. It is an unfair or deceptive trade
				practice for an automotive repair facility to fail to make available to all
				customers upon request the details of its warranty and return
				policies.
C. It is an unfair or
				deceptive practice for an automotive repair facility to fail to post the
				current method by which labor charges are calculated, including any dollar
				figures used, at a prominent and conspicuous location within the facility or on
				the customer invoice or estimate.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.11 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for an automotive
				  repair facility to fail to disclose the basis for calculating a trouble
				  shooting or diagnostic fee.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.12 - PARTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair
				or deceptive trade practice for an automotive repair facility or insurance
				company to fail to disclose (if known) whether particular parts used in the
				repair of the customer's automobile were used or rebuilt or aftermarket crash
				parts. If a facility or insurance company fails to disclose such information
				regarding the condition of the parts used in the repair or service, it will be
				assumed that the parts installed were new, and they shall be warranted as
				such.
B. All repair facilities
				shall keep the parts for customer inspection. Customers may retain the parts if
				they so desire, unless the specific manufacturer requires that the part be
				returned or if the part is hazardous to the environment. If the customer
				desires removed parts that involve a core, the customer will be responsible for
				the core charge. A repair facility shall not be required to keep parts if
				disposal or special handling is required by law. A repair facility shall not be
				required to keep parts after a vehicle has been released to the
				customer.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.13 - SUBSTANTIAL COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A procedure or requirement is in substantial compliance with
				  these regulations if, taking all relevant circumstances into account, the
				  purpose of the procedure or requirement in the regulations is met, regardless
				  of whether or not the technical requirements of the regulations are
				  met.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.14 - SELF-REGULATION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				attorney general may refer to an approved self-regulation program any complaint
				alleging a violation of these regulations by an automotive repair shop
				participating in the program. Not more than forty-five (45) days of receiving a
				complaint by referral from the attorney general, the program shall provide the
				attorney general with a written report describing the substance of the
				complaint and the program's disposition of the complaint.
B. At a minimum, an approved self-regulation
				program shall include:
(1) substantive
				standards determined by the attorney general to be in substantial compliance
				with the standards set forth in these regulations; and
(2) an enforcement procedure that the
				attorney general determines to be fair and impartial, responsive to complaints
				and likely to enforce compliance with the program's substantive
				standards.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 6 - REQUIREMENTS FOR REPAIR OF VEHICLES › Section 12.2.6.16 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of these regulations is held invalid, the
				  remainder of the regulations and applications thereof shall remain
				  unaffected.
Date: ________ __________________________
Tom Udall
Attorney General
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the New Mexico Attorney General, Consumer
				  Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico
				  87504-1508.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Native American jewelry and arts and crafts retail
				  industry.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Unfair Practices Act, Section
				  57-12-13
				  NMSA 1978 (1967); New Mexico and False Advertising Act, Section
				  57-15-7
				  NMSA 1978 (1967).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 1998, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations provide a foundation for comparative price
				  advertisements for the Native American jewelry and arts and crafts retail
				  industry. Although these regulations reflect New Mexico law and federal trade
				  commission regulations (16 C.F.R. Ch. 1, Part 233 (Guides Against Deceptive
				  Pricing), they should not be presumed to constitute a guard against deceptive
				  pricing practices entirely. The principal objective of these regulations is to
				  deter unfair, deceptive and misleading price comparison advertising within the
				  industry.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.8 - IDENTIFICATION OF BASIS FOR PRICE COMPARISON REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in this rule, it is an
				unfair and deceptive trade practice to mark, label or otherwise advertise
				Native American jewelry or arts and crafts at any price other than the actual,
				good faith retail price at which the seller offers and intends to sell the
				goods to the public.
B. Except as
				provided in Subsection B of 12.2.7.9 NMAC, it is an unfair and deceptive
				practice for a seller to advertise using a price comparison or claim of savings
				as to any good offered for sale unless the seller clearly and conspicuously
				discloses the basis or source of the price comparison or savings claim.
(1) Comment: It is a prevalent advertising
				practice in the retail Native American jewelry and arts and crafts industry to
				compare, directly or indirectly, a seller's price to another's price for the
				purpose of emphasizing the bargain to be had. The attorney general has received
				numerous inquiries and complaints from consumers, artists and retailers
				regarding misleading and deceptive advertising in the form of the perpetual
				sales, fictitious reference prices, fictitious discounts and the absence of a
				bona fide reference price.
(2)
				Comment: Often consumers rely upon advertising which contains an implied or
				express comparison between prices or the offer of a price reduction to make
				purchasing decisions. Consumers can be misled or deceived as to the existence
				or amount of a bargain when such advertisements utilize a fictitious reference
				or former price, or imply a "regular" price that has been established only to
				create the illusion of a bargain. Sellers have also complained about such
				advertising practices as an unfair method of competition.
(3) Comment: The Unfair Practices Act
				prohibits deceptive representations in connection with the sale or lease of
				goods or services, the making of false or misleading statements of fact
				concerning the price of goods and the existence of or amounts of price
				reductions. Under the act, it is also unlawful to fail to state a material fact
				if such failure deceives or tends to deceive the public. Regulations are needed
				to ensure that price comparison advertising and other savings claims are not
				unfair, deceptive or misleading. The attorney general has determined that
				regulation of price comparison advertisements and other savings claims in the
				affected industry is in the interest of the citizens of New Mexico.