reglab/statecodes huggingface dataset:
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 12.2.7.9 - COMPARISON TO SELLER'S OWN FORMER PRICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair and deceptive practice for
				a seller to advertise using a comparison between the seller's current price and
				the seller's former price for any good unless the good was offered to the
				public openly and honestly, in good faith, with intent to sell at the former
				price, for a reasonably substantial period of time which immediately preceded
				the effective date of the price reduction.
B. A seller may advertise using a price
				comparison or claim a savings without the required disclosure(s), as described
				in Subsection B of 12.2.7.8 NMAC, only if the price comparison or savings claim
				is clearly based on the seller's former price. Terms such as "regular,"
				"regularly," "formerly," "originally," "was" or words of similar meaning may be
				used by the seller to refer and identify a comparison to his or her former
				price.
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 12.2.7.10 - COMPARISON TO SELLER'S FUTURE PRICES

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair and deceptive practice for a seller to
				  advertise an introductory offer or to compare its current price for a good with
				  the price at which the good will be offered in the future, unless both of the
				  following requirements are met:
A. the
				future price takes effect within a reasonable time not to exceed 30 days after
				the introductory offer of price comparison is first published; and
B. after the end of the introductory sale,
				the advertised future price of the good becomes the seller's regular and
				customary price.
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 12.2.7.11 - USE OF LIST PRICE OR SIMILAR COMPARISONS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair and deceptive practice for a seller to
				  advertise using a price comparison or to claim a savings, expressed or implied,
				  from a list price or term of similar meaning, including the manufacturer's
				  suggested retail price, unless one of the following requirements is met:
A. the list price does not exceed the highest
				price at which a substantial number of sales of the same or substantially
				comparable goods have been made in the seller's trade area; or
B. the list price is the price at which the
				seller offered the good for at least 90 consecutive days in the regular course
				of its business, openly, actively and in good faith, with an intent to sell the
				good at that price; the 90-day period must precede immediately the start of any
				advertised price comparison; or
C.
				the list price does not exceed the highest price at which the good is offered
				by a reasonable number of merchants in the seller's trade area for 90
				consecutive days in the regular course of business; the 90 day period must
				precede immediately the start of any advertised price comparison; or
D. the list price does not exceed the
				seller's cost plus the percentage mark-up regularly used by the seller in the
				actual sale of such good or service of an identical class or kind, in the
				seller's recent, regular course of business.
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 12.2.7.12 - COMPARISON TO COMPETITOR'S PRICE

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair and deceptive practice for a seller to
				  advertise using a comparison between the seller's price with a price currently
				  being offered by another seller for goods or services unless the goods are
				  comparable in quality, design, grade, material and craftsmanship and the
				  seller's price is at or below the price at which the comparable goods are being
				  offered currently in the seller's trade area by a reasonable number of other
				  sellers in the same trade area, or another seller identified in the
				  advertisement.
A. Any seller making
				price comparisons with another seller or sellers shall be required to document
				the basis on which the comparisons are made. Such documentation shall include
				identification of the seller(s) with whom goods and prices are being compared,
				identification of the goods being compared and claimed to be the comparable, a
				statement of the prices charged by each seller for the comparable goods and the
				date(s) on which the comparison was made.
B. Any seller making price comparisons with
				another seller or sellers shall update his or her records no less than every
				six months, and shall be required to retain the documentation which form the
				basis of the price comparisons, as required by Subsection A of 12.2.7.12 NMAC,
				for a period of no less than two years from the date of the first advertisement
				which uses the price comparisons.
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 12.2.7.13 - UNFAIR OR DECEPTIVE TRADE PRACTICE TO ADVERTISE OR OTHERWISE REPRESENT A SALE USING A FICTITIOUS REGULAR PRICE

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair and deceptive trade practice to advertise or
				  otherwise represent a sale or bargain using a fraudulent regular or former
				  price at which the seller never sold or could not in good faith reasonably have
				  expected to sell the good or service. A "fraudulent regular or former price" is
				  any price at which the seller did not offer the good openly and honestly, in
				  good faith, for a reasonably substantial period of time, and includes any
				  unreasonably inflated price at which a reasonable and prudent seller would not
				  have expected to sell the good. Example. Seller's cost for a concha belt is
				  $300. Seller labels the item with a price of $3,000, knowing that no reasonable
				  buyer would pay that much for this particular belt. Shortly thereafter, Seller
				  then advertises a "70% discount" on the belt, offering it for $900, which is
				  the price she wanted from the beginning. This violates the
				  rule.
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 12.2.7.14 - PRICE NEGOTIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as provided in this rule, a seller shall offer and sell goods at the marked or
				labeled retail prices.
B. It is an
				unfair and deceptive trade practice for a seller to mark and offer goods at
				prices which he or she does not intend to sell them, for the purpose of being
				able to negotiate price reductions off the marked or labeled prices, except
				that a seller may routinely and regularly negotiate price reductions not to
				exceed 25%, so long as the seller clearly and conspicuously discloses to the
				prospective purchasers that the prices of the goods offered for sale are
				negotiable. A seller may, on an infrequent and non-regular basis, accept more
				than a 25% price reduction as a result of negotiations with a
				customer.
C. The disclosure that
				prices are negotiable shall be in writing and posted in a conspicuous manner at
				each entrance to the seller's place of business, and at each cash register or
				other place where the seller accepts payment for goods. The disclosure must be
				no less than 8 by 8 inches at any entrance, and no less than 6 by 8 inches at
				any cash register or other place where the seller accepts payment for goods.
				The disclosure must be in bold-face type of 26 point or greater font, and shall
				state as follows:
PRICES ARE NEGOTIABLE
The prices of [specify goods for which prices are
				  negotiable] are negotiable. The marked or labeled prices of these items are
				  initial asking prices only.
D.
				Subsection B of 12.2.7.14 NMAC shall not apply to reasonable discounts given to
				consumers for good faith purchases of more than one object or article from the
				seller; provided that the seller shall not engage in a pattern and practice of
				encouraging or permitting a customer to purchase a second low-cost item in
				order to qualify for the discount.
(1)
				Example: Consumer is interested in a three hundred dollar ($300) necklace.
				Seller tells consumer that if she buys a pair of $10 earrings, he will give
				consumer a 25% multiple purchase discount on the price of the necklace. This
				transaction violates this rule because the seller-initiated offer of a multiple
				item discount is intended to circumvent the requirement that merchandise be
				marked and sold at the actual price.
(2) Example: Consumer asks about a $300
				necklace and a $100 ring. Seller tells consumer that she will give a 25% price
				reduction if consumer buys both items, although any single item purchase will
				be at the labeled price. This transaction does not violate the rule because the
				consumer-initiated purchase of more than one item is in good faith and is not
				intended merely to obtain a price reduction.
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 12.2.7.15 - BARGAIN OFFERS BASED ON THE PURCHASE OF OTHER GOODS AND USE OF THE WORD "FREE"

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an
				unfair and deceptive practice to use the word "free" or words of similar
				meaning, or to represent bargain offers, including "buy one - get one free,"
				"buy one - get one at half price," "two for one" and "one cent sale," when
				describing a good to be given to a customer who purchases other goods, if the
				seller recovers, in whole or in part, the cost of the free or bargain good by
				marking up the price of the item which must be purchased, by substituting an
				inferior item, or otherwise.
B. It
				is an unfair and deceptive practice to represent that another good is being
				offered free or at a bargain price with the sale if the advertised good can be
				purchased from the seller at a lesser price without the free or bargain
				good.
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 12.2.7.16 - USE OF SALE TERMINOLOGY

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				an unfair and deceptive practice for a seller to use terms such as "sale,"
				"sale price," "now only $_______________" or other words and phrases that imply
				a price savings unless the price of the good is reduced by no less than 10%
				from the former price of the good. If the seller reduces the price by 10% or
				more from the former or regular price, a rebuttable presumption exists that the
				price reduction was of a reasonable amount.
B. The term "sale" may be used in an
				advertisement where not all goods are offered at a reduction from the former or
				regular price if the goods to which the sale applies are clearly and
				conspicuously identified.
C. It is
				an unlawful and deceptive trade practice for a seller to use such terms as
				"sale" or "sale price," unless the goods offered have been offered to the
				public openly and honestly, in good faith, for a reasonably substantial period
				of time, at a former price of at least 10% more than the "sale
				price".
D. No sale which is
				legitimate under these rules shall exceed 30 consecutive days in length, except
				for a going-out-of-business sale which complies with the requirements of the
				New Mexico Distress Sales Act, Section
				57-10-1
				NMSA 1978 (1967) et seq. Comment: Because other provisions of this rule require
				that sellers offer goods at the regular retail price for a "reasonably
				substantial period of time" prior to placing them on sale, an attempt to
				circumvent Subsection D of 12.2.7.16 NMAC, by offering goods at the regular
				retail price for a short period of time (e.g., one week) following a sale, and
				then putting them back on sale, will constitute a violation of this
				rule.
E. A seller who conducts a
				sale which complies with 12.2.7.16 NMAC herein shall not be required to re-mark
				or relabel the prices of all items placed on sale (see Subsection A of 12.2.7.8
				NMAC) during the term of the sale; provided that, if, following the completion
				of a legitimate sale, the seller wishes to permanently reduce the price of
				sales merchandise which was not sold, the seller must re-mark and re-label all
				such inventory to reflect the new, lower retail price.
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 12.2.7.17 - EVIDENCE OF ADVERTISED VALUE OR BARGAIN REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Any seller who makes a comparison price advertisement or
				  other savings claim must retain any and all documents evidencing the basis for
				  the comparison or other savings claim for a period of at least two years after
				  the last date on which the advertisement was made. It is an unfair or deceptive
				  practice for any seller who advertises using a reference or comparison price,
				  or other savings claim, to fail to retain any and all documents evidencing the
				  basis for the comparison claim or other savings claim for a period of not less
				  than two years after the last date on which the claim is
				  made.
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 12.2.7.18 - USE OF THE TERM "WHOLESALE"

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair and deceptive practice to advertise the
				  phrase "wholesale to the public," or any similar term or phrase or to otherwise
				  state or imply that the public is able to buy merchandise at "wholesale"
				  prices, unless the seller is, in fact, a wholesaler, and unless the seller
				  sells to the general public at exactly the same prices as he or she sells to
				  retailers who are buying merchandise intended for resale to the public at a
				  higher retail price.
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 12.2.7.19 - 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 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Unfair Practices Act, NMSA 1978, Section
				  57-12-1,
				  et seq. (1967).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 2009, 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 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to deter unfair and deceptive
				  practices that result in economic harm to consumers in transactions involving
				  service contracts which contain automatic renewal clauses.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Automatic
				renewal provision" means a provision under which a service contract is renewed
				for a specified period if:
(1) the renewal
				causes the service contract to continue in effect more than two months after
				the end of the term of the original contract; and
(2) the renewal is effective unless the
				consumer gives notice to the seller of the consumer's intention to terminate
				the service contract.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.8 - AUTOMATIC CANCELLATION PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair or deceptive trade
				practice for any consumer service contract to contain an automatic renewal
				provision unless the contract provision is set forth in a clear and conspicuous
				manner in at least 10 point type and includes the notice requirements and
				specific procedure by which the consumer may cancel the contract at the end of
				the initial contract term and the terms of the automatic renewal in the event
				that notice of cancellation is not given at the end of the initial contract
				term;
B. It is an unfair or
				deceptive trade practice for any consumer service contract to contain an
				automatic renewal provision unless the seller provides the consumer written
				notice prior to the end of the initial term of the contract or prior to the end
				of any renewal term of the contract consistent with Subsection (C) of 12.2.11.8
				NMAC herein.
C. It is an unfair and
				deceptive trade practice for any service contract that contains an automatic
				renewal provision to:
(1) fail to provide
				written notice to the consumer specifying the procedure by which the consumer
				may cancel the contract and set forth in a clear and conspicuous manner, in at
				least 10 point type, and served on the consumer either by certified mail or on
				the first page of a monthly statement at least 30 days before the last day on
				which the consumer may give notice of the consumer's intention to terminate the
				contract, but not sooner than 60 days before the last day on which the consumer
				may give notice;
(2) fail to allow
				a minimum of thirty (30) calendar days after the receipt of the seller's notice
				pursuant to Paragraph (1) of Subsection C of 12.2.11.8 NMAC herein for the
				consumer to give notice of the consumer's intent to terminate the contract at
				the end of the initial term or at the end of any additional renewal
				term;
(3) fail to honor a written
				notice sent via fax, U.S. mail, email or any other means upon which a consumer
				can reasonably rely to deliver such notice and postmarked, time stamped or
				otherwise electronically date stamped within the 30 calendar days provided for
				the consumer to give notice;
(4)
				fail to honor a written notice timely sent, mailed, emailed or otherwise
				transmitted in a manner upon which the consumer can reasonably rely to deliver
				such notice but received by the seller after the expiration of the notice
				period;
(5) fail to allow
				termination of the contract at the end of the initial term or at the end of any
				additional renewal term without additional cost or penalty.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 11 - AUTOMATIC RENEWAL OF SERVICE CONTRACTS › Section 12.2.11.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of this rule is held invalid, the remainder of
				  the rule and application thereof shall remain unaffected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Unfair Practices Act, NMSA 1978, Section
				  57-12-1,
				  et seq. (1967).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2010, 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 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to ensure a uniform understanding
				  and practice within the debt collection industry regarding what information is
				  required to be provided to consumers when a debt that the debt collector,
				  acting in the regular course of his or her trade or commerce, is attempting to
				  collect is unenforceable in judicial proceedings due to the running of the
				  applicable statute of limitation. The implementation of the notices required in
				  this rule will obviate an industry-wide practice that tends to or does mislead
				  or deceive by failing to provide material information to consumers. NMSA 1978,
				  Section 57-12-2(D)(14).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Collection of
				debt" means any effort by any person acting in the regular course of his or her
				trade or commerce, including, but not limited to, the original lender or
				obligee, or any assignee of the original lender or obligee, or any assignee of
				any owner of the debt other than the original lender or obligee, or any third
				party attempting to collect the debt on behalf of the debt owner, to obtain
				payment of all or any part of the debt from the person who owes the
				debt.
B. "Clear and conspicuous"
				has the same meaning as the term "conspicuous" defined at NMSA 1978, Section
				55-1-201(b)(10) (1961), of the New Mexico Commercial Code; EXCEPT that it shall
				exclude the requirement that all words be in capitalized lettering.
C. "Debt" means any obligation owed or
				alleged to be owed by one person to another.
D. "Debt collector" means any person who, in
				the regular course of the person's trade or commerce, collects or attempts to
				collect a debt owed or alleged to be owed by any person in New Mexico,
				including, but not limited to, the original lender or obligee, any assignee of
				the original owner, and third party collectors who are "debt collectors" as
				defined by the Fair Debt Collection Practices Act,
				15 U.S.C. Section
				1692 a(6).
E. "Good faith" means an honest, fair and
				reasonable belief that rests on a reasonable assessment of those facts
				reasonably and fairly available, and not necessarily limited only to those
				facts actually in possession. "Good faith" may require a fair and reasonable
				inquiry of others in possession of information known or believed to be relevant
				to the matter at issue. See, in part, State v. Sanchez, 88 N.M. 378, 382, 540
				P.2d 858 (Ct.App. 1975); rev.'d, other grds., 88 N.M. 402, 540 P.2d 1291
				(1975); NMSA 1978, Section 55-1-201(b)(20) (1961).
F. "Least sophisticated consumer" means the
				standard for evaluating truth and deception under the federal Fair Debt
				Collection Practices Act,
				15 U.S.C. Section
				1692 et seq., as summarized in Jeter v.
				Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985).
G. "Person" means natural persons,
				corporations, trusts, partnerships, associations, cooperative associations,
				clubs, companies, firms, joint ventures or syndicates.
H. "Statute of limitation" means the time
				period established by law in which an aggrieved party may bring a cause of
				action in judicial proceedings; e.g., NMSA 1978, Sections
				37-1-3
				(six years for written contracts),
				37-1-4
				(four years for unwritten contracts and accounts), or
				55-2-725
				(four years for breach of contract for sale of goods).
I. "Time-barred debt" means any debt that is
				not enforceable in a judicial proceeding because the applicable statute of
				limitation has run.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.8 - DUTY TO DETERMINE IF DEBT IS TIME-BARRED

Current through Register Vol. 35, No. 13, July 16, 2024
Every debt collector attempting to collect a debt in the
				  state of New Mexico has a duty to determine, in good faith, whether each debt
				  it is attempting to collect is or is not time-barred.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.9 - UNFAIR OR DECEPTIVE PRACTICES; REQUIRED DISCLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is an unfair or deceptive trade
				practice for any debt collector acting in the regular course of his or her
				trade or commerce, whether directly or indirectly, by letter, telephone,
				electronically or by any other means, to collect or to attempt to collect from
				any person any payment of any debt that the debt collector knows or has reason
				to know is a time-barred debt, or to seek or obtain from any person any
				payment, admission, affirmation, acknowledgement of a debt, or new promise to
				pay, or any waiver of legal rights or defenses with regard to any debt, that
				the debt collector knows or has reason to know is a time-barred debt unless the
				debt collector discloses the following information:
(1) the disclosure is prefaced with the
				following statement: "We are required by New Mexico Attorney General rule to
				notify you of the following information. This information is not legal
				advice.";
(2) either that the debt
				is unenforceable through a lawsuit because the time for filing has expired, or
				that it may be unenforceable through a lawsuit because the time for filing may
				have expired;
(3) if the debt is
				time-barred, the person cannot be required to pay the debt through a
				lawsuit;
(4) the person is not
				required by the law: to sign any admission, affirmation or acknowledgement of,
				or new promise to pay the debt; or to make any payment on the debt; or to waive
				any of his or her rights with regard to the effect of the running of the
				applicable statute of limitation;
(5) an explanation of the consequences
				pursuant to NMSA 1978, Section
				37-1-16,
				with regard to the revival of the statute of limitation resulting from: any
				payment on the debt; any signed admission, affirmation or acknowledgement of
				the debt; any signed new promise to pay the debt; any waiver of the debtor's
				legal rights resulting from the unenforceability of the debt due to the running
				of the applicable statute of limitation.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.10 - VIOLATION OF THE UNFAIR PRACTICES ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Violation of this rule constitutes a violation of the New
				  Mexico Unfair Practices Act, NMSA 1978, Section
				  57-12-1 et
				  seq.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 12 - COLLECTION OF TIME-BARRED DEBT › Section 12.2.12.11 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of this rule is held invalid, the remainder of
				  the rule and the applications thereof shall remain
				  unaffected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 13 - REQUIREMENTS FOR SPOT DELIVERY OF MOTOR VEHICLES › Section 12.2.13.3 - 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 13 - REQUIREMENTS FOR SPOT DELIVERY OF MOTOR VEHICLES › Section 12.2.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 1, 2012, 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 13 - REQUIREMENTS FOR SPOT DELIVERY OF MOTOR VEHICLES › Section 12.2.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				this rule is to accomplish two principal objectives:
(1) deter unfair business practices in the
				sale of motor vehicles that result in economic harm, and
(2) provide clear legal standards for the
				sale of motor vehicles where the sale of the vehicle is contingent upon
				approval of financing of the vehicle.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 13 - REQUIREMENTS FOR SPOT DELIVERY OF MOTOR VEHICLES › Section 12.2.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms have the meanings set forth
				  herein.
A. "Motor vehicle dealer"
				means:
(1) any person who sells or solicits or
				advertises the sale of new, demonstration or used motor vehicles and who is
				licensed pursuant to the motor vehicle code; or
(2) any person who sells four or more motor
				vehicles in a calendar year whether licensed or not.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 13 - REQUIREMENTS FOR SPOT DELIVERY OF MOTOR VEHICLES › Section 12.2.13.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion of this rule is held invalid, the remainder of
				  the rule and application thereof shall remain unaffected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Misrepresentation of age and condition of motor
				  vehicles.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Unfair Practices Act, 57-12-13 NMSA
				  1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2014, 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 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				this rule is to:
(1) deter misrepresentation
				of the age or condition of used motor vehicles in retail motor vehicle sale
				transactions;
(2) protect retail
				buyers in motor vehicle sale transactions through uniform disclosure of
				material information concerning the age or condition of used motor vehicles;
				Subsection A of Section
				57-12-6
				NMSA 1978;
(3) provide sellers
				clear legal standards as to what constitutes "to the best of seller's
				knowledge" when selling used motor vehicles to retail buyers: Paragraph (2) of
				Subsection B of Section
				57-12-6
				NMSA 1978;
(4) establish standards
				for used motor vehicle damage inspections; and
(5) establish standards for disclosure of
				used motor vehicle alteration or damage inspection results to motor vehicle
				buyers.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Alteration"
				shall mean damage to, repair or modification of a motor vehicle's cab, chassis,
				or body which materially diminishes the value of the motor vehicle; the
				alteration may but need not necessarily be the result of wreck damage; goods
				are altered if, as measured against reasonable expectations of a consumer, the
				characteristics or value of a motor vehicle are diminished in a meaningful way.
				See Hale v. Basin Motor Co., 110 N.M. 314 (1990).
B. "Body" shall mean the external structure
				of the motor vehicle, exclusive of the cab and chassis.
C. "Cab" shall mean the compartment of a
				motor vehicle where the driver and passengers sit.
D. "Chassis" shall mean the frame, structural
				components of the motor vehicle and suspension.
E. "Flat rate manual cost" shall mean
				estimated cost of repair as indicated by a nationally recognized manual
				commonly used in the industry.
F.
				"Good faith estimate of cost" for alteration or repair shall mean a good faith
				estimate of the flat rate manual cost of prior alteration or repair discovered
				in the used motor vehicle alteration or damage inspection contemplated by this
				rule, and disclosed in substantially the manner shown in the model inspection
				report which accompanies this rule, but "good faith estimate of cost" shall not
				be interpreted as a warranty as to actual cost which is unknown to the seller,
				nor is "good faith estimate of cost" intended to be a substitute for disclosure
				of actual cost if known to the seller.
G. "Inspection" or "reasonable inspection"
				shall mean an investigation of the age and condition of a motor vehicle for
				evidence of prior alteration or prior repair due to alteration or wreck damage.
				Inspections shall be consistent with
				12.2.14.10
				NMAC.
H. "Inspection report" shall
				mean the inspection report provided for in
				12.2.14.10
				NMAC, or equivalent form, including the model inspection report form which
				accompanies this rule.
I.
				"Qualified person" shall mean a person who is qualified by an industry
				recognized program or who possesses the requisite knowledge, skill or
				experience to perform the used motor vehicle inspection required by this rule
				and by the accompanying model inspection report form, in order to find evidence
				of:
(1) painting and refinishing;
(2) structural and non-structural damage
				repair;
(3) repair of motor
				vehicle, cab, chassis and body; or
(4) previous alteration.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.8 - AFFIDAVIT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				seller of a motor vehicle shall furnish at the time of sale of a motor vehicle
				an affidavit that states to the best of the seller's knowledge whether there
				has been an alteration or chassis repair due to wreck damage, except where not
				required. Subsections B and C of Section 57-12 -6 NMSA 1978.
B. When a seller in good faith:
(1) conducts a motor vehicle inspection in
				compliance with
				12.2.14.10
				NMAC;
(2) completes an inspection
				report pursuant to
				12.2.14.11
				NMAC;
(3) provides the inspection
				report to the buyer; and
(4)
				maintains the inspection report in seller's records for four years, the seller
				may be deemed to have complied with Section 57-12 -6 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.10 - REASONABLE INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The following motor vehicle inspection shall be conducted by
				  qualified persons and shall be deemed reasonable pursuant to Subsection B of
				  Section
				  57-12-6
				  NMSA 1978 by:
A. inspecting the motor
				vehicle for evidence of repainting such as:
(1) differences in paint color or
				texture;
(2) mismatched sizes of
				metallic sparkle in the paint;
(3)
				embedded dirt or deep scratches in the top coat of the paint; and
(4) uneven paint thickness;
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.11 - PREVIOUS WRECK DAMAGE OR ALTERATION INSPECTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The seller's inspection report shall be in substantially the
				  form which accompanies this rule and shall include the following
				  information:
A. seller's
				name;
B. address, including city,
				state, and zip code;
C. the year,
				make and model of the motor vehicle;
D. the motor vehicle identification
				number;
E. the exterior color of
				the motor vehicle;
F. an odometer
				reading of the motor vehicle;
G. a
				"yes" and "no" check box to indicate any discovered safety issues revealed by
				the inspection; if "yes" is checked, the inspection report shall identify such
				issues with particularity;
H. a
				"yes" and "no" check box to indicate any discovered chassis or structural
				damage revealed by the inspection; if "yes" is checked, the inspection report
				shall identify such damage with particularity;
I. a "yes" and "no" check box to indicate any
				discovered non industry-standard repair revealed by the inspection; if "yes" is
				checked, the inspection report shall identify such repair with
				particularity;
J. a "yes" and "no"
				check box to indicate any discovered unrepaired damage revealed by the
				inspection; if "yes" is checked, the inspection report shall identify such
				damage with particularity;
K.
				whether a good faith estimate of the cost of prior alteration or damage repair
				discovered on inspection exceeds six percent of the estimated sales price of
				the motor vehicle;
L. date of
				inspection;
M. cost for the
				inspection;
N. contact information
				for the business/individual who performed the inspection, including city,
				state, and zip code and telephone number;
O. the printed or typed name of the qualified
				person who performed the inspection;
P. the signature of the qualified person who
				conducted the inspection; and
Q. a
				statement to the effect that "prior damage/repair inspection is based on good
				faith observation, minimal disassembly and without use of computerized
				measuring system(s)," that the inspection report is not a warranty, and
				containing a citation to this rule,
				12.2.14.1
				NMAC;
R. the seller's inspection
				report may also include:
(1) a statement
				whether the motor vehicle was placed on a lift to inspect the chassis as part
				of the inspection;
(2) a statement
				whether a paint mil thickness gauge was used to measure paint thickness as part
				of the inspection; or
(3)
				reasonable additional detail about the condition of the chassis, body panels
				and paint of the motor vehicle which was revealed by the inspection and is
				believed by the inspector to be useful to a buyer.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.12 - DISCLOSURE IN LIEU OF INSPECTION FOR HIGH MILEAGE/AGED MOTOR VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
In lieu of the used motor vehicle damage inspection
				  contemplated by
				  12.2.14.9
				  NMAC and the used motor vehicle damage inspection report contemplated by
				  12.2.14.11
				  NMAC, the seller of a motor vehicle which either: is 10 or more years old based
				  on its model year or has more than 125,000 odometer miles, may provide the
				  buyer of such a motor vehicle with a conspicuous written disclosure on a
				  separate form containing a statement to the effect that "because of age in
				  excess of 10 years or mileage in excess of 125,000 this motor vehicle has not
				  received a used motor vehicle damage inspection pursuant to
				  12.2.14.1 NMAC,
et seq
., and buyer may obtain an independent inspection of the
				  motor vehicle at buyer's own expense before purchase, if buyer so chooses."
				  Seller of a motor vehicle subject to this section is nonetheless obligated to
				  make required disclosures pursuant to Section
				  57-12-6
				  NMSA 1978. Should the seller of such a high mileage/aged vehicle nevertheless
				  choose to obtain a damage inspection and report on such a motor vehicle, the
				  seller shall provide the inspection report and any applicable affidavit to the
				  buyer as with any other used motor vehicle.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.13 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of this rule is held invalid, the remainder of
				  the rule and applications thereof shall remain unaffected.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 14 - MISREPRESENTATION OF AGE AND CONDITION OF MOTOR VEHICLES › Section 12.2.14.14 - USED MOTOR VEHICLE ALTERATION OR DAMAGE INSPECTION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
Click to view
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Click to view
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New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 15 - SALE OF RECYCLED METALS › Section 12.2.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth definitions to the department pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 15 - SALE OF RECYCLED METALS › Section 12.2.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 15 - SALE OF RECYCLED METALS › Section 12.2.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 12, 2012 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 15 - SALE OF RECYCLED METALS › Section 12.2.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to define language required pursuant to Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 15 - SALE OF RECYCLED METALS › Section 12.2.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Secondhand metal dealer":
means a scrap metal processor in the business of operating or maintain a scrap metal yard in a physical location in which scrap metal or cast-off regulated material is purchased for shipment, sale or transfer.
B.
"Aluminum material":
means a product made from aluminum, an aluminum alloy or an aluminum byproduct. Aluminum material includes an aluminum beer keg but does not include other types of aluminum cans used to contain a food or beverage.
C.
"Bronze material":
means a cemetery vase, receptacle or memorial made from bronze; bronze statuary; or material readily identifiable as bronze.
D.
"Copper or brass material":
means insulated or non-insulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; or a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier.
E.
"Lead material"
means:
(1) a lead-acid battery; or
(2) material readily identifiable as being made of or containing lead:
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part sets forth application procedures to the department pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Sale of Recycled Metals Act, Sections  57-30-1 through  57-30-14 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this part is to register secondhand metal dealers pursuant to Section  57-30-2.1 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 16 - APPLICATION FOR REGISTRATION › Section 12.2.16.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Effective July 1, 2012, all secondhand metal dealers shall not buy or sell regulated material without a valid registration issued by the department.
B. Applications for registration shall be completed on a form provided by the department.
C. Electronic signatures will be acceptable for applications submitted pursuant to Section  14-16-1 through Section  14-16-21 NMSA 1978.
D. Information submitted shall include:
(1) the full name and business address of the applicant;
(2) the location at which the applicant engages or will engage in the business of buying or selling regulated material;
(3) a non-refundable registration fee as set forth in 12.2.16.9 NMAC;
(4) affirmation of compliance with all federal requirements;
(5) affirmation of registration with metal theft alert system as described in Subsection C of 12.2.18.8 NMAC.