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Section 56-3A-1 – Short title.

Chapter 56, Article 3A NMSA 1978 may be cited as the “Fair Credit Reporting and Identity Security Act”. History: Laws 2007, ch. 106, § 1; 2010, ch. 54, § 1. ANNOTATIONS The 2010 amendment, effective May 19, 2010, deleted “This act” and added “Chapter 56, Article 3A NMSA 1978” and after “cited as the”, deleted […]

Section 56-3A-2 – Definitions.

As used in the Fair Credit Reporting and Identity Security Act: A. “consumer” means an individual who is a resident of New Mexico; B. “consumer reporting agency” means any person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other […]

Section 56-3A-3 – Security freeze.

A. A consumer may elect to place a security freeze on the consumer’s credit report by making a request to a consumer reporting agency by means of certified or regular mail sent to an address designated by the consumer reporting agency, or by means of a telephone or a secure electronic method if such means […]

Section 56-3A-3.1 – Declaration of removal; procedures.

A. A consumer may file a declaration of removal with a consumer reporting agency operating within New Mexico declaring that the consumer: (1) is the victim of identity theft; (2) is eligible for removal of information reported to or by the consumer reporting agency on the basis of identity theft; (3) is available for service […]

Section 56-3A-4 – Notice of rights.

At any time that a consumer reporting agency is required to provide the consumer with a summary of rights pursuant to Section 609 of the federal Fair Credit Reporting Act, the following notice shall be included: “New Mexico Consumers Have the Right to Obtain a Security Freeze or Submit a Declaration of Removal You may […]

Section 56-3A-5 – Violations; civil liability.

If a consumer reporting agency violates the provisions of the Fair Credit Reporting and Identity Security Act, the affected consumer or the attorney general may bring a civil action against the consumer reporting agency for: A. injunctive relief to prevent further violation of the Fair Credit Reporting and Identity Security Act; B. any actual damages […]

Section 56-3A-6 – Severability.

If any part or application of the Fair Credit Reporting and Identity Security Act is held invalid, the remainder or its application to other persons or situations shall not be affected. History: Laws 2007, ch. 106, § 6; 2010, ch. 54, § 7. ANNOTATIONS The 2010 amendment, effective May 19, 2010, after “application of the”, […]