Section 57-12-24 – Unsolicited facsimiles or email; private remedy.
A. Any person who receives an unsolicited advertisement by facsimile or email may bring an action against the sender of the unsolicited advertisement to recover actual damages, including loss of profits, or statutory damages equal to the greater of twenty-five dollars ($25.00) for each email or facsimile received or five thousand dollars ($5,000) for each […]
Section 57-12-25 – Solicitations using loan information; restriction; cause of action.
A. A person shall not reference the trade name or trademark of a lender or a trade name or trademark confusingly similar to that of a lender in a solicitation offering services or products without the consent of the lender, unless the solicitation clearly and conspicuously states the following in close proximity to and in […]
Section 57-12-26 – Gift certificates; expiration; fees; penalties.
A. As used in this section, “gift certificate” means a writing identified as a gift certificate that is not redeemable in cash and is usable in its face amount in lieu of cash in exchange for goods or services supplied by a seller, but does not include a gift certificate useable with multiple unaffiliated sellers […]
Section 57-12-20 – Sureties on bond.
The sureties upon any bond, shall in all cases justify as to their sufficiency; and the clerk of the district court taking such bond shall certify his approval of the same, as to form and the manner of its execution and to the sufficiency of the sureties thereon. History: 1953 Comp., § 49-15-18, enacted by […]
Section 57-12-21 – Door-to-door sales; contracts; requirements; prohibitions.
A. In connection with a door-to-door sale, it constitutes an unfair or deceptive trade practice for a seller to: (1) fail to furnish the buyer with a fully completed receipt or copy of a contract pertaining to the sale at the time of its execution that is in the same language as that principally used […]
Section 57-12-22 – Telephone solicitation sales; automated telephone dialing systems for sales restricted; disclosure and other requirements established for authorized telephone solicitation sales; prohibited telephone solicitation.
A. A person shall not utilize an automated telephone dialing or push-button or tone-activated address signaling system with a prerecorded message to solicit persons to purchase goods or services unless there is an established business relationship between the persons and the person being called consents to hear the prerecorded message. B. It is unlawful under […]
Section 57-12-23 – Unsolicited facsimiles or email; prohibition.
A. No person conducting business in this state shall transmit by facsimile or cause to be transmitted by facsimile an unsolicited advertisement unless: (1) the person establishes a toll-free telephone number that a recipient of the unsolicited advertisement may call to notify the person not to send the recipient any additional unsolicited advertisement; and (2) […]
Section 57-12-10 – Private remedies.
A. A person likely to be damaged by an unfair or deceptive trade practice or by an unconscionable trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take […]
Section 57-12-11 – Civil penalty.
In any action brought under Section 57-12-8 NMSA 1978, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Unfair Practices Act, the attorney general, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil […]
Section 57-12-12 – Civil investigative demand.
A. Whenever the attorney general has reason to believe that any person may be in possession, custody or control of an original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording which he believes to be relevant to the subject matter of […]