Chapter 57, Article 12 NMSA 1978 may be cited as the “Unfair Practices Act”. History: 1953 Comp., § 49-15-1, enacted by Laws 1967, ch. 268, § 1; 2003, ch. 167, § 8; 2003, ch. 168, § 1. ANNOTATIONS Cross references. — For provisions relating to unfair insurance practices, see Chapter 59A, Article 16 NMSA 1978. […]
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 […]
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 […]
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 […]
The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of the Unfair Practices Act. History: 1953 Comp., § 49-15-11, enacted by Laws 1967, ch. 268, § 10 [10A]. ANNOTATIONS Compiler’s notes. — See compiler’s note to 57-12-12 NMSA 1978. Violation of regulations. […]
The Unfair Practices Act neither enlarges nor diminishes the rights of parties in private litigation. History: 1953 Comp., § 49-15-12, enacted by Laws 1967, ch. 268, § 11. ANNOTATIONS Law reviews. — For article, “Consumer Class Actions Under the New Mexico Unfair Practices Act,” see 4 N.M.L. Rev. 49 (1973). For note, “State Securities Law: […]
In order to promote the uniform administration of the Unfair Practices Act in New Mexico, the attorney general is to be responsible for its enforcement, but he may in appropriate cases delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power conferred upon […]
The Unfair Practices Act does not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast or reproduce material without knowledge of its deceptive or unconscionable character. History: 1953 Comp., § 49-15-14, enacted by Laws 1967, ch. 268, § 13; 1971, […]
Whenever the attorney general has reasonable belief that any person is using or is about to use any method, act or practice which is declared by the Unfair Practices Act to be unlawful, and whenever the attorney general has reasonable belief that any such person is about to remove himself from the state of New […]
The court may require any such person to post a ne exeat bond conditioned on such persons [person’s] appearance at all hearings on the matter at issue. History: 1953 Comp., § 49-15-16, enacted by Laws 1971, ch. 164, § 2. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not […]
No such person shall be incarcerated for failure to post said ne exeat bond for longer than 72 hours, Sundays excepted, without the benefit of a hearing before the court setting said bond. Such hearing shall be held as soon as possible after incarceration. History: 1953 Comp., § 49-15-17, enacted by Laws 1971, ch. 164, […]
As used in the Unfair Practices Act: A. “person” means, where applicable, natural persons, corporations, trusts, partnerships, associations, cooperative associations, clubs, companies, firms, joint ventures or syndicates; B. “seller-initiated telephone sale” means a sale, lease or rental of goods or services in which the seller or the seller’s representative solicits the sale by telephoning the […]
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 […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
Unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful. History: 1953 Comp., § 49-15-3, enacted by Laws 1967, ch. 268, § 3; 1971, ch. 240, § 2. ANNOTATIONS Claims must be based on regular course of trade or commerce. — Claims made under the Unfair […]
