Sections 1 through 9 [63-9G-1 to 63-9G-9 NMSA 1978] of this act may be cited as the “Cramming and Slamming Act”. History: Laws 1999, ch. 138, § 1. ANNOTATIONS Effective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999. Am. Jur. 2d, A.L.R. and C.J.S. references. […]
As used in the Cramming and Slamming Act: A. “billing aggregator” means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent; B. “commission” means the public regulation commission; C. “cramming” means: (1) charging a customer for telecommunications services that were not […]
A. The commission has jurisdiction over a billing aggregator to the extent of the billing aggregator’s participation in billing for telecommunications services or other goods or services through a customer’s telephone bill. Billing aggregators are subject to the provisions of the Cramming and Slamming Act. B. The commission shall enforce the provisions of the Cramming […]
The commission shall promulgate: A. rules on what constitutes authorization of a change or addition to telecommunications services or change in provider for the purposes of determining cramming or slamming, including consideration of the rules on authorization adopted by the federal communications commission; B. rules and standards on responsibilities of parties in cramming and slamming; […]
A. The following acts are prohibited: (1) cramming or slamming; and (2) disconnecting or threatening to disconnect a customer’s local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has been notified of the cramming or slamming. B. A customer or provider may file a […]
A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer’s telephone bill. Nothing in this subsection affects the local exchange company or other billing agent from collecting credited amounts from the […]
A. A new charge for telecommunications service or a change in telecommunications provider shall be conspicuously indicated on the customer’s telephone bill in clear, unambiguous language and easily legible type. Charges for local exchange service shall be itemized separately from charges for other telecommunications services. B. The local exchange company that serves as the billing […]
A. As used in this section, “seller” means a provider or other person that sells telecommunications services. B. The provider shall approve all sales scripts and written materials used by its sellers, including contract sellers. C. A seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate […]
A. A person shall not injure or threaten to injure a customer’s credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced as follows: (1) for threatening to injure a customer’s credit, […]
