Chapter 57 — Chapter 57

History: Laws 2003, ch. 167, § 4; repealed by Laws 2003, ch. 167, § 11.

History: Laws 2003, ch. 167, § 5; repealed by Laws 2003, ch. 167, § 11.

History: Laws 2003, ch. 167, § 6; repealed by Laws 2003, ch. 167, § 11.

History: Laws 2003, ch. 167, § 7; repealed by Laws 2003, ch. 167, § 11.

Chapter 57, Article 12B NMSA 1978 may be cited as the "Privacy Protection Act". History: Laws 2003, ch. 169, § 1; 2005, ch. 127, § 1.

As used in the Privacy Protection Act: A. "business" means a commercial enterprise that: (1) sells or leases or intends to sell or lease products, goods or services to consumers; (2) is an agent of a business described in Paragraph (1) of this subsection; or (3) is an agent of a …

A. Except as provided in Subsection B of this section, no business shall require a consumer's social security number as a condition for the consumer to lease or purchase products, goods or services from the business. B. Nothing in this section prohibits a business from requiring …

A. Except as provided in Subsection B of this section, a business shall not: (1) make the entirety of a social security number available to the general public. This prohibition includes: (a) intentionally communicating a social security number to the general public; and (b) print…

This act [57-12C-1 to 57-12C-12 NMSA 1978] may be cited as the "Data Breach Notification Act". History: Laws 2017, ch. 36, § 1.

agencies. A person that is required to issue notification of a security breach pursuant to the Data Breach Notification Act to more than one thousand New Mexico residents as a result of a single security breach shall notify the office of the attorney general and major consumer re…

A. When the attorney general has a reasonable belief that a violation of the Data Breach Notification Act has occurred, the attorney general may bring an action on the behalf of individuals and in the name of the state alleging a violation of that act. B. In any action filed by t…

exempted. Nothing in the Data Breach Notification Act shall be interpreted to apply to the state of New Mexico or any of its political subdivisions. History: Laws 2017, ch. 36, § 12.

As used in the Data Breach Notification Act: A. "biometric data" means a record generated by automatic measurements of an identified individual's fingerprints, voice print, iris or retina patterns, facial characteristics or hand geometry that is used to uniquely and durably authe…

A person that owns or licenses records containing personal identifying information of a New Mexico resident shall arrange for proper disposal of the records when they are no longer reasonably needed for business purposes. As used in this section, "proper disposal" means shredding…

information. A person that owns or licenses personal identifying information of a New Mexico resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauth…

implementation of security measures. A person that discloses personal identifying information of a New Mexico resident pursuant to a contract with a service provider shall require by contract that the service provider implement and maintain reasonable security procedures and prac…

A. Except as provided in Subsection C of this section, a person that owns or licenses elements that include personal identifying information of a New Mexico resident shall provide notification to each New Mexico resident whose personal identifying information is reasonably believ…

Notification required pursuant to Subsection A of Section 6 [57-12C-6 NMSA 1978] of the Data Breach Notification Act shall contain: A. the name and contact information of the notifying person; B. a list of the types of personal identifying information that are reasonably believed…

The provisions of the Data Breach Notification Act shall not apply to a person subject to the federal Gramm-Leach-Bliley Act or the federal Health Insurance Portability and Accountability Act of 1996. History: Laws 2017, ch. 36, § 8.

The notification required by the Data Breach Notification Act may be delayed: A. if a law enforcement agency determines that the notification will impede a criminal investigation; or B. as necessary to determine the scope of the security breach and restore the integrity, security…

Chapter 57, Article 13 NMSA 1978 may be cited as the "Pyramid Promotional Schemes Act". History: 1953 Comp., § 50-20-1, enacted by Laws 1973, ch. 377, § 1; 1987, ch. 100, § 1.

ANNOTATIONS Repeals. — Laws 1987, ch. 100, § 16, effective June 19, 1987, repealed 57-13-10 NMSA 1978, as enacted by Laws 1973, ch. 377, § 10, relating to registering of pyramid or multilevel sales companies with the attorney general and the designation of the secretary of state …

The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of the Pyramid Promotional Schemes Act. A violation of these regulations shall be unlawful. History: 1953 Comp., § 50-20-11, enacted by Laws 197…

The Pyramid Promotional Schemes Act neither enlarges nor diminishes the rights of parties in private litigation. History: 1953 Comp., § 50-20-12, enacted by Laws 1973, ch. 377, § 12; 1987, ch. 100, § 11.

In order to promote the uniform administration of the Pyramid Promotional Schemes 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 do…

The Pyramid Promotional Schemes 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 actual knowledge of its being…

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 Pyramid Promotional Schemes Act to be unlawful, and whenever the attorney general has reasonable belief that any such person is abo…

The court may require any such person to post a ne exeat bond conditioned on such person's appearance at all hearings on the matter at issue. History: 1953 Comp., § 50-20-16, enacted by Laws 1973, ch. 377, § 16.

No such person shall be incarcerated for failure to post said ne exeat bond for longer than seventy-two 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 …

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 Co…

As used in the Pyramid Promotional Schemes Act: A. "compensation" includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon payment; B. "consideration" means the pa…

A. A person shall not establish, operate, advertise or promote a pyramid promotional scheme. B. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan o…

A. Whenever the attorney general has reasonable belief that any person is using, has used or is about to use any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful and that proceedings would be in the public interest, he may bring an a…

A. In lieu of beginning or continuing an action pursuant to the Pyramid Promotional Schemes Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of that act from the person who has engaged in the unlawful practice. The attorney g…

A. A person likely to be damaged by any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damag…

Any person violating the Pyramid Promotional Schemes Act shall be deemed guilty of a fourth degree felony and shall be sentenced to a term of imprisonment pursuant to the provisions of Subsections A through C of Section 31-18-15 NMSA 1978 or fined not less than one thousand dolla…

A. All civil penalties collected under Section 57-13-4 NMSA 1978 shall be deposited in the state treasury in a fund to be designated as the "Pyramid Promotional Schemes Act restitution fund", which fund is hereby established and which shall be administered by the attorney general…

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 doc…

This act [57-14-1 to 57-14-9 NMSA 1978] may be cited as the "Price Discrimination Act". History: 1953 Comp., § 49-11-1, enacted by Laws 1961, ch. 229, § 1.

As used in the Price Discrimination Act: A. "person" means an individual, partnership, association, corporation, joint-stock company or business trust; B. "price" means the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed…

A. It is unlawful for any person engaged in commerce, either directly or indirectly, intentionally, for the purpose of destroying competition or eliminating a competitor, to: (1) discriminate in price between different purchasers of commodities of like grade and quality; or (2) d…

It is a defense to any action under this act [57-14-1 to 57-14-9 NMSA 1978] to show that the seller's lower price, payment or furnishing of services or facilities to any purchaser, was made in good faith to meet equally low prices of a competitor or the services or facilities fur…

It is unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, ware…

It is unlawful for any person engaged in commerce: A. to pay or contract for payment of anything of value to or for the benefit of a customer as compensation for any services or facilities furnished by or through the customer in connection with the processing, handling, sale or o…

Nothing in the Price Discrimination Act prevents a cooperative association from returning to its members, producers or consumers the whole or any part of the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or throu…

A. Any person injured by any violation, or who will be injured from any threatened violation of the Price Discrimination Act may maintain an action in the district court to enjoin the violation or threatened violation. If a violation or threatened violation is established, the co…

Any express or implied contract made by any person in violation of the Price Discrimination Act is an illegal contract and no action for enforcement shall be maintained in any court in this state. History: 1953 Comp., § 49-11-9, enacted by Laws 1961, ch. 229, § 9.

False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful. History: 1953 Comp., § 49-12-1, enacted by Laws 1965, ch. 79, § 1.

Nothing in this article [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978] shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine or other form of printed advertising who broadcasts, publishes or prints such advert…

The term false advertising means advertising, including labeling, which is misleading in any material respect; and in determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design…