HOUSE BILL 1268

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Al Park

AN ACT

RELATING TO TRADE PRACTICES; PROVIDING FOR DISCLOSURE OF MATERIAL FACTS OR PRESCRIBED CONDITIONS OF USE OF AN ADVERTISED PRODUCT OR SERVICE BY THE INTERNET OR TOLL-FREE TELEPHONE NUMBER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Unfair Practices Act is enacted to read:

     "[NEW MATERIAL] DISCLOSURE OF MATERIAL FACT OR PRESCRIBED CONDITION OF A PRODUCT OR SERVICE.--A seller may disclose a material fact or prescribed condition of the use of an advertised product or service by internet web site or by toll-free telephone number."

     Section 2. Section 57-15-2 NMSA 1978 (being Laws 1965, Chapter 79, Section 2, as amended) is amended to read:

     "57-15-2. FALSE ADVERTISING DEFINED.--[The term]

          A. "False advertising" means advertising, including labeling, [which] that 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, device, sound or any combination thereof but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity to which the advertising relates under the conditions prescribed in [said] the advertisement, or under such conditions as are customary or usual.

          B. Material facts and prescribed conditions relative to an advertisement shall be disclosed in the advertisement, either in full or through the provision of an internet web site address or a toll-free telephone number in the advertisement."

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