0001| HOUSE BILL 899
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| W. C. "DUB" WILLIAMS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO UNFAIR TRADE PRACTICES; AMENDING A SECTION OF THE
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0012| NMSA 1978 TO MAKE THE DECEPTIVE USE OF LOCALE NAMES AN UNFAIR
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0013| TRADE PRACTICE.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 57-12-2 NMSA 1978 (being Laws 1967,
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0017| Chapter 268, Section 2, as amended) is amended to read:
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0018| "57-12-2. DEFINITIONS.--As used in the Unfair Practices
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0019| Act:
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0020| A. "person" includes, where applicable, natural
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0021| persons, corporations, trusts, partnerships, associations,
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0022| cooperative associations, clubs, companies, firms, joint
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0023| ventures or syndicates;
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0024| B. "seller-initiated telephone sale" means a sale,
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0025| lease or rental of goods or services in which the seller or his
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0001| representative solicits the sale by telephoning the prospective
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0002| purchaser and in which the sale is consummated entirely by
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0003| telephone or mail, but does not include a transaction:
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0004| (1) in which a person solicits a sale from a
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0005| prospective purchaser who has previously made an authorized
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0006| purchase from the seller's business; or
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0007| (2) in which the purchaser is accorded the
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0008| right of rescission by the provisions of the Consumer Credit
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0009| Protection Act, 15 U.S.C. 1635 or regulations issued pursuant
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0010| thereto;
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0011| C. "trade" or "commerce" includes the advertising,
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0012| offering for sale, sale or distribution of any services and any
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0013| property and any other article, commodity or thing of value,
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0014| including any trade or commerce directly or indirectly
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0015| affecting the people of this state;
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0016| D. "unfair or deceptive trade practice" means any
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0017| false or misleading oral or written statement, visual
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0018| description or other representation of any kind knowingly made
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0019| in connection with the sale, lease, rental or loan of goods or
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0020| services or in the extension of credit or in the collection
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0021| of debts by any person in the regular course of his trade or
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0022| commerce, which may, tends to or does deceive or mislead any
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0023| person and includes but is not limited to:
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0024| (1) representing goods or services as those of
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0025| another when the goods or services are not the goods or
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0001| services of another;
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0002| (2) causing confusion or misunderstanding as
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0003| to the source, sponsorship, approval or certification of goods
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0004| or services;
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0005| (3) causing confusion or misunderstanding as
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0006| to affiliation, connection or association with or certification
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0007| by another;
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0008| (4) using deceptive representations or
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0009| designations of geographic origin in connection with goods or
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0010| services;
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0011| (5) representing that goods or services have
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0012| sponsorship, approval, characteristics, ingredients, uses,
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0013| benefits or quantities that they do not have or that a person
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0014| has a sponsorship, approval, status, affiliation or connection
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0015| that he does not have;
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0016| (6) representing that goods are original or
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0017| new if they are deteriorated, altered, reconditioned,
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0018| reclaimed, used or secondhand;
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0019| (7) representing that goods or services are of
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0020| a particular standard, quality or grade or that goods are of a
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0021| particular style or model if they are of another;
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0022| (8) disparaging the goods, services or
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0023| business of another by false or misleading representations;
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0024| (9) offering goods or services with intent not
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0025| to supply them in the quantity requested by the prospective
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0001| buyer to the extent of the stock available, unless the
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0002| purchaser is purchasing for resale;
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0003| (10) offering goods or services with intent
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0004| not to supply reasonable expectable public demand;
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0005| (11) making false or misleading statements of
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0006| fact concerning the price of goods or services, the prices of
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0007| competitors or one's own price at a past or future time or the
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0008| reasons for, existence of or amounts of price reduction;
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0009| (12) making false or misleading statements of
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0010| fact for the purpose of obtaining appointments for the
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0011| demonstration, exhibition or other sales presentation of goods
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0012| or services;
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0013| (13) packaging goods for sale in a container
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0014| that bears a trademark or trade name identified with goods
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0015| formerly packaged in the container, without authorization,
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0016| unless the container is labeled or marked to disclaim a
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0017| connection between the contents and the trademark or trade
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0018| name;
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0019| (14) using exaggeration, innuendo or ambiguity
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0020| as to a material fact or failing to state a material fact if
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0021| doing so deceives or tends to deceive;
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0022| (15) stating that a transaction involves
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0023| rights, remedies or obligations that it does not involve;
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0024| (16) stating that services, replacements or
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0025| repairs are needed if they are not needed; [or]
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0001| (17) failure to deliver the quality or
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0002| quantity
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0003| of goods or services contracted for; [and] or
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0004| (18) representing an actual physical presence
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0005| in a locale by the use of a locale name in an advertised name,
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0006| intending to mislead others to believe that the advertiser is
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0007| physically located in the locale named. For purposes of this
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0008| paragraph, "advertised name" includes telephone directory
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0009| listings and assistance service; and
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0010| E. "unconscionable trade practice" means any act or
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0011| practice in connection with the sale, lease, rental or loan, or
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0012| in connection with the offering for sale, lease, rental or
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0013| loan, of any goods or services or in the extension of credit or
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0014| in the collection of debts which to a person's detriment:
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0015| (1) takes advantage of the lack of knowledge,
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0016| ability, experience or capacity of a person to a grossly unfair
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0017| degree; or
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0018| (2) results in a gross disparity between the
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0019| value received by a person and the price paid."
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| February 27, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0008| has been referred
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0009|
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0010| HOUSE BILL 899
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, and thence referred to the
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0014| JUDICIARY COMMITTEE.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| Fred Luna, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 7 For 0 Against
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0007| Yes: 7
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0008| Excused: Alwin, Kissner, Lutz, Olguin, Varela
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0009| Absent: Getty
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H0899
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