44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO UNFAIR TRADE PRACTICES; PROVIDING THAT THE USE OF SWEEPSTAKES AS A TOOL IN THE SOLICITATION OF SUBSCRIPTIONS OR OTHER PROPERTY THROUGH THE MAIL IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE PURSUANT TO THE UNFAIR PRACTICES ACT.

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] SWEEPSTAKES AS SELLING TOOL PROHIBITED.--A solicitation through the mail offering to sell anything of value, including a subscription to a newspaper, magazine or other periodical, is an unfair or deceptive trade practice if the solicitation is accompanied by an entry form or other document evidencing that the recipient, by returning the entry form or other document, will be entered in, and eligible to win, a sweepstakes. As used in this section, "sweepstakes" means an event wherein the entrants are given an opportunity to win a prize, the award of which is determined by chance."