HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 175

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO HIGHER EDUCATION; PROHIBITING POST-SECONDARY EDUCATIONAL INSTITUTIONS IN NEW MEXICO FROM SELLING STUDENT LISTS TO FINANCIAL INSTITUTIONS; PROVIDING FOR CIVIL LIABILITY.

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

     Section 1. SALE OF STUDENT INFORMATION--MARKETING CREDIT CARDS TO STUDENTS--PROHIBITED PRACTICES.--

          A. No public or private post-secondary educational institution, including its agents, its employees, its student or alumni organizations or its affiliates, shall:

                (1) sell, give or otherwise transfer to any card issuer the name, address, social security number, date of birth, telephone number or other contact or personal identifying information of an undergraduate student at the post-secondary educational institution without the student's consent; or

                (2) enter into any agreement to market credit cards to undergraduate students at the post-secondary educational institution that would provide the names, addresses, social security numbers, dates of birth, telephone numbers or other contact or personal identifying information of the undergraduate students.

          B. A person whose contact information was sold, given or transferred in violation of this section or the attorney general may bring a civil action and seek a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation plus costs of the action and reasonable attorney fees.

          C. For purposes of this section, "credit card" and "card issuer" have the meanings given them in the federal Truth in Lending Act.

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