HOUSE MEMORIAL 24

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Bill McCamley

A MEMORIAL

REQUESTING THE ATTORNEY GENERAL AND THE PUBLIC REGULATION COMMISSION TO STUDY WAYS IN WHICH THE STATE CAN HELP PROTECT RESIDENTS FROM TELEMARKETING DECEPTION AND ABUSE.

     WHEREAS, in 1994, the United States congress enacted the federal Telemarketing and Consumer Fraud and Abuse Prevention Act in an effort to provide consumers with protection from telemarketing deception and abuse; and

     WHEREAS, in 2003, the United States congress enacted the federal Do-Not-Call Implementation Act authorizing the federal trade commission to implement and enforce a national do-not-call registry, and the federal trade commission opened the national do-not-call registry; and

     WHEREAS, in 2010, the federal trade commission promulgated rules to implement the federal Telemarketing and Consumer Fraud and Abuse Prevention Act through the regulation of telemarketing sales, including deceptive and abusive telemarketing practices; and

     WHEREAS, pursuant to the federal Telemarketing and Consumer Fraud and Abuse Prevention Act, state attorneys general and other authorized state officers can conduct investigations and initiate civil proceedings in federal district court to enjoin telemarketing practices that violate rules promulgated by the federal trade commission and to obtain damages and restitution on behalf of state residents; and

     WHEREAS, residents of New Mexico continue to experience deceptive and abusive telemarketing practices;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the attorney general be requested to study what actions the office of the attorney general can take to enforce the provisions of the federal Telemarketing and Consumer Fraud and Abuse Prevention Act and related regulations and to make recommendations regarding state legislation to further protect New Mexico residents from deceptive and abusive telemarketing practices; and

     BE IT FURTHER RESOLVED that the public regulation commission be requested to study what actions the public regulation commission can take to enforce the provisions of the federal Telemarketing and Consumer Fraud and Abuse Prevention Act and related regulations and to make recommendations regarding state legislation to further protect New Mexico residents from deceptive and abusive telemarketing practices; and

     BE IT FURTHER RESOLVED that the attorney general and the public regulation commission report their findings and recommendations to the appropriate interim legislative committees by no later than September 1, 2015; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general and to the members and chief of staff of the public regulation commission.

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