HOUSE BILL 424
54th legislature - STATE OF NEW MEXICO - first session, 2019
RELATING TO UNFAIR PRACTICES; EXPANDING THE RESTRICTIONS ON TELEPHONE SOLICITATIONS TO INCLUDE WIRELESS AND VOICE OVER INTERNET PROTOCOL VOICE SERVICES; MAKING TECHNICAL AND CONFORMING CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 57-12-22 NMSA 1978 (being Laws 1989, Chapter 309, Section 2, as amended) is amended to read:
"57-12-22. TELEPHONE SOLICITATION SALES--AUTOMATED TELEPHONE DIALING SYSTEMS FOR SALES RESTRICTED--DISCLOSURE AND OTHER REQUIREMENTS ESTABLISHED FOR AUTHORIZED TELEPHONE SOLICITATION SALES--PROHIBITED TELEPHONE SOLICITATION.--
A. A person shall not utilize an automated telephone dialing or push-button or tone-activated address signaling system with a prerecorded message to solicit persons to purchase goods or services unless there is an established business relationship between the persons and the person being called consents to hear the prerecorded message.
B. It is unlawful under the Unfair Practices Act for a person to make a telephone solicitation for a purchase of goods or services:
(1) without disclosing within fifteen seconds of the time the person being called answers the name of the sponsor and the primary purpose of the contact;
(2) that misrepresents the primary purpose of a telephone solicitation of a residential subscriber as a "courtesy call", a "public service information call" or some other euphemism;
(3) under the guise of research or a survey when the real intent is to sell goods or services;
(4) without disclosing, prior to commitments by customers, the cost of the goods or services, all terms, conditions, payment plans and the amount or existence of any extra charges such as shipping and handling;
(5) that are received before 9:00 a.m. or after 9:00 p.m.;
(6) using automatic dialing equipment unless the telephone immediately [releases the line] discontinues the call when the called party disconnects;
(7) using automatic dialing equipment that dials and engages the telephone numbers of more than one person at a time but allows the possibility of a called person not being connected to the calling person for some period not exceeding that established by the federal trade commission at 16 C.F.R. Sections 310(b)(1)(iv) and 310.4(b)(4); and
(8) in which credit card numbers are requested before the prospective purchaser expresses a desire to use a credit card to pay for the purchase.
C. It is unlawful for a person to:
(1) make a telephone solicitation of a [residential subscriber] person whose telephone number has been on the national do-not-call registry, established by the federal trade commission, for at least three months prior to the date the call is made; or
(2) use a method to block or otherwise intentionally circumvent a [residential subscriber's] person's use of a caller identification service [pursuant to the Consumer No-Call Act].
D. As used in this section:
(1) "established business relationship" means a relationship that:
(a) was formed, prior to a telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a [residential subscriber] person, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement or commercial transaction between the parties regarding products or services offered by the seller or telephone solicitor; and
(b) currently exists or has existed within the immediately preceding twelve months;
[(2) "local exchange company" means a telecommunications company that provides the transmission of two-way interactive switched voice communications within a local exchange area;
(3) "residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or the other persons living or residing with such person;] and
[(4)] (2) "telephone solicitation" means [a voice or telefacsimile communication over a telephone line] the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods or services and includes a communication described in this subsection through the use of automatic dialing and recorded message equipment or by other means, but "telephone solicitation" does not include a communication:
(a) to a [residential subscriber] person with that [subscriber's] person's prior express [invitation or permission] written permission, invitation or consent;
(b) by or on behalf of a person with whom [a residential subscriber] the telephone call or message recipient has an established business relationship;
(c) made for the sole purpose of urging support for or opposition to a political candidate or ballot issue;
(d) made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes; or
(e) by a person who is a duly licensed real estate broker pursuant to Section 61-29-11 NMSA 1978, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which [he or she] the person is licensed and not in conjunction with any other offer."
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