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NM HB61

NM HB61
Unfair Practices Act Changes


summary

Introduced
01/21/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

AN ACT RELATING TO CONSUMER PROTECTION; AMENDING DEFINITIONS IN THE UNFAIR PRACTICES ACT; INCREASING THE CIVIL PENALTY FOR VIOLATIONS TO THAT ACT.

AI Summary

This bill amends the Unfair Practices Act by expanding and clarifying definitions related to trade, commerce, and consumer protection. The bill broadens the definition of "trade" or "commerce" to include more comprehensive language about sales, leases, rentals, services, and credit transactions, and specifically adds professional services to this definition. It also expands the definition of "unfair or deceptive trade practice" to include additional methods of unfair competition and deceptive acts, such as misrepresenting goods or services, causing consumer confusion, and offering services with no intent to supply them. Additionally, the bill significantly increases the civil penalties that can be imposed for violations, raising the maximum penalty from $5,000 to $10,000 per violation, with an additional potential penalty of up to $25,000 per violation if the unfair practice occurs during a declared disaster or state of emergency. The bill also allows the attorney general to recover investigation and enforcement costs when civil liability is imposed, providing stronger consumer protection mechanisms and more significant deterrents against unfair business practices.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

HJC: Reported by committee with Do Pass recommendation (on 03/06/2025)

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