SB 318 — FIREARMS IN UNFAIR PRACTICES ACT

"onlinebut marketplace"does meansnot include any person, businessd orm other: entity that hosts, publishes or operates an electronically accessed platform that facilitates or enables third-party sellers to transact or engage in the sale, purchase, payment, storage, shipping or delivery of goods or services in New Mexico;

b r e t 17º [A.]o G.t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 4 - e a n e d r e l u [ A d business or other entity that only offers classified advertisements»HJC ;

"person"[A.] means,G. where applicable, natural w l n d 18 persons, corporations, trusts, partnerships, associations, = = 19 a l cooperative associations, clubs, companies, firms, joint i a e r 20 ventures or syndicates;

a"person" tmeans, mwhere mapplicable, 21natural H.persons, corporations, trusts, partnerships, associations, cooperative associations, clubs, companies, firms, joint ventures or syndicates;

"seller"H. means any person, business or other d r e 22 entity that sells or offers to sell any products or services in c e s k 23 New Mexico or for delivery to New Mexico;

e"seller" ameans nany bperson, 24business [B.]or I.other entity that sells or offers to sell any products or services in New Mexico or for delivery to New Mexico;

"seller-initiated[B.] telephoneI. or internet u [ sale" means a sale, lease or rental of goods or services in .230437.1 - 4 - which the seller or the seller's representative solicits the sale by telephoning, [the] electronic mailing, internet marketing, soliciting through a website or computer program or application a prospective purchaser and in which the sale is consummated entirely by telephone, [or] mail, [but does not include a transaction:

(1)"seller-initiated telephone or internet sale" means a sale, lease or rental of goods or services in which athe personseller or the seller's representative solicits athe sale fromby telephoning, [the ] electronic mailing, internet marketing, soliciting through a website or computer program or application a prospective purchaser whoand hasin previouslywhich madethe ansale authorizedis purchaseconsummated fromentirely theby seller'stelephone, business;[or ] mail, [but does not h include a transaction:

oru (2)» r (1) in which thea purchaserperson issolicits accordeda thesale rightfrom ofa rescissiont byh theg provisionse ofl thei federalprospective Consumerpurchaser Creditwho Protectionhas Act,previously 15made U.S.C.an authorized h r i s purchase from the seller's business;

1635, or regulationsh issued, pursuante thereto]h electronic(2) mailin orwhich otherthe onlinepurchaser communication;is accorded the t u g e b l e e , gh right of rescission by the provisions of the federal Consumer n d d i = = o h Credit Protection Act, 15 U.S.C.

J.1635, or regulations issued l ] b ,d i a º r pursuant thereto] electronic mail or other online e r = t e w d m a n o communication;

"third-party seller" means any seller, independent of an online marketplace, that sells, offers to e t 17 sell or contracts to sell a consumer product in New Mexico w l n d 18m through: an online marketplace;

=b r e t º o t n = 19.230437.1AIC March 21, 2025 (11:29am) s k m e - 5 - e a n e d r e l [C.]u K.[ A d J.

"trade""third-party orseller" "commerce"means includesany theseller, iindependent aof ean ronline 20marketplace, manufacturing,that advertising,sells, offeringoffers forto salesell or distribution,contracts ato tsell ma mconsumer 21product [ofin any]New distributionMexico orthrough deliveryan ofonline anymarketplace; goods, products, d r e 22 services [and any], property and any other article, commodity c e s k 23 or thing of value, including:

e[C.] aK. n b 24 (1) any trade or commerce [directly or u [ indirectly affecting the people of this state] with a person in .230437.1 - 5 - New Mexico or to a location within this state;

or"trade" (2) any trade or commerce"commerce" byincludes athe person,manufacturing business, oradvertising, otheroffering entity that systematically serves a market in New Mexico for thesale same or similardistribution, goods[of or services at issue in any action] broughtdistribution in this state whether or notdelivery theof specificany goodsgoods, andproducts, services were[and purchasedany in], Newproperty Mexico,and whichany shallother bearticle, deemed,commodity toor thething maximum extent permitted under the doctrine of interstatevalue, federalism,including: to create specific jurisdiction against a person, business or other entity that has:

(a)(1) enjoyedany thetrade benefitsor andcommerce protection[directly ofor indirectly affecting the lawspeople of this state] with a person in New Mexico;Mexico or to a location within this state;

(b)or benefited(2) fromany trade or commerce by a person, business or other entity that systematically serves a market in New Mexico for the abilitysame toor enforcesimilar contracts,goods defendor propertyservices at issue in any action brought in this state whether or formnot effectivethe marketsspecific h goods and services were purchased in New Mexico;Mexico, which shall be g o t hr deemed, to the maximum extent permitted under the doctrine of g e i k interstate federalism, to create specific jurisdiction against h r i s a person, business or other entity that has:

orh (c), soldt, or(a) otherwiseenjoyed placedthe abenefits productand ofprotection goodse intou theg nationale marketb orl e e h of the streamlaws of commerce;New Mexico;

n d d i = = o h (b) benefited from the ability to l ] b ,d i a º e enforce contracts, defend property or form effective markets in r i = r t 17e [D.]w L.d m a n o New Mexico;

"unfair or deceptive trade practice" means w l n d 18 an act specifically declared unlawful pursuant to the Unfair = = 19 a l Practices Act, a false or misleading oral or written statement, i a e r 20 visual description or other representation of any kind a t m m: 21 knowingly made in connection with the sale, lease, rental or d r e 22 loan of goods or services or in the extension of credit or in c e s k 23 the collection of debts by a person in the regular course of e a n b 24 the person's trade or commerce, that may, tends to or does u [ deceive or mislead any person and includes:

.230437.1b e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 6 - (1)e representinga goodsn ore servicesd asr thosee ofl anotheru when[ theA goodsd (c) sold or servicesotherwise areplaced nota theproduct HJCºof»HJC HJCºor»HJC goods into the national market or servicesthe stream of another;commerce;

(2)[D.] representingL. goods or services as legal to purchase under the laws of New Mexico or the United States when the goods or services are not legal to purchase under the laws of New Mexico or the United States.

No"unfair actionor shalldeceptive betrade maintainedpractice" means an act specifically declared unlawful pursuant to thisthe sectionUnfair basedPractices uponAct, representationsa false or activitiesmisleading authorizedoral underor written statement, visual description or other representation of any kind knowingly made in connection with the Lynnsale, andlease, Erinrental Compassionateor Useloan Actof goods or services or in the Cannabisextension Regulationof Act;credit or in the collection of debts by a person in the regular course of the person's trade or commerce, that may, tends to or does deceive or mislead any person and includes:

[(2)](1) (3)representing causinggoods confusion or misunderstandingservices as tothose theof source,another sponsorship,when approvalthe goods or certificationservices ofare not the goods or services;services of another;

[(3)](2) (4)representing causinggoods confusion or misunderstandingservices as legal to affiliation,h connectionpurchase under the laws of New Mexico or associationthe withUnited States when u » r the goods or certificationservices byare another;not legal to purchase under the laws t h g e l i of New Mexico or the United States.

eNo taction 17shall [(4)]be (5)h usingr deceptivei s maintained pursuant to this section based upon representations h , e h or wactivities lauthorized nunder dthe 18Lynn designationsand ofErin geographicCompassionate origint inu connectiong withe goodsb orl =e =e 19, agh lUse services;Act or the Cannabis Regulation Act;

in ad ed ri 20= [(5)]= (6)o representingh that[(2)] goods(3) orcausing servicesconfusion aor tl m] mb 21,d havei sponsorship,a approval,º characteristics, ingredients, uses, d r emisunderstanding 22as benefitsto orthe quantitiessource, thatsponsorship, theyapproval do not have or thate ar person= ct e sw kd 23m has a sponsorship, approval, status, affiliation or connection e a n bo 24certification thatof thegoods personor doesservices; not have;

ud [m [(6)]: (7) representing that goods are original .230437.1 - 7 - or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

[(7)]b (8)r representinge thatt goodsº oro servicest aren of= a.230437.1AIC particularMarch standard,21, quality2025 or(11:29am) grade,s [or]k thatm thee goods- meet7 the- warrantye ofa merchantabilityn ore ared fitr fore al particularu purpose[ A d [(3)] (4) causing confusion or aremisunderstanding ofas ato particularaffiliation, styleconnection or modelassociation ifwith theyor arecertification ofby another;

[(8)][(4)] (9)(5) disparagingusing thedeceptive goods,representations services or businessdesignations of anothergeographic byorigin falsein orconnection misleadingwith representations;goods or services;

[(9)][(5)] (10)(6) offeringrepresenting that goods or services withhave intentsponsorship, notapproval, tocharacteristics, supplyingredients, themuses, inbenefits theor quantityquantities requestedthat bythey thedo prospectivenot buyerhave toor thethat extenta ofperson thehas stocka available,sponsorship, unlessapproval, thestatus, purchaseraffiliation isor purchasingconnection forthat resale;the person does not have;

[(10)][(6)] (11)(7) offeringrepresenting that goods are original or servicesnew withif intentthey notare todeteriorated, supplyaltered, reasonablereconditioned, expectablereclaimed, publicused demand;or secondhand;

[(11)][(7)] (12)(8) makingrepresenting falsethat goods or misleadingservices eare t 17 statements of facta concerningparticular thestandard, pricequality ofor goodsgrade, or[or services,] wthat lthe nh dgoods 18meet the priceswarranty of competitorsmerchantability or one'sare ownfit pricefor at a pastg oro =t =hr 19particular apurpose l future time or theare reasonsof for,a existenceparticular ofstyle or amountsmodel ofif ig a e ri 20k pricethey reduction;are of another;

ah t m m 21 [(12)] (13) making false or misleading d r ei 22 statements of fact for the purpose of obtaining appointments c e s k[(8)] 23(9) fordisparaging the demonstration,goods, exhibitionservices or otherh sales, presentationt, ebusiness aof nanother bby 24false of goods or services;misleading representations;

e u [g [(13)]e (14)b packagingl goodse fore saleh in[(9)] a(10) .230437.1offering -goods 8or -services containerwith thatn bearsd ad trademarki or= trade= nameo identifiedh withintent goodsnot formerlyto packagedsupply them in the container,quantity withoutrequested authorization,by unless the containerl is] labeledb or,d markedi toa disclaimº ae connectionprospective betweenbuyer to the contentsextent andof the trademarkstock oravailable, tradeunless name;r i = r t e w d m a n o the purchaser is purchasing for resale;

[(14)]d (15)m using: exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if doing so deceives or tends to deceive;

[(15)]b (16)e statingd thats º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 8 - e a transactionn involvese rights,d remediesr ore obligationsl thatu it[ doesA d [(10)] (11) offering goods or services with intent not involve;to supply reasonable expectable public demand;

[(16)][(11)] (17)(12) statingmaking thatfalse or misleading statements of fact concerning the price of goods or services, replacementsthe prices of competitors or repairsone's areown neededprice ifat theya arepast notor needed;future time or the reasons for, existence of or amounts of price reduction;

[(17)][(12)] (18)(13) failingmaking tofalse deliveror misleading statements of fact for the qualitypurpose of obtaining appointments for the demonstration, exhibition or quantityother sales presentation of goods or servicesservices; contracted for;

[(18)][(13)] (19)(14) violatingpackaging goods for sale in a container that bears a trademark or trade name identified with goods formerly packaged in the Tobaccocontainer, Escrowwithout Fundauthorization, eunless tthe 17container Act;is labeled or marked to disclaim a connection between the contents and the trademark or h trade name;

[or]g wo lt nhr d[(14)] 18(15) [(19)]using (20)exaggeration, offeringinnuendo or providingg unpostede ori =k =ambiguity 19as to a lmaterial unadvertisedfact pricing or servicefailing basedto onstate thea buyer'smaterial genderh orr i as efact rif 20doing perceivedso genderdeceives identity;or tends to deceive;

provided,h however,, thatt, this[(15)] a(16) tstating mthat ma 21transaction provisione doesu notg applye tob personsl regulatede bye theh officeinvolves ofrights, dremedies ror eobligations 22that superintendentit ofdoes insurancenot pursuantn tod thed Newi Mexico= c= eo sh kinvolve; 23 Insurance Code;

[and]l or] e a n b 24,d (21)i knowinglya manufacturing,º advertising,e u[(16)] [(17) distributingstating orthat offeringservices, forr salei a= firearm,r destructivet .230437.1e -w 9d -m device,a firearmn parto replacements or firearmrepairs accessoryare contraryneeded toif thethey lawsare ofnot Newneeded; Mexico or the United States;

d m :

b e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 9 - e a n e d r e l u [ A d [(17)] (18) failing to deliver the quality or quantity of goods or services contracted for;

[(18)] (19) violating the Tobacco Escrow Fund Act;

[or] [(19)] (20) offering or providing unposted or unadvertised pricing or service based on the buyer's gender or perceived gender identity;

provided, however, that this provision does not apply to persons regulated by the office of superintendent of insurance pursuant to the New Mexico Insurance Code;

[and ] or (21) knowingly manufacturing, advertising, distributing or offering for sale a firearm, destructive device, firearm part or firearm accessory contrary to the laws of New Mexico or the United States;

"unconscionable trade practice" means an act or practice in connection with the sale, lease, rental or h loan, or in connection with the offering for sale, lease, g o t hr rental or loan, of any goods or services, including goods or g e i k services offered for sale by an online marketplace whether h r i s directly or by a third-party seller, and including services h , t, provided by licensed professionals, or in the extension of e u g e b l e e h credit or in the collection of debts that to a person's n d d i = = o h detriment:

l ] b ,d i a º e (1) takes advantage of the lack of knowledge, r i = r t e w d m a n o ability, experience or capacity of a person to a grossly unfair degree;d m :

b e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 10 - e a n e d r e l u [ A d degree;

or e t 17 (3) violates state or federal law." wSfl1ºSECTION l n d 18 SECTION 3.

Section 57-12-3.1 NMSA 1978 (being Laws 1991, = = 19 a l Chapter 28, Section 1) is amended to read:

i a e r 20 "57-12-3.1.

UNAUTHORIZED USE OF DELIVERY CONTAINER a t m m 21 PROHIBITED.-- d r e 22 A.

It [shall be] is an unlawful practice within the c e s k 23 meaning of the Unfair Practices Act for any person to:

e a n b 24 (1) remove [the] an owner's container from the u [ owner's or a recipient's premises or parking area without the .230437.1 - 10 - permission of the owner or recipient;

(2) possess or use [the] an owner's container if it has been removed from the owner's or recipient's premises or parking area without the permission of the owner or h g recipient;

o t hr (3) alter, convert, destroy or tamper with g e i k [the] an owner's container without permission of the owner or h r i s h recipient;

or , t, e u g (4) sell [the] an owner's container to or e b l e e h purchase [the] an owner's container from someone other than the n d d i = = o h l ] b ,d owner without the permission of the owner.

i a º e r i = r B.

(1)t "bakerye rack"w meansd am metal frame that holds bakery trays or other bakery products and that is used by a bakery,n distributoro ord retailerm or: its agent as a means to transport, store or carry bakery products;

b e d s º o t 17n (2)= "bakery.230437.1AIC tray"March means21, 2025 (11:29am) s k m e - 11 - e a wiren ore plasticd wr e l nu [ A d 18(1) receptacle"bakery rack" means a metal frame that holds bread,bakery bunstrays or other bakedbakery goodsproducts and that = = 19 a l is used by a bakery, distributor or retailer or its agent as a i a e r 20 means to transport, store or carry bakery products;

(2) "bakery tray" means a twire mor mplastic 21receptacle (3)that "owner'sholds container"bread, meansbuns aor bakeryother rack,baked dgoods rand ethat 22is bakeryused tray,by dairya case,bakery, eggdistributor basket,or poultryretailer box,or shoppingits cartagent cas ea smeans kto 23transport, store or pallet;carry bakery products;

e(3) a"owner's ncontainer" b 24 (4) "dairy case" means a plasticbakery receptaclerack, ubakery [tray, thatdairy holdscase, sixteenegg quartsbasket, orpoultry morebox, ofshopping beveragecart and that is used .230437.1 - 11 - by a dairy, distributor or retailerpallet; or its agent as a means to transport, store or carry dairy products;

(5)(4) "pallet""dairy case" means a woodenplastic receptacle that holds sixteen quarts or plasticmore baseof beverage and that allowsis stacksused ofby merchandisea todairy, bedistributor placedor uponretailer itor andits thatagent providesas a spacemeans andto supporttransport, beneathstore theor stackcarry fordairy forkliftproducts; handling;

(6)(5) "parking"pallet" area" means a lotwooden or otherplastic propertybase providedh bythat aallows recipientstacks forof themerchandise useto ofbe itsplaced customersupon toit parkand vehiclesthat whileu at» r t h provides a space and support beneath the recipient'sstack establishment;for forklift g e l i handling;

(7)h "poultryr box"i s (6) "parking area" means a permanentlot typeor ofother containerh that, ise usedh t u g property provided by a processor,recipient distributor,for retailerthe oruse foodof serviceits establishmentcustomers ore anb agentl ofe onee of, thosegh persons to transport,park storevehicles orwhile carryat poultry;the recipient's establishment;

n d d i = = o h l ] b ,d (7) "poultry box" means a permanent type of i a º r e r = container that is used by a processor, distributor, retailer or t e w d m a n o d m :

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 12 - e a n e d r e l u [ A d food service establishment or an agent of one of those persons to transport, store or carry poultry;

and e t 17 (9) "shopping cart" means a basket that is w l n d 18 mounted on wheels, or a similar device, that is generally used = = 19 a l in a retail establishment by a customer to transport goods of i a e r 20 any kind.

a t m m 21 C.

No civil action shall be maintained pursuant to d r e 22 this section against any person who returns to its owner within c e s k 23 sixty days after the effective date of this section a container ethat awas nunlawfully bobtained."»Sfl1 24SECTION thatSfl1º4.»Sfl1 wasSfl1º3.»Sfl1 unlawfullySection obtained."57-12-7 uNMSA [(being SECTIONLaws 4.1967, Chapter 268, Section 6, as amended) is amended to read:

Sectionh 57-12-7"57-12-7. NMSA 1978 (being Laws 1967, .230437.1 - 12 - Chapter 268, Section 6, as amended) is amended to read:

"57-12-7.EXEMPTIONS.--Nothing in the Unfair Practices u » r t h Act shall apply to actions or transactions:

EXEMPTIONS.--Nothingg ine thel Unfairi PracticesA. Act shall apply to actions or transactions:

A.expressly permitted [under laws administered] by h r i s the laws of the United States or New Mexico or by a regulatory h , e h t u g body of New Mexico or the United States;

expressly[but permittedall [underactions lawsor administered]e b l e e , gh transactions forbidden by the lawsregulatory ofbody, theand Unitedabout Stateswhich orn Newd Mexicod ori by= a= o h the regulatory body ofremains Newsilent, Mexicoare orsubject to the UnitedUnfair States;l ] b ,d i a º r e r = Practices Act] t e w d m a n o B.

[butfor all actions or transactions forbidden by the regulatory body, and about which thea regulatoryperson, bodybusiness remainsor silent,other areentity subjectis tod them Unfair: Practices Act] B.

forb whichr e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 13 - e a person,n businesse ord otherr entitye isl u [ A d immune from suit under the laws of the United States or New Mexico or by a regulatory body of New Mexico or the United States;

e t 17 (1) proximate cause resulting in harm;

or w l n d 18 (2) establishing that the actions or = = 19 a l transactions giving rise to claims made pursuant to the Unfair i a e r 20 Practices Act occurred, in whole or in part, inside New aMexico." tSECTION mSfl1º m5.»Sfl1 21Sfl1º4.»Sfl1 Mexico."Section d57-12-8 rNMSA e(being 22Laws SECTION1967, 5.Chapter 268, Section 7, as amended) is amended to read:

Section"57-12-8. 57-12-8 NMSA 1978 (being Laws 1967, c e s k 23 Chapter 268, Section 7, as amended) is amended to read:

eRESTRAINT aOF nPROHIBITED bACTS--REMEDIES 24FOR "57-12-8.VIOLATIONS.-- h A.

RESTRAINTWhenever OFthe PROHIBITEDattorney ACTS--REMEDIESgeneral FORhas reasonable g o t hr belief that [any] a person is using, has used or is about to g e i k use any method, act or practice [which ] that is declared by the h r i s Unfair Practices Act to be unlawful and that proceedings would h , t, be in the public interest, [he ] the attorney general may bring e u [g VIOLATIONS.--e .230437.1b -l 13e -e A.h an action in the name of the state alleging violations of the n d d i = = o h Unfair Practices Act.

WheneverThe theaction attorneymay generalbe hasbrought reasonablein beliefthe thatl [any]] ab person,d isi using,a hasº usede ordistrict iscourt aboutof tothe usecounty anyin method,which actthe orperson practiceresides [which]or thathas isr declaredi by= ther Unfairt Practicese Actw tod bem unlawfula andn thato proceedings[his] would be in the publicperson's interest,principal [he]place theof attorneybusiness generalor may bring an action in the named ofm the: state alleging violations of the Unfair Practices Act.

Theb actione mayd bes broughtº ino thet districtn court= of.230437.1AIC theMarch county21, in2025 which(11:29am) thes personk residesm ore has- [his]14 the- person'se principala placen ofe businessd orr ine thel u [ A d district court in [any] a county in which the person is using, has used or is about to use the practice [which][which ] that has been alleged to be unlawful under the Unfair Practices Act.

The attorney general acting on behalf of the state [of New Mexico]Mexico ] shall not be required to post bond when seeking a temporary or permanent injunction in such action.

In [any] an action filed pursuant to the Unfair e t 17 Practices Act, including an action with respect to unimproved w l n d 18 real property, the attorney general may petition the district = = 19 a l court for temporary or permanent injunctive relief and irestitution." aSECTION eSfl1º r6.»Sfl1 20Sfl1º5.»Sfl1 restitution."Section a57-12-9 tNMSA m(being mLaws 211971, SECTIONChapter 6.240, Section 3, as amended) is amended to read:

Section"57-12-9. 57-12-9 NMSA 1978 (being Laws 1971, d r e 22 Chapter 240, Section 3, as amended) is amended to read:

cSETTLEMENTS.-- eA. s k 23 "57-12-9.

SETTLEMENTS.--In elieu of beginning or continuing an action h pursuant to the Unfair Practices Act, the attorney general may g o t hr accept a nwritten bassurance 24of A.discontinuance of any practice in g e i k violation of the Unfair Practices Act from the person who has h r i s engaged in the unlawful practice.

InThe lieuattorney ofgeneral beginningmay orh continuing, t, require an actionagreement by the person engaged in the unlawful e u [g pursuante tob l e e h practice that, by the Unfairdate Practicesset Act,by the attorney general mayand .230437.1n -d 14d -i accept= a= writteno assuranceh ofstated discontinuancein ofthe anyassurance, practice[he in] violationthe person will make restitution l ] b ,d i a º e to all persons of themoney, Unfairproperty Practicesor Actother things received from ther personi who= hasr engagedt e w d m a n o them in any transaction related to the unlawful practice.

TheAll attorneyd generalm may: require an agreement by the person engaged in the unlawful practice that, by the date set by the attorney general and stated in the assurance, [he] the person will make restitution to all persons of money, property or other things received from them in any transaction related to the unlawful practice.

Allb e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 15 - e a n e d r e l u [ A d settlements are a matter of public record but are not admissible against [any][any ] a defendant in [any] an action brought by any other person or public body against [such][such ] the defendant under the Unfair Practices Act [and do not constitute a basis for the introduction of the assurance of discontinuance as prima facie evidence against such defendant in any action or proceeding].

A person need not accept restitution pursuant to e t 17 an assurance.

[His] Acceptance of restitution bars recovery of w l n d 18 [any] damages in [any] an action by [him] the person or on = = 19 a l [his] the person's behalf against the same defendant on account i a e r 20 of the same unlawful practice unless the defendant fails to a t m m 21 make restitution as agreed.

d r e 22 C.

A violation of an assurance entered into c e s k 23 pursuant to this section is a violation of the Unfair Practices eAct." ah nSECTION bSfl1º 247.»Sfl1 Act."Sfl1º6.»Sfl1 uSection [57-12-10 SECTIONNMSA 7.g o t hr 1978 (being Laws 1967, Chapter 268, Section 8, as amended) is g e i k amended to read:

Sectionh 57-12-10r NMSAi 1978s (being"57-12-10. Laws 1967, .230437.1 - 15 - Chapter 268, Section 8, as amended) is amended to read:

"57-12-10.PRIVATE REMEDIES.-- h , t, A.

PRIVATEA REMEDIES.--person A.likely to be damaged by an unfair or e u g e b l e e h deceptive trade practice or by an unconscionable trade practice n d d i = = o h of another may be granted an injunction against it under the l ] b ,d i a º e principles of equity and on terms that the court considers r i = r t e w d m a n o reasonable.

AProof person likely to be damaged by an unfair or deceptive trade practice or by an unconscionable trade practice of anothermonetary maydamage, beloss granted an injunction against it under the principles of equityprofits andor ond termsm that: the court considers reasonable.

Proofb ofe monetaryd damage,s lossº ofo profitst orn = .230437.1AIC March 21, 2025 (11:29am) s k m e - 16 - e a n e d r e l u [ A d intent to deceive or take unfair advantage of [any] a person is not required.

Any person who suffers any loss of money or property, real or personal, as a result of any employment by another person of a method, act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of [one hundred dollars ($100)]($100) ten] eten t 17 thousand dollars ($10,000), whichever is greater.

Where the w l n d 18 trier of fact finds that the party charged with an unfair or = = 19 a l deceptive trade practice or an unconscionable trade practice i a e r 20 has willfully engaged in the trade practice, the court may a t m m 21 award up to three times actual damages or [three hundred ddollars r($300)] eSfl1ºten 22thousand dollars ($300)]($10,000)»Sfl1 tenSfl1ºthirty thousand dollars ($10,000),($30,000)»Sfl1 , whichever is ch e s k 23 greater, to the party complaining of the practice.

eu a» nr b 24 C.

A person aware of an unfair or deceptive trade ut [h g e l i practice or an unconscionable trade practice of another .230437.1h -r 16i -s involving the manufacture, marketing, distributing, sale or h , e h offering for sale of a firearm, destructive device, firearm t u g e b l e e , gh part or firearm accessory that violates New Mexico or federal n d d i = = o h law may be granted an injunction against the practice under the l ] b ,d i a º r principles of equity and on terms that the court considers e r = t e w d m a n o reasonable and shall be awarded twoSfl1ºtwo hundred fifty thousand dollarsd ($250,000)m per: violation.

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 17 - e a n e d r e l u [ A d dollars ($250,000)»Sfl1 Sfl1ºthirty thousand dollars ($30,000)»Sfl1 per violation.

e t 17 [C.] E.

The court shall award attorney fees and w l n d 18 costs to the party complaining of an unfair or deceptive trade = = 19 a l practice or unconscionable trade practice if the party i a e r 20 prevails.

The court shall award attorney fees and costs to the a t m m 21 party charged with an unfair or deceptive trade practice or an dh r e 22 unconscionable trade practice if it finds that the party cg eo st khr 23 complaining of such trade practice brought an action that the g e ai nk b 24 party knew was groundless at the time it was initiated.

uh [r i s [D.] F.

The relief provided in this section is in .230437.1h -, 17t, - addition to remedies otherwise available against the same e u g e b l e e h conduct under the common law or other statutes of this state.

n d d i = = o h [E.] G.

In [any] a class action filed under this l ] b ,d i a º e section, the court may award damages to the named plaintiffs as providedr ini Subsection= Br oft thise sectionw andd maym awarda membersn ofo theprovided classin suchSubsection actualB damages as were suffered by each member of thethis classsection asand amay resultaward ofmembers thed unlawfulm method,: act or practice.

b e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 18 - e a n e d r e l u [ A d of the class such actual damages as were suffered by each member of the class as a result of the unlawful method, act or practice.

If a request for mediation is made, the parties shall choose a mutually acceptable mediator and enter into mediation within sixty days of the appointment of an acceptable mediator unless otherwise e t 17 agreed by the parties.

A request for mediation may be w l n d 18 rescinded at any time if agreed to by all parties.

= = 19 a l G.

If the parties do not agree on a mutually i a e r 20 acceptable mediator, the court shall appoint the mediator.

If a t m m 21 the early mediation pursuant to this section is entered into dh r e 22 within sixty days following the appointment of the mediator, cu e» sr k 23 the parties suing on the basis of unfair, deceptive or et ah ng be 24l i unconscionable trade practices or acts under the Unfair uh [r i s Practices Act shall be required to pay no more than fifty .230437.1h -, 18e -h dollars ($50.00) toward the cost of the mediation and the other t u g e b l e e , gh party shall pay the remainder of such cost, unless otherwise n d d i = = o h agreed by the parties.

If a person is seeking injunctive l ] b ,d i a º r relief in accordance with Subsection A of this section, the persone mayr pursue= thet claime forw injunctived reliefm withouta followingn theo mediationperson requirementsmay ofpursue thisthe subsectionclaim andfor Subsectioninjunctive Frelief ofwithout thisd section.]m H.:

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 19 - e a n e d r e l u [ A d following the mediation requirements of this subsection and Subsection F of this section.] H.

An online marketplace that offers for sale or allows third-party sellers to offer for sale a firearm, destructive device, firearm part or firearm accessory, the e t 17 manufacture, advertising, distribution or sale of which would w l n d 18 violate the laws of New Mexico or the United States, shall be = = 19 a l jointly and severally liable for any violations of the Unfair i a e r 20 Practices Act that occurred on the online marketplace.

a t m m 21 J.

In any action brought pursuant to the Unfair dh r e 22 Practices Act against a third-party seller on an online cu e» sr k 23 marketplace, the online marketplace shall comply with validly et ah ng be 24l i issued subpoenas that seek information about a third-party uh [r i s seller.

.230437.1h -, 19e -h K.

A willful failure or refusal to respond to a t u g e b l e e , gh subpoena described in Subsection J of this section shall itself n d d i = = o h be a violation of the Unfair Practices Act, for which the court shalll ] b ,d i a º r Sfl1ºshall»Sfl1 Sfl1ºmay»Sfl1 award the requesting party e r = t e w d m a n o statutory damages of:

(1)d twom hundred: fifty thousand dollars ($250,000) and attorney fees and costs if the subpoena was issued in an action involving an allegation that a third-party seller violated the Unfair Practices Act while manufacturing, advertising, distributing or selling a firearm, destructive device, firearm part or firearm accessory in violation of the laws of New Mexico or the United States;

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 20 - e a n e d r e l u [ A d (1) Sfl1ºtwo hundred fifty thousand dollars ($250,000)»Sfl1 Sfl1ºthirty thousand dollars ($30,000)»Sfl1 and attorney fees and costs if the subpoena was issued in an action involving an allegation that a third-party seller violated the Unfair Practices Act while manufacturing, advertising, distributing or selling a firearm, destructive device, firearm part or firearm accessory in violation of the laws of New Mexico or the United States;

An online marketplace, seller or third-party e t 17 seller that does not maintain a place of business in the United w l n d 18 States or that conceals its place of business and offers goods = = 19 a l or services for sale inside New Mexico shall be deemed, such ih a e r 20 that a suit may be maintained against the online marketplace, au t» mr m 21 seller or third-party seller without violating the standards of dt rh g e 22l i fair play and substantial justice, to have:

ch er si ks 23 (1) minimum contacts with New Mexico;

eh a, ne bh 24 (2) invoked the benefits and protections of t u [g e b l e e , gh the laws of New Mexico;

.230437.1n -d 20d -i = = o h (3) purposely availed itself of the privileges l ] b ,d i a º r of conducting activities within New Mexico;

and e r = t e w d m a n o (4) reasonably anticipated being haled into a courtd withinm New: Mexico." SECTION 8.

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 21 - e a n e d r e l u [ A d court within New Mexico." SECTION Sfl1º 8.»Sfl1 Sfl1º7.»Sfl1 Section 57-12-11 NMSA 1978 (being Laws 1970, Chapter 38, Section 2) is amended to read:

CIVIL PENALTY.--In any action brought under Section [49-15-7 NMSA 1953] 57-12-8 NMSA 1978, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Unfair Practices Act, the attorney general, upon petition to the court, may recover on behalf of the state [of New Mexico]Mexico ] a civil penalty [of][of ] not exceeding [five thousand dollars ($5,000)] twenty-fiveSfl1ºtwenty-five thousand dollars ($25,000)($25,000)»Sfl1 Sfl1ºthirty thousand dollars ($30,000)»Sfl1 per violation,violation Sfl1º, unless the violation involved the manufacturing, advertising, distribution or sale of a firearm, in which case the attorney e t 17 general may petition the court for a civil penalty h not w l n d 18 exceeding two hundred fifty thousand dollars ($250,000) per =g =o 19t ahr lviolation»Sfl1 violation."." g e i ak eSECTION Sfl1º9.»Sfl1 Sfl1º8.»Sfl1 Section 57-12-12 NMSA h r 20i SECTIONs 9.1978 (being Laws 1967, Chapter 268, Section 10) is amended to h , t, e u g read:

Sectione 57-12-12b NMSAl 1978e (beinge Lawsh 1967,"57-12-12. a t m m 21 Chapter 268, Section 10) is amended to read:

CIVIL INVESTIGATIVE DEMAND.-- n d rd ei 22= "57-12-12.= o h A.

CIVILWhenever INVESTIGATIVEthe DEMAND.--attorney cgeneral has reason to l ] b ,d i a º e sr ki 23= A.r believe that [any ] a person may be in possession, custody or t e w d m a n o control of an original or copy of [any ] a book, record, report, d m :

Wheneverb thee attorneyd generals hasº reasono tot e a n b= 24.230437.1AIC believeMarch that21, [any]2025 a(11:29am) persons mayk bem ine possession,- custody22 or- ue [a controln ofe and originalr ore copyl ofu [any][ aA book,d record, report, .230437.1 - 21 - memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording [which he]he ] that the attorney general believes to be relevant to the subject matter of an investigation of a probable violation of the Unfair Practices Act, [he][he ] the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand requiring [such][such ] the person to produce documentary material and permit the inspection and copying of the material.

The demand of the attorney general shall not be a matter of public record and shall not be published by [him][him ] the attorney general except by order of the court.

eh t 17 (2) describe the classes of documentary wg lo nt dhr 18 material to be produced with reasonable certainty;

and =g =e 19i ak l (3) prescribe the return date within which the ih a e r 20i s documentary material is to be produced, which in no case shall ah t, mt, m 21 be less than ten days after the date of service.

[and de ru g e 22b l e e h (4) identify the members of the attorney cn ed sd ki 23= = o h general's staff to whom such documentary material is to be made el a] n b 24,d i a º e available for inspection and copying.] ur [i = r t e w d m a n o C.

.230437.1d -m 22: - (1) contain [any] a requirement [which] that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state;

[or]b (2)e required thes disclosureº ofo anyt documentaryn material= [which].230437.1AIC thatMarch would21, be2025 privileged(11:29am) ors [which]k thatm fore any- other23 reason- woulde nota n e d r e l u [ A d (1) contain [any] a requirement [which] that would be requiredunreasonable byor improper if contained in a subpoena duces tecum issued by a court of this state;

or[or (3)] (2) require the removaldisclosure of any documentary material from[which the] custodythat ofwould thebe personprivileged uponor whom[which] thethat demandfor isany servedother exceptreason inwould accordancenot withbe therequired provisionsby ofa Subsectionsubpoena Educes tecum issued by a court of this section.state;

or (3) require the removal of any documentary material from the custody of the person upon whom the demand is served except in accordance with the provisions of Subsection E of this section .

(1) delivering a duly executed copy [thereof][thereof ] to the person to be served or, if the person is not a natural person, to the statutory agent for the person or to [any][any ] an officer of the person to be served;

[or] eh t 17 (2) delivering a duly executed copy [thereof][thereof w] lg no dt 18hr to the principal place of business in this state of the person =g =e 19i ak l to be served;

or ih a e r 20i s (3) mailing by registered or certified mail a ah t, mt, m 21 duly executed copy of the demand addressed to the person to be de ru g e 22b l e e h served at [his][his ] the person's principal place of business in cn ed sd ki 23= = o h this state or, if the person has no place of business in this el a] n b 24,d i a º e state, to [his][his ] the person's principal office or place of ur [i = r t e w d m a n o business.

.230437.1d -m 23: - E.

b e d s º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e - 24 - e a n e d r e l u [ A d E.

[No]HJCº[No]»HJC DocumentaryHJCºNo»HJC HJCºDocumentary»HJC HJCºdocumentary»HJC material produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by the district court in the county in which the person resides or has [his][his ] the person's principal place of business or is about to perform or is performing the practice [which] that is alleged to be unlawful under the Unfair Practices Act, HJCº [for good cause shown]shown]»HJC HJCºfor good cause shown»HJC be [producedHJCº[produced for inspection or copying by anyone other than an authorized employee of the attorney general nor shall the contents thereof h be disclosed to anyone other than an authorized employee of the u » r attorney general or in court in an action relating to a t h g e l i violation of the]»HJC HJCºproduced for inspection or copying h r i s by anyone other than an authorized employee of the attorney h , e h general nor shall the contents thereof be disclosed to anyone t 17u g e b l e e , gh other than an authorized employee of the attorney general or in n d d i = = o h court in an action relating to a violation of the]the»HJC subjectl to] wb l,d ni da 18º r e r = HJCºsubject to the Inspection of Public Records Act and discoverablet bye anyw =d =m 19 a ln o discoverable by any party to an action brought pursuant to thed Unfairm Practices: i a e r 20 Act.

ab r e t mº o t n = .230437.1AIC March 21, 2025 (11:29am) s k m 21e G.- 25 - e a n e d r e l u [ A d the»HJC Unfair Practices Act.

AtG. any time before the return date of the d r e 22 demand, a petition to set aside the demand, modify the demand c e s k 23 or extend the return date [thereon] on the demand may be filed e a n b 24 in the district court in the county in which the person resides u [ or has [his] the person's principal place of business or is .230437.1 - 24 - about to perform or is performing the practice [which] that is alleged to be unlawful under the Unfair Practices Act, and the court upon a showing of good cause may set aside the demand, modify it or extend the return date of the demand.

At any time before the return date of the demand, a petition to set aside the demand, modify the demand or extend the return date [thereon] on the demand may be filed in the district court in the county in which the person resides or has [his ] the person's principal place of business or is about to perform or is performing the practice [which] that is alleged to be unlawful under the Unfair Practices Act, and the court upon a showing of good cause may set aside the demand, modify it or extend the return date of the demand.

In appropriate cases, the court shall issue its order requiring the person to appear and produce the documentary material required in the h demand and may, upon failure of the person to comply with the g o t hr order, punish the person for contempt.

g e i k I.

This section shall not be applicable to criminal h r i s prosecutions." h , t, SECTION 10.Sfl1º 10.»Sfl1 Sfl1º9.»Sfl1 Section 57-12-15 e u g e b l e e h NMSA 1978 (being Laws 1967, Chapter 268, Section 12) is amended n d d i = = o h to read:

Sectionl 57-12-15] NMSAb 1978,d (beingi Lawsa 1967,º Chaptere 268,"57-12-15. Section 12) is amended to read:

eENFORCEMENT.--In order to promote the uniform r i = r t 17e "57-12-15.w d m a n o administration of the Unfair Practices Act in New Mexico, the d m :

ENFORCEMENT.--Inb ordere tod promotes theº uniformo wt l n d= 18.230437.1AIC administrationMarch of21, the2025 Unfair(11:29am) Practicess Actk inm Newe Mexico,- the26 =- =e 19 a n e d r e l u [ A d attorney general is to be responsible for its enforcement, but i[he a] e r 20 [he] the attorney general may in appropriate cases delegate a t m m 21 this authority to the district attorneys of the state, and when d r e 22 this is done, the district attorneys shall have every power c e s k 23 conferred upon the attorney general by the Unfair Practices eAct." aSECTION nSfl1º b11.»Sfl1 24Sfl1º10.»Sfl1 Act."Section u57-12-16 [NMSA SECTION1978 11.(being Laws 1967, Chapter 268, Section 13, as amended) is amended to read:

Section 57-12-16 NMSA 1978 (being Laws 1967, .230437.1 - 25 - Chapter 268, Section 13, as amended) is amended to read:

ADVERTISING MEDIA EXCLUDED.--The Unfair Practices Act does not apply to publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast or reproduce material without knowledge of its deceptive or unconscionable character, unless the publication, broadcast or reproduction violates the laws of New h Mexico or the United States." u » r SECTION 12.Sfl1º 12.»Sfl1 Sfl1º11.»Sfl1 A new section of the t h g e l i Unfair Practices Act, Section 57-12-3.2 NMSA 1978, is enacted h r i s to read:

Ah new, sectione ofh the"57-12-3.2. Unfair Practices Act, Section 57-12-3.2 NMSA 1978, is enacted to read:

"57-12-3.2.[NEW MATERIAL] UNLAWFUL MANUFACTURE, t u g e b l e e , gh ADVERTISING, DISTRIBUTION OR SALE OF A FIREARM PROHIBITED.--It n d d i = = o h shall be an unlawful practice within the meaning of the Unfair l ] b ,d i a º r Practices Act for any person to violate:

[NEWe MATERIAL]r UNLAWFUL= MANUFACTURE,t ADVERTISING,e DISTRIBUTIONw ORd SALEm OFa An FIREARMo PROHIBITED.--ItA. shall be an unlawful practice within the meaning of the Unfair Practices Act for any person to violate:

A.

or ed tm 17: B.

theb lawsr ofe Newt Mexicoº oro thet United States w l n d 18 controlling the manufacture, advertising, distribution or sale = =.230437.1AIC 19March a21, l2025 of(11:29am) firearms."s ik am e r 20 - 2627 - e a tn me m 21 d r e 22l c e s k 23 e a n b 24 u [ .230437.1A d B.

the laws of New Mexico or the United States controlling the manufacture, advertising, distribution or sale of firearms." HJCº SECTION 12.

SEVERABILITY.--If a provision of the act or rule or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act or rule that can be given effect without the invalid provision or application, and to this end the provisions of the act or rule are severable.»HJC - 28 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .230437.1AIC March 21, 2025 (11:29am) s k m e e a n e d r e l u [ A d