Section 57-12A-4 - Prohibited act; civil action; criminal penalty. (Contingent repeal - See compiler's note below.) - New-mexico Statutes

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Statutes > New-mexico > Chapter-57 > Article-12a > Section-57-12a-4

57-12A-4. Prohibited act; civil action; criminal penalty. (Contingent repeal - See compiler's note below.)

A. A person engaging in telephone solicitation shall not initiate an outbound telephone call consisting of telephone solicitation to a residential subscriber in New Mexico when that residential subscriber's 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.

B. A residential subscriber may bring a civil action against a person who violates the provisions of Subsection A of this section in respect to that subscriber. A residential subscriber who succeeds in obtaining a judgment of violation shall be awarded liquidated damages in the amount of five hundred dollars ($500) for each violation proved. Each call is a separate violation of the provisions of this section. A residential subscriber that succeeds in obtaining a judgment of violation shall be awarded reasonable attorney fees and costs by the court.

C. Violation of the provisions of Subsection A of this section is a misdemeanor, and the violator shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

State Codes and Statutes

Statutes > New-mexico > Chapter-57 > Article-12a > Section-57-12a-4

57-12A-4. Prohibited act; civil action; criminal penalty. (Contingent repeal - See compiler's note below.)

A. A person engaging in telephone solicitation shall not initiate an outbound telephone call consisting of telephone solicitation to a residential subscriber in New Mexico when that residential subscriber's 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.

B. A residential subscriber may bring a civil action against a person who violates the provisions of Subsection A of this section in respect to that subscriber. A residential subscriber who succeeds in obtaining a judgment of violation shall be awarded liquidated damages in the amount of five hundred dollars ($500) for each violation proved. Each call is a separate violation of the provisions of this section. A residential subscriber that succeeds in obtaining a judgment of violation shall be awarded reasonable attorney fees and costs by the court.

C. Violation of the provisions of Subsection A of this section is a misdemeanor, and the violator shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

State Codes and Statutes

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State Codes and Statutes

Statutes > New-mexico > Chapter-57 > Article-12a > Section-57-12a-4

57-12A-4. Prohibited act; civil action; criminal penalty. (Contingent repeal - See compiler's note below.)

A. A person engaging in telephone solicitation shall not initiate an outbound telephone call consisting of telephone solicitation to a residential subscriber in New Mexico when that residential subscriber's 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.

B. A residential subscriber may bring a civil action against a person who violates the provisions of Subsection A of this section in respect to that subscriber. A residential subscriber who succeeds in obtaining a judgment of violation shall be awarded liquidated damages in the amount of five hundred dollars ($500) for each violation proved. Each call is a separate violation of the provisions of this section. A residential subscriber that succeeds in obtaining a judgment of violation shall be awarded reasonable attorney fees and costs by the court.

C. Violation of the provisions of Subsection A of this section is a misdemeanor, and the violator shall be sentenced pursuant to Section 31-19-1 NMSA 1978.