N.M. Stat. Ann. § 57-12-2

57-12-2. Definitions.
   As used in the Unfair Practices Act:

   A. “person" means, where applicable, natural persons, corporations, trusts,
partnerships, associations, cooperative associations, clubs, companies, firms, joint
ventures or syndicates;

    B. “seller-initiated telephone sale" means a sale, lease or rental of goods or services
in which the seller or the seller's representative solicits the sale by telephoning the
prospective purchaser and in which the sale is consummated entirely by telephone or
mail, but does not include a transaction:

       (1)   in which a person solicits a sale from a prospective purchaser who has
previously made an authorized purchase from the seller's business; or
        (2)    in which the purchaser is accorded the right of rescission by the provisions
of the federal Consumer Credit Protection Act, 15 U.S.C. 1635, or regulations issued
pursuant thereto;

    C. “trade" or "commerce" includes the advertising, offering for sale or distribution of
any services and any property and any other article, commodity or thing of value,
including any trade or commerce directly or indirectly affecting the people of this state;

    D. “unfair or deceptive trade practice" means an act specifically declared unlawful
pursuant to the Unfair Practices Act, a false or misleading oral or written statement,
visual description or other representation of any kind knowingly made in connection with
the sale, lease, rental or loan of goods or services or in the extension of 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:

       (1)    representing goods or services as those of another when the goods or
services are not the goods or services of another;

      (2)    causing confusion or misunderstanding as to the source, sponsorship,
approval or certification of goods or services;

      (3)    causing confusion or misunderstanding as to affiliation, connection or
association with or certification by another;

      (4)    using deceptive representations or designations of geographic origin in
connection with goods or services;

      (5)     representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits or quantities that they do not have or that a
person has a sponsorship, approval, status, affiliation or connection that the person
does not have;

       (6)    representing that goods are original or new if they are deteriorated,
altered, reconditioned, reclaimed, used or secondhand;

      (7)     representing that goods or services are of a particular standard, quality or
grade or that goods are of a particular style or model if they are of another;

      (8)    disparaging the goods, services or business of another by false or
misleading representations;

      (9)    offering goods or services with intent not to supply them in the quantity
requested by the prospective buyer to the extent of the stock available, unless the
purchaser is purchasing for resale;
       (10) offering goods or services with intent not to supply reasonable expectable
public demand;

       (11) making false or misleading statements of fact concerning the price of
goods or services, the prices of competitors or one's own price at a past or future time
or the reasons for, existence of or amounts of price reduction;

       (12) making false or misleading statements of fact for the purpose of obtaining
appointments for the demonstration, exhibition or other sales presentation of goods or
services;

      (13) packaging goods for sale in a container that bears a trademark or trade
name identified with goods formerly packaged in the container, without authorization,
unless the container is labeled or marked to disclaim a connection between the contents
and the trademark or trade name;

       (14) 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) stating that a transaction involves rights, remedies or obligations that it
does not involve;

     (16)       stating that services, replacements or repairs are needed if they are not
needed;

         (17)   failing to deliver the quality or quantity of goods or services contracted for;

         (18)   violating the Tobacco Escrow Fund Act [6-4-14 through 6-4-24 NMSA
1978];

      (19) 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 [Chapter 59A NMSA 1978, except for 59A-
30A-1 to 59A-30A-18 NMSA 1978, and 59A-42A-1 to 59A-42A-9 NMSA 1978]; or

       (20) charging an applicant a fee in violation of the Uniform Owner-Resident
Relations Act [47-8-1 to 47-8-52 NMSA 1978]; and

    E. “unconscionable trade practice" means an act or practice in connection with the
sale, lease, rental or loan, or in connection with the offering for sale, lease, rental or
loan, of any goods or services, including services provided by licensed professionals, or
in the extension of credit or in the collection of debts that to a person's detriment:

       (1)    takes advantage of the lack of knowledge, ability, experience or capacity
of a person to a grossly unfair degree; or
       (2)    results in a gross disparity between the value received by a person and
the price paid.

History: 1953 Comp., § 49-15-2, enacted by Laws 1967, ch. 268, § 2; 1969, ch. 208, §
1; 1971, ch. 240, § 1; 1987, ch. 187, § 1; 1989, ch. 309, § 1; 1995, ch. 18, § 2; 1999, ch.
171, § 1; 2003, ch. 167, § 9; 2009, ch. 197, § 25; 2019, ch. 214, § 1; 2025, ch. 122, § 8.