NEW MEXICO STATUTES
TITLE 57.  TRADE AND COMMERCE
ARTICLE 12.  UNFAIR PRACTICES ACT
SECTIONS 23 AND 24

Added by 2003 S.B. 699, 2003 N.M. Acts ch. 168
(approved April 5, 2003)

57-12-23.  UNSOLICITED FACSIMILES OR EMAIL--PROHIBITION.--

    A. No person conducting business in this state shall transmit by facsimile or cause to be transmitted by facsimile an unsolicited advertisement unless:

    (1) the person establishes a toll-free telephone number that a recipient of the unsolicited advertisement may call to notify the person not to send the recipient any additional unsolicited advertisement; and

    (2) the unsolicited advertisement includes

a statement, in at least nine-point type, informing the recipient of the toll-free telephone number that the recipient may call to notify the sender not to send the recipient any additional unsolicited information.

    B. No person conducting business in this state shall email or cause to be emailed an unsolicited advertisement unless:

    (1) the person establishes a toll-free telephone number or a valid sender-operated return email address that a recipient of the unsolicited advertisement may call or email to notify the person not to send the recipient any additional unsolicited advertisement;

    (2) the unsolicited advertisement includes a statement, in the first text of the body of the message and in the same size as the majority of the text of the message, informing the recipient of the toll-free telephone number or the email address that the recipient may call or email to notify the sender not to send the recipient any additional unsolicited advertisement;

    (3) the subject line of the email includes "ADV:" as the first four characters; and

    (4) if the unsolicited advertisement advertises realty, goods, services, intangibles or the extension of credit that may only be viewed, purchased, licensed, rented, leased or held in the possession by an individual eighteen years of age or older, the subject line of the email includes "ADV:ADLT" as the first eight characters.

    C. After notification by a recipient of the recipient's request not to receive any further unsolicited advertisement, no person conducting business in this state shall transmit by facsimile, cause to be transmitted by facsimile, email or cause to be emailed any unsolicited advertisement to that recipient.

    D. In the case of an employer who is the registered owner of more than one email address, the notification required by Subsection C of this section may be given by the employer on behalf of all of the employees who may use email addresses provided and controlled by the employer.

    E. No person shall knowingly or