This bill amends the Unfair Practices Act in New Mexico to include firearms and destructive devices, thereby broadening the scope of private remedies for unfair, deceptive, and unconscionable trade practices. It introduces key definitions such as "destructive device," "firearm," "firearm accessory," and "firearm part," while also addressing terms related to online marketplaces and sellers. The bill specifies that unfair or deceptive trade practices now encompass knowingly manufacturing, advertising, distributing, or offering for sale firearms or destructive devices in violation of applicable laws. Additionally, it clarifies the definitions of "unconscionable trade practice" and outlines unlawful practices concerning unauthorized use of delivery containers.

The amendments enhance enforcement mechanisms by allowing the attorney general to seek civil penalties of up to $25,000 per violation, or $250,000 for firearm-related violations. It establishes joint liability for online marketplaces and third-party sellers, mandates compliance with subpoenas, and clarifies that proof of monetary damage is not required for certain claims. The bill also expands private remedies for individuals harmed by unfair practices, allowing for injunctions without proving monetary damages, and enables the attorney general to accept written assurances of discontinuance from violators, requiring restitution to affected parties. Overall, the bill aims to strengthen consumer protection in New Mexico by providing robust mechanisms for addressing unfair trade practices and ensuring accountability for violations.

Statutes affected:
introduced version: 53-17-2, 57-12-2, 57-12-3.1, 57-12-7, 57-12-8, 57-12-9, 57-12-10, 57-12-11, 57-12-12, 57-12-15, 57-12-16