This bill amends the Unfair Practices Act in New Mexico to include firearms and destructive devices, thereby broadening the scope of private remedies available for unfair, deceptive, and unconscionable trade practices. It introduces key definitions such as "firearm," "destructive device," "firearm accessory," and "firearm part," while also addressing the sale of these items in digital contexts through terms like "online marketplace" and "third-party seller." The bill specifies that unfair or deceptive trade practices include knowingly manufacturing or selling firearms or destructive devices in violation of applicable laws. It also clarifies the definitions of "unconscionable trade practice" and outlines specific actions that constitute unfair practices, such as misrepresenting the legality of goods or services.

Additionally, the bill enhances enforcement mechanisms by allowing the attorney general to seek civil penalties of up to $25,000 per violation, or $250,000 for violations related to firearms. 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 amendments aim to strengthen consumer protection by providing robust mechanisms for addressing unfair trade practices, allowing individuals harmed by such practices to seek injunctions without proving monetary damages, and ensuring accountability for violations related to firearms and their sale.

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