As used in the Pyramid Promotional Schemes Act:
A. "compensation" includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon payment;
B. "consideration" means the payment of cash or the purchase of goods, services or intangible property but does not include:
(1) the purchase of goods or services furnished at cost to be used in making sales and not for resale; or
(2) time and effort spent in pursuit of sales or recruiting activities; and
C. "pyramid promotional scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from any person's introduction of other persons into participation in the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation.
History: 1978 Comp., § 57-13-2, enacted by Laws 1987, ch. 100, § 2.
Repeals and reenactments. — Laws 1987, ch. 100, § 2 repealed former 57-13-2 NMSA 1978, as enacted by Laws 1973, ch. 377, § 2, and enacted a new section, effective June 19, 1987.
Structure New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 13 - Pyramid or Multilevel Sales
Section 57-13-1 - Short title.
Section 57-13-2 - Definitions.
Section 57-13-3 - Prohibition; defenses excluded.
Section 57-13-4 - Restraint of prohibited acts; restitution; penalties.
Section 57-13-5 - Settlements.
Section 57-13-6 - Private remedies.
Section 57-13-8 - Pyramid Promotional Schemes Act restitution fund.
Section 57-13-9 - Civil investigative demand.
Section 57-13-11 - Regulations.
Section 57-13-12 - Construction.
Section 57-13-13 - Enforcement.
Section 57-13-14 - Advertising media excluded.
Section 57-13-15 - Issuance of ne exeat.
Section 57-13-16 - Posting of bond.