A charitable organization or a professional fundraiser shall not:
A. engage in deceptive fundraising practices, meaning any false or misleading verbal or written statement, description or representation of any kind knowingly made in connection with a solicitation and that may, tends to or does deceive or mislead any person and includes:
(1) using the name or likeness of any person in solicitation literature without the express written consent of the person; provided that publication of previous contributors' names to acknowledge their contributions shall not require their express written consent;
(2) using a name, symbol or statement that is so closely related or similar to that used by another charitable organization or governmental agency that the use would tend to confuse or mislead the public; and
(3) misrepresenting, confusing or misleading any person to reasonably believe incorrectly that the contributions being solicited are or will be used for purposes, persons or programs in the state; or
B. collect or attempt to collect a contribution in person or by courier unless:
(1) the solicitation and collection or attempt to collect occur contemporaneously; or
(2) the solicitation includes the sale of goods or items and the collection or attempt to collect occurs contemporaneously with the delivery of the goods or items agreed to be purchased by the contributor.
History: Laws 1999, ch. 124, § 14.
Effective dates. — Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 14 effective July 1, 1999.
Structure New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 22 - Charitable Solicitations
Section 57-22-1 - Short title.
Section 57-22-3 - Definitions.
Section 57-22-4 - Application of act.
Section 57-22-6 - Filing of required documents.
Section 57-22-6.1 - Professional fundraisers; registration.
Section 57-22-6.2 - Professional fundraisers; bond.
Section 57-22-6.4 - Professional fundraiser; records and reports.
Section 57-22-7 - Restriction on use of fact of filing in solicitation.
Section 57-22-8 - Disclosure of fundraising costs.
Section 57-22-9 - Authority of the attorney general.
Section 57-22-9.1 - Investigative demand; civil penalty.
Section 57-22-9.2 - Exchange of information with other states.
Section 57-22-10 - Standard of care.
Section 57-22-11 - Exemptions from state and local taxation.