As used in the Cramming and Slamming Act:
A. "billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent;
B. "commission" means the public regulation commission;
C. "cramming" means:
(1) charging a customer for telecommunications services that were not authorized by the customer;
(2) charging a customer for goods or services that are not telecommunications services; or
(3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill;
D. "customer" means the person whose name appears on the telephone bill or the person responsible for payment of the telephone bill;
E. "local exchange company" means a provider that provides local exchange services;
F. "local exchange services" means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply;
G. "provider" means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company;
H. "slamming" means:
(1) changing a customer's provider without the customer's authorization; or
(2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's provider; and
I. "telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of "telecommunications service" does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes.
History: Laws 1999, ch. 138, § 2.
Effective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9G - Cramming and Slamming
Section 63-9G-1 - Short title.
Section 63-9G-2 - Definitions.
Section 63-9G-3 - Commission powers and duties.
Section 63-9G-4 - Rules to implement act.
Section 63-9G-5 - Complaints filed with commission; rules; administrative penalties.
Section 63-9G-6 - Cramming or slamming; customer absolution.
Section 63-9G-7 - Change in service or provider; telephone bills.
Section 63-9G-9 - Cramming or slamming; damage to credit; penalty; civil action barred.