A. As used in this section, "seller" means a provider or other person that sells telecommunications services.
B. The provider shall approve all sales scripts and written materials used by its sellers, including contract sellers.
C. A seller that attempts to persuade a customer to purchase telecommunications services or change his provider shall make adequate inquiry to reasonably ensure that he is talking to the customer. The seller shall also, at a minimum, clearly and unambiguously:
(1) identify himself and the company for which he works;
(2) identify the provider that he is asking the customer to use or the telecommunications service he is asking the customer to purchase; and
(3) explain the material terms and price of the purchase or change in provider.
D. A seller shall not use false or misleading information or tactics that would be considered by a prudent person to be pressure tactics to convince the customer to purchase a telecommunications service or change a provider.
E. The commission shall prescribe by rule the requirements for clearly and unambiguously selling and verifying the sale of telecommunications services or providers.
History: Laws 1999, ch. 138, § 8.
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.