A. A person shall not injure or threaten to injure a customer's credit because the customer refuses to pay charges resulting from cramming or slamming. A person who violates the provisions of this section is guilty of a fourth degree felony and shall be sentenced as follows:
(1) for threatening to injure a customer's credit, a fine not to exceed one thousand dollars ($1,000) per occurrence; and
(2) for injuring a customer's credit by providing a false, misleading or negative report about the customer to a credit reporting agency, a fine not to exceed ten thousand dollars ($10,000) per occurrence.
B. A person is barred from bringing a civil action against a customer to collect for charges resulting from cramming or slamming.
History: Laws 1999, ch. 138, § 9.
Effective dates. — Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
Applicability. — Laws 1999, ch. 138, § 11, effective June 18, 1999, made the Cramming and Slamming Act applicable to telecommunications services provided to customers on or after 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.