HB 61 New Mexico House · 2025 Regular Session

UNFAIR PRACTICES ACT CHANGES

HB 61 amends New Mexico's Unfair Practices Act to update definitions and increase penalties for deceptive business practices. It explicitly prohibits businesses from offering unadvertised pricing or services based on a buyer's gender or perceived gender identity (excluding insurance companies), and clarifies that "unfair or deceptive trade practice" includes false claims about product features or pricing. The bill doubles the civil penalty for violations from $5,000 to $10,000 per violation, with an additional $25,000 penalty for violations during declared emergencies. These changes directly affect businesses selling goods or services in New Mexico, particularly those using phone sales or engaging in pricing practices.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 9, 2025 Last action Jun 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → CE substitute · 6 edits

MODERATE

This bill amends New Mexico's Unfair Practices Act to strengthen consumer protections by updating definitions, clarifying what constitutes deceptive trade practices, and significantly increasing civil penalties for violations. The changes expand the scope of prohibited conduct to include gender-based pricing discrimination and add new categories of deceptive behavior.

Scope change

The bill expands the scope of prohibited unfair practices to include gender-based pricing discrimination and adds new categories of deceptive conduct, while also clarifying existing definitions to better cover modern sales practices.

DEFINITION

Added new definition for 'seller-initiated telephone sale' to clarify telemarketing regulations and exceptions.

Modified the definition of 'trade' or 'commerce' to clarify the scope of goods, services, and property covered by the act.

Added new definition for 'unconscionable trade practice' to provide clearer standards for evaluating unfair business conduct.

REQUIREMENT

Added new prohibited practices including gender-based pricing discrimination and offering goods with intent not to supply reasonable demand.

Added new provision prohibiting unposted or unadvertised pricing based on gender or perceived gender identity, with exceptions for insurance-regulated entities.

ENFORCEMENT

Increased civil penalties from $5,000 to $10,000 per violation, with an additional penalty of up to $25,000 for violations during disasters or emergencies.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 6, 2025

Lower · Passed

DO PASS committee report adopted

lower

Feb 26, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 22, 2025

Introduced

Sent to House Commerce & Economic Development Committee & House Judiciary Committee

lower

Jan 9, 2025

Introduced

Sent to House Pre-file

lower

3 primary · 0 co-sponsors