CHAPTER 2 CONSUMER PROTECTION
PART 9 NEGOTIATING A SALE IN A LANGUAGE OTHER THAN ENGLISH
220.127.116.11 ISSUING AGENCY: Office of the New Mexico Attorney General.
18.104.22.168 SCOPE: [
22.214.171.124 STATUTORY AUTHORITY: The New Mexico Unfair Practices Act, Section 57-12-1, et seq. NMSA 1978 and New Mexico False Advertising Act, Section 57-15-1 et seq., NMSA 1978.
126.96.36.199 DURATION: Permanent
188.8.131.52 EFFECTIVE DATE: September 15, 2009, unless a later date is cited at the end of a section.
184.108.40.206 OBJECTIVE: [
A. “Trade” or “commerce ” includes the advertising, offering for sale, distribution, lease, rental or loan of goods or any services and any property and any other article, commodity or thing of value, or in the extension of credit or in the collection of debts by a person, including any trade or commerce directly or indirectly affecting the people of this state.
B. “Language principally used” means the
language that is used to discuss, present, [
C. “Material terms and conditions” means those terms and conditions to which a reasonable person would attach importance in making his or her choice of action regarding a transaction, or that the business or its agent, employee or representative knows or has reason to know that the consumer regards, or is likely to regard, as important in determining his or her choice of action in the transaction.
OR DECEPTIVE TRADE PRACTICE: It is an unfair and deceptive business
trade practice for any [
A. When the language principally used is a language other than English, to fail to furnish the consumer with a written summary of the material terms and conditions of the parties’ agreement at the time of its execution, translated in the same language as that principally used in the transaction; or,
B. When the language principally used is a traditional oral language other than English, to fail to read to the consumer an oral translation of the material terms and conditions of the parties’ agreement at the time of its execution, translated in the same language as that principally used in the transaction.
C. To provide a materially inaccurate translation, either written or oral, including, but not limited to, a translation that omits a material fact.
A. In the case of written languages other than English, any person engaged in trade or commerce shall provide a written summary of the material terms and conditions of the parties’ agreement translated into the same language principally used in a trade or commerce transaction to the consumer prior to execution of the final English language transaction documents. A complete translation of the final written agreement document and all other documents related to the transaction satisfies the translation requirements of this rule.
B. When the language principally used is a traditional oral language, the business shall certify in writing that a true and correct translation of the material terms and conditions was orally read to the consumer by a translator fluent in both the English language and the language principally used in the transaction. The translator shall sign a written certification setting forth his or her name and contact information and affirming that he or she is fluent in both the English language and the language principally used in the transaction. Both translation certifications must be made part of the transaction file and the consumer must be provided with a copy of both certificates of translation.
C. Any person subject to this rule must also furnish the complete English language receipt or agreement to the consumer at the same time of delivery of the translated summary.
220.127.116.11 SEVERABILITY: If any part of this rule is held invalid, the remainder and the application thereof shall not be affected.