Law / United States / New Mexico

Post-secondary institutions may not transfer undergraduate student information to credit card issuers

NMSA 1978, Sec. 21-1-45 (sale of student information; marketing credit cards to students; prohibited practices)

In force since .

A sensitive categories rule binding public and private bodies.

Private right of action
Yes
Obligation class
Prohibition

What it requires

  • If you are a public or private post-secondary educational institution in New Mexico, or its agent, employee, student or alumni organization or affiliate, do not sell, give or otherwise transfer an undergraduate student's name, address, social security number, date of birth, telephone number or other contact or personal identifying information to a card issuer for distributing or marketing credit cards (NMSA 1978, Sec. 21-1-45(A)(1)).
  • Do not enter into an agreement or cooperate with a card issuer to market credit cards to the institution's undergraduate students, and do not allow credit card marketing on its property or campus (NMSA 1978, Sec. 21-1-45(A)(2) and (3)).
  • Expect a student whose information was transferred in violation of the section, or the Attorney General, to be able to sue for a civil penalty of up to $10,000 for each violation plus costs and reasonable attorney fees (NMSA 1978, Sec. 21-1-45(B)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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No public or private post-secondary educational institution, including its agents, employees, student or alumni organizations and affiliates, may sell, give or otherwise transfer to a card issuer, for distributing or marketing credit cards, the name, address, social security number, date of birth, telephone number or other contact or personal identifying information of an undergraduate student at the institution.

The institution also may not enter into an agreement or cooperate with a card issuer to market credit cards to its undergraduate students, or allow credit card marketing on its property or campus. A person whose contact information was sold, given or transferred in violation of the section, or the Attorney General, may bring a civil action and seek a civil penalty of up to $10,000 for each violation plus costs and reasonable attorney fees.

Credit card and card issuer have the meanings the federal Truth in Lending Act gives them. The section took effect on .

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