Law / United States / 
New Mexico
Student, faculty and staff lists may not be sold or used for direct marketing, with a private action for the person solicited
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition, Consent
What it requires
- Do not sell or use a student, faculty or staff list carrying personal identifying information obtained from a New Mexico public school or local school district to market goods or services directly to students, faculty or staff or their families by telephone or mail, unless the use is for a legitimate educational purpose or a parent has authorized the release of the student's information in writing to the school or district (NMSA 1978, Sec. 22-21-2(A)).
- Expect a person who receives a solicitation that violates the prohibition to be able to sue you for actual damages or $500, whichever is greater, and reasonable attorneys' fees (NMSA 1978, Sec. 22-21-2(B) and (C)).
These lines are LexLint's reading of the law's text.
What this law does
No person may sell or use student, faculty or staff lists with personal identifying information obtained from a public school or a local school district to market goods or services directly to students, faculty or staff or their families by telephone or mail.
The prohibition does not apply to legitimate educational purposes, which the Public Education Department determines by rule, or when a parent of a student authorizes the release of the student's personal identifying information in writing to the public school or local school district.
Personal identifying information means the names, addresses, telephone numbers, social security numbers and other similar identifying information about students maintained by a public school or local school district. Any person receiving a solicitation may bring an action against any person who violates the prohibition.
A person found in that action to have violated the prohibition must pay the person who received the solicitation actual damages or $500, whichever is greater, and reasonable attorneys' fees. The section was enacted by Laws 1993, chapter 166, as section 22-1-8 and recompiled as section 22-21-2 by Laws 2003, chapter 153.
When LexLint raises it
When your app profile says your app sends automated outreach or serves under-18s.
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