Section 22-21-2 - Prohibition on the sale or use of student, faculty and staff lists in direct marketing; remedies. - New Mexico Statutes

22-21-2. Prohibition on the sale or use of student, faculty and staff lists in direct marketing; remedies.

A.     No person shall sell or use student, faculty or staff lists with personal identifying information obtained from a public school or a local school district for the purpose of marketing goods or services directly to students, faculty or staff or their families by means of telephone or mail. The provisions of this section shall not apply:   

(1)     to legitimate educational purposes, which shall be determined by rules and regulations developed by the department of education [public education department]; or   

(2)     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.  For the purposes of this subsection, "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.   

B.     Any person receiving a solicitation may bring an action against any person who violates Subsection A of this section.   

C.     If a person is found to have violated Subsection A of this section in an action brought under Subsection B of this section, then the person shall be required to pay actual damages or the sum of five hundred dollars ($500), whichever is greater, and reasonable attorneys' fees to the person receiving the solicitation.