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Can I offer discounts or promotions without violating pricing laws in New Mexico? What are the requirements?
To offer discounts or promotions without violating pricing laws in New Mexico, you must ensure that the discounts or promotions do not violate any of the specific laws related to pricing in New Mexico. The Price Discrimination Act [2.1] prohibits price discrimination, which is the practice of charging different prices to different purchasers of commodities of like grade and quality. However, this section does not prevent price changes in response to changing conditions affecting the market or marketability of goods. It is also unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares or merchandise [2.4].
There are no specific requirements for offering discounts or promotions in New Mexico, but you should ensure that they comply with all applicable laws and regulations. If you violate pricing laws in New Mexico, the attorney general of the state of New Mexico or the district attorney of the district in which the violation occurs or a private citizen may bring an action in the name of the state against you to restrain and prevent any violation of the law [5.2].
In summary, to offer discounts or promotions without violating pricing laws in New Mexico, you should ensure that they comply with all applicable laws and regulations, including the Price Discrimination Act and the prohibition on commissions and brokerages.
Source(s):
- [2.1] Discrimination unlawful.
- [5.2] Injunctions to prevent violation.
- [2.4] Commissions and brokerages unlawful.
Jurisdiction
New Mexico