No agent shall:

A. make or cause to be made any statement or representation, oral, written or visual, in connection with the offering or publicizing of a course if the agent knows or reasonably should know the statement or representation to be false, deceptive, substantially inaccurate or misleading;

B. promise or guarantee employment utilizing information, training or skill purported to be provided or otherwise enhanced by a course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of not less than ninety days in a business or other enterprise regularly conducted by him in which such information, training or skill is a normal condition of employment; or

C. do any act constituting part of the conduct or administration of a course, or the obtaining of students therefor, if the agent knows or reasonably should know that any phase or incident in the conduct or administration of the course is being carried on by the use of fraud, deception or other form of misrepresentation or by any agent soliciting students without a registration.

History: 1953 Comp., § 73-41-4, enacted by Laws 1971, ch. 304, § 4; 1994, ch. 108, § 23.

Cross references. — For misrepresenting permit as approval, see 21-24-5 NMSA 1978.

The 1994 amendment, effective July 1, 1994, substituted "should know" for "should have known" near the end of Subsection A.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 37 Am. Jur. 2d Fraud and Deceit § 77.

Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.

37 C.J.S. Fraud § 2.