As used in Sections 30-16-25 through 30-16-38 NMSA 1978:

A. "cardholder" means the person or organization identified on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer;

B. "credit card" means:

(1) any instrument or device, whether known as a credit card, credit plate, charge card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in consideration of an undertaking or guarantee by the issuer of the payment of a check drawn by the cardholder; or

(2) a credit card account number;

C. "expired credit card" means a credit card which shows on its face that it is outdated;

D. "issuer" means the business organization or financial institution, or its duly authorized agent, which issues a credit card;

E. "participating party" means a business organization, or financial institution, other than the issuer, which acquires for value a sales slip or agreement;

F. "sales slip or agreement" means any writing evidencing a credit card transaction;

G. "merchant" means every person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by a cardholder;

H. "incomplete credit card" means a credit card upon which a part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not been stamped, embossed, imprinted or written on it;

I. "revoked credit card" means a credit card for which the permission to use has been suspended or terminated by the issuer, and notice thereof has been given to the cardholder; and

J. "anything of value" includes money, goods and services.

History: 1953 Comp., § 40A-16-24, enacted by Laws 1971, ch. 239, § 1; 1999, ch. 17, § 1.

Cross references. — For fraudulently obtaining telecommunications services, see 30-33-12 to 30-33-14 NMSA 1978.

For the Credit Card Act, see 56-4-1 NMSA 1978.

Repeals and reenactments. — Laws 1971, ch. 239, § 15, repealed 40A-16-24, 1953 Comp., relating to definitions regarding credit cards, and Laws 1971, ch. 239, § 1, enacted a new section.

The 1999 amendment, effective July 1, 1999, updated statutory references, and in Subsection B added the Paragraph (1) designation and added Paragraph (2).

Definition of credit card. — An electronic benefits transfer (EBT) card issued to a public assistance recipient is not a credit card under Section 30-16-33 NMSA 1978, State v. Martinez, 2001-NMCA-099, 131 N.M. 254, 34 P.3d 643.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.