{"meta":{"key":"s_nm--pass-01","task":"S_NM","title":"SNM New Mexico provider market access and consumer fees","parent_title":"New Mexico debt and debt relief law","edition":"pass-01","path":"/research/s_nm--pass-01/","kind":"split_pass","category":"state","role":"state","area_numbers":[66],"groups":["collections"],"date":"2026-10-25","tables":13,"claims":41,"sources":25,"review_status":"revise","review_complete":true,"sha256":"60400d6e11f9bb7dd70d3372b3bdc006c53f0216eb42b4e435d8c8e031550fc6","headings":["Bottom-line disposition","1. How New Mexico classifies debt adjustment, settlement, DMP, credit counseling, and related conduct","1.1 Operative classification elements","1.2 Model-by-model classification","1.3 Consumer versus business purpose","2. Prohibited, licensed, registered, authorized, or exempt?","2.1 Covered debt adjusting is prohibited, not ordinarily licensed","2.2 Exact statutory exclusions and failure cases","2.3 Institutional exclusions","2.4 Collection-agency licensing is a separate legal track","3. State fee structures, limits, indexing, refunds, and credits","3.1 No current Debt Adjusters Act fee schedule was found","3.2 Fee treatment by category","3.3 The failed Uniform Debt-Management Services Act must not be used","3.4 Refunds and return of funds","4. When fees may be requested or received","4.1 New Mexico state timing","4.2 Conditional federal TSR debt-relief timing","4.3 Dedicated account conditions","4.4 TSR coverage qualifications","4.5 Separate credit-improvement and CROA overlap","5. Regulator permission, lookup, application, and public market access","5.1 Enforcement authority","5.2 Financial Institutions Division materials","5.3 Market-access conclusion","6. Worked fee and boundary examples","7. Component boundary and next investigations","B1. New Mexico law, legislative history, and judicial authority","B2. Adjacent regulation and current regulator materials","B3. Conditional federal fee and marketing overlap","C1. Classification and scope claims","C2. Permission and exclusion claims","C3. State fee, timing, and remedy claims","C4. Conditional federal claims","Example E1 — Custodial principal-reduction program","Example E2 — Proportional fee after one partial resolution","Example E3 — Lower-debt savings calculation","Example E4 — Previous fee exceeds the amount earned on the first resolved debt","Example E5 — Direct-pay, noncustodial settlement","Example E6 — Creditor’s no-cost settlement versus debtor fee","Example E7 — Claimed nonprofit DMP","Example E8 — Attorney-connected program","Example E9 — Advance fee before any settlement","Example E10 — Dedicated-account withdrawal","Actually read and checked","Not read or not established","Method limitations and integrity statement"],"generation_provenance":{"actual_route":"regular_chat_adaptive_models","actual_model":"GPT-5.6 Sol","actual_mode":"Pro","provenance_limit":"Actual documented capture labels only; missing labels remain unknown. No preferred setting is inferred as actual execution."},"public_id":"S_NM/pass-01","facets":{"geography":["us","us-nm"],"debt_type":[],"stage":["repossession"],"subject":["fees-outcomes","provider-licensing"]},"scope":"Fresh NewMexico provider-access/fees component only; all broader state categories remain required","pending_corrections":0},"markdown":"# S_NM PASS-01 — New Mexico provider market access and consumer fees\n\n**Actual research/access date:** October 24, 2026, Pacific time.\n**Execution:** Regular Chat using GPT-5.6 Sol Pro as the owner-authorized quality fallback; public web research only. No Deep Research, Work, Chrome control, APIs, purchases, applications, contacts, account changes, private borrower data, other chats, local writes, or publication actions.\n\n**Component boundary:** This is only the New Mexico provider-access and consumer-fee component. It does not constitute acceptance of the full New Mexico dossier, A066, or any broader launch decision.\n\n## Bottom-line disposition\n\nThe best-supported current reading is that New Mexico still has its short 1965 **Debt Adjusters Act, NMSA 1978 §§56-2-1 through 56-2-4**. It is structured as a **prohibition with narrow exclusions**, not as an ordinary licensing statute:\n\n1. A compensated intermediary that negotiates, settles, compounds, or otherwise changes an individual debtor’s payment terms **and receives—or offers a role in receiving—debtor property for payment or distribution to creditors** is at serious risk of being a prohibited “debt adjuster.”\n2. No current New Mexico debt-adjuster license, registration, application, public registry, fee schedule, bond schedule, or inflation-adjustment notice was found.\n3. A conventional for-profit **custodial debt-settlement or custodial DMP model has no established lawful New Mexico fee pathway** unless the provider itself fits a precise statutory exclusion.\n4. A genuinely **noncustodial, direct-to-creditor model** presents a material unresolved boundary because the statute’s definition includes a receipt-of-property element. It is not safe to convert that uncertainty into authorization.\n5. The nonprofit and attorney provisions are entity-specific exclusions. A nonprofit label, 501(c) status alone, attorney referral, attorney ownership, or “attorney-backed” marketing does not establish that a separate provider is excluded.\n6. The registration, fee, bond, refund, and indexing provisions sometimes associated with a New Mexico Uniform Debt-Management Services Act came from **2013 SB 432, which failed**. They are not current New Mexico law.\n7. Federal TSR timing may still govern a telemarketed noncustodial debt-relief program, but federal timing compliance does not legalize a model prohibited by New Mexico law.\n\nThe official New Mexico Legislature directs users to the official OneSource compilation, but that live route was inaccessible through the public research tool. Current status is therefore supported by the 2025 codification mirror, the September 12, 2024 federal decision applying the Act, the verified failure of the proposed replacement statute, and bounded negative checks of the 2025 and 2026 final legislative subject indexes—not by a successfully opened official current OneSource section. That limitation remains material. [New Mexico Legislature+5](https://www.nmlegis.gov/)\n\n# A. Substantive answers\n\n## 1. How New Mexico classifies debt adjustment, settlement, DMP, credit counseling, and related conduct\n\n### 1.1 Operative classification elements\n\nSection 56-2-1 supplies a conjunctive, activity-based definition. A “debt adjuster” is a covered person only when the material elements below are present:\n\n| Element | Current text-based rule | Consequence |\n| --- | --- | --- |\n| Covered provider | “Person” includes an individual, partnership, corporation, and association. | Marketing label is irrelevant; the provider’s legal and operational role controls. |\n| Compensation | The person acts or offers to act **for consideration**. | Truly gratuitous conduct may fall outside the definition; the statute does not say consideration must come directly from the debtor. |\n| Intermediary role | The provider acts between the debtor and creditors. | Education directed only to the consumer is different from communicating or negotiating with creditors. |\n| Objective | The purpose is settling, compounding, or otherwise altering debt-payment terms. | Principal reduction is covered, but so are interest reductions, fee waivers, maturity changes, installment changes, and other concessions. |\n| Custody/payment role | To that end, the person receives money or property from or on behalf of the debtor for payment or distribution to creditors. | This is the central unresolved boundary for direct-pay/noncustodial models. |\n| Debtor | The debtor is an individual, including jointly or severally liable individuals. | A corporation or LLC owing its own debt is not textually a “debtor”; an individual’s business-purpose debt is not expressly excluded. |\n\nThese elements come from §56-2-1(A)-(C). The definition does not use the terms “consumer debt,” “personal, family or household,” “debt settlement company,” or “credit counselor.” It instead looks to the functions actually performed. **Claims C001-C006, C039-C041.** [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/)\n\n### 1.2 Model-by-model classification\n\n| Business model | New Mexico result for this pass | Reason and qualification | Claim IDs |\n| --- | --- | --- | --- |\n| For-profit principal-reduction settlement; provider receives accumulated funds and pays creditors | **Covered and prohibited absent an exact exclusion** | Compensated intermediary, alteration of terms, and receipt/distribution are all present. | C004, C009, C023 |\n| For-profit DMP negotiating lower rates/payments and collecting one monthly payment for creditors | **Covered and prohibited absent an exact exclusion** | “In anywise altering” reaches concessions other than principal reduction; custody satisfies the receipt element. | C005, C009 |\n| Provider negotiates settlement, but consumer pays each creditor directly; provider never receives, controls, or offers to transmit creditor-payment money | **Unresolved/held** | Alteration and consideration exist, but the statutory receipt element is not plainly present. No controlling New Mexico appellate decision resolving this model was found. | C006, C040 |\n| Provider openly collects only its service fee, while the consumer pays creditors directly | **Unresolved/held** | A service fee supplies consideration, but it is not necessarily money received “for payment to” creditors. The distinction must be preserved. | C006, C039, C040 |\n| Provider tells the consumer it will receive and forward creditor payments, even if it later keeps the money as fees | **Strong coverage risk** | *Hendricks* held at the pleading stage that an offered intermediary/payment role could be sufficient even where the provider allegedly retained the funds. | C008, C032 |\n| Budget education, debt inventory, general financial education, or software with no creditor negotiation and no receipt of creditor-payment funds | **Outside the definition on the present text** | It lacks the creditor-intermediary and/or payment-alteration elements. Drift into creditor negotiation changes the result. | C007 |\n| Payment processor forwarding contractual payments under unchanged terms, without negotiating concessions | **Not clearly covered by this Act** | Receipt is present, but the statutory purpose of settling, compounding, or altering terms may be absent. Money-transmission, escrow, or collection laws remain open. | C007, C019 |\n| Qualifying nonprofit custodial DMP | **Conditionally excluded** | The entity must be a nonprofit corporation organized as a community effort to assist debtors. The text does not say that every nonprofit or every 501(c)(3) qualifies. | C017 |\n| Creditor or genuine agent of creditors adjusting debts at no cost to the debtor | **Conditionally excluded** | Debtor cost defeats this particular exclusion unless another exclusion applies. | C015, C026 |\n| Consolidation lender arranging/making a loan and disbursing proceeds | **Conditionally excluded** | Must act at the debtor’s request and receive no compensation for debt-adjustment services. Separate loan interest and lending charges were not analyzed. | C016, C026 |\n| New Mexico-admitted attorney | **Excluded by the Act’s text** | The express condition is admission to practice in New Mexico. The exclusion does not expressly extend to a separate nonlawyer affiliate, marketer, processor, lead generator, or management company. | C012 |\n| Debtor’s regular full-time employee adjusting the employer’s debts | **Excluded** | Does not establish an exclusion for an outsourced vendor or part-time contractor. | C013 |\n| Person acting under court order, judgment, or authority actually conferred by state or federal law | **Excluded to that extent** | A separate license or a general corporate authorization is not automatically authority to perform prohibited debt adjusting. | C014 |\n| Corporate or LLC debtor | **Outside the definition of “debtor” on the text** | Section 56-2-1(C) says debtor means an individual. Other laws may apply. | C003 |\n| Individual debtor’s business-purpose obligation | **Textually plausible coverage; interpretive hold** | The Act says “any debts” of an individual and contains no personal-purpose limitation, unlike the Collection Agency Regulatory Act. No controlling interpretation was found. | C003, C041 |\n| Remote provider serving a New Mexico resident | **Significant New Mexico nexus risk; exact test unresolved** | Section 56-2-2 says “in this state.” *Hendricks* applied the Act at the pleading stage to allegations involving a California company’s services to a New Mexico resident, but did not establish a comprehensive territorial test. | C009, C032 |\n| Consumer-owned, independently administered dedicated account | **Fact-sensitive hold** | Federal TSR account conditions do not decide whether the provider “receives” property under New Mexico law. Control, affiliation, representations, and payment authority matter. | C006, C030, C032 |\n\nThe September 12, 2024 *Hendricks v. Alum Financial* order is useful but limited. It is a federal district-court pleading decision, not controlling New Mexico appellate authority. The court accepted pleaded allegations as true and dismissed claims only as to Debt Pay Pro. It did not enter a merits judgment against Alum or establish a universal rule for noncustodial providers. [GovInfo+3](https://www.govinfo.gov/app/details/USCOURTS-nmd-1_21-cv-00798/USCOURTS-nmd-1_21-cv-00798-0)\n\n### 1.3 Consumer versus business purpose\n\nThe Debt Adjusters Act defines the **debtor by status—an individual—not by the purpose of the debt**. Thus:\n\n- An obligation owed solely by a corporation or LLC is outside this Act’s debtor definition.\n- An individual’s personal, family, household, or jointly owed debt is within the debtor definition.\n- An individual’s business-purpose debt is not expressly excluded because the statute says “any debts,” but no public controlling interpretation was located. That category remains held rather than conclusively included.\n\nThis contrasts with the separate Collection Agency Regulatory Act, whose “debt” definition is expressly confined to personal, family, or household transactions. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/)\n\n## 2. Prohibited, licensed, registered, authorized, or exempt?\n\n### 2.1 Covered debt adjusting is prohibited, not ordinarily licensed\n\nSection 56-2-2 states that acting or offering to act as a debt adjuster in New Mexico is a misdemeanor. The four-section Act contains no license, registration, certificate, bond, administrator, application, fee schedule, or discretionary approval mechanism. Section 56-2-3 instead authorizes an Attorney General action for an injunction and potential receiver. **Claims C009, C018, C020-C025.** [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/)\n\nIt would therefore be incorrect to characterize New Mexico as a state where a covered for-profit debt-settlement company can simply obtain an ordinary debt-settlement license.\n\n### 2.2 Exact statutory exclusions and failure cases\n\n| Excluded category | Exact statutory condition | Common failure case |\n| --- | --- | --- |\n| Attorney | Attorney admitted to practice in New Mexico | Out-of-state attorney only; nonlawyer company merely associated with an attorney; separate affiliate collecting the fees |\n| Debtor employee | Regular, full-time employee of the debtor adjusting the employer’s debts | Outsourced debt-relief provider, independent contractor, or shared-services company |\n| Court/law authority | Acting under a court order or judgment, or authority conferred by New Mexico or federal law | Assuming a money-transmitter, lending, collection-agency, or corporate registration independently authorizes debt adjusting |\n| Creditor/creditor agent | Creditor or agent of one or more creditors, with adjustment services rendered without cost to debtor | Debtor pays setup, enrollment, monthly, success, platform, referral, or “administrative” charge for the adjustment service |\n| Loan arranger/lender | At debtor request, arranges or makes a loan, disburses proceeds toward debts, and takes no compensation for adjustment services | Charging a distinct negotiation/adjustment fee, or performing settlement without actually arranging/making the loan |\n| Nonprofit corporation | Organized as a community effort to assist debtors | Merely having nonprofit tax status; using a nonprofit front; contracting with a for-profit affiliate that performs the covered conduct |\n\nThese are the complete exclusions shown in §56-2-4. The no-cost and no-adjustment-compensation conditions attach specifically to the creditor-agent and lender exclusions; they are not general statewide fee caps. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/)\n\n### 2.3 Institutional exclusions\n\nThe Act does **not** expressly provide blanket exclusions for:\n\n- banks;\n- credit unions;\n- depository institutions;\n- money transmitters;\n- escrow companies;\n- trust companies;\n- collection agencies;\n- licensed lenders;\n- insurers; or\n- an entity merely registered in another state.\n\nA regulated institution might qualify under the court/law-authority or lender exclusion on specific facts, but its separate charter or license cannot be presumed to erase the Debt Adjusters Act. **Claim C018.** [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/)\n\n### 2.4 Collection-agency licensing is a separate legal track\n\nThe Collection Agency Regulatory Act defines collection agencies and separately excludes a nonprofit organization that, at debtors’ request, performs bona fide consumer credit counseling and assists liquidation by receiving and distributing payments. That exclusion:\n\n- is from the **collection-agency definition**;\n- does not itself create a debt-adjuster license;\n- does not enlarge §56-2-4’s nonprofit exclusion; and\n- does not authorize a for-profit settlement provider.\n\nThe operative NMAC rule is expressly scoped to New Mexico-licensed **collection agencies** and derives from the Collection Agency Regulatory Act, not the Debt Adjusters Act. Its licensing requirements and bond amounts are therefore not a debt-settlement market-access route. **Claims C019, C037.** [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/)\n\n## 3. State fee structures, limits, indexing, refunds, and credits\n\n### 3.1 No current Debt Adjusters Act fee schedule was found\n\nThe complete four-section Act contains:\n\n- no setup-fee cap;\n- no monthly-fee cap;\n- no settlement or success-fee percentage;\n- no per-debt fee;\n- no savings-based formula;\n- no aggregate cap;\n- no minimum-debt threshold;\n- no statutory inflation adjustment;\n- no regulator-issued adjusted-dollar notice;\n- no cancellation period;\n- no ordinary refund calculation; and\n- no earned-fee credit rule.\n\nFor a **covered, nonexcluded model**, the correct conclusion is not “New Mexico caps the fee at $0.” The correct conclusion is that **no lawful state fee pathway was established because the underlying covered activity is prohibited**. **Claims C022-C024.** [Justia Law+3](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/)\n\n### 3.2 Fee treatment by category\n\n| Category | New Mexico Debt Adjusters Act result |\n| --- | --- |\n| Covered, nonexcluded provider | No established lawful adjustment fee or service-performance path |\n| Creditor or creditor agent | Adjustment services must be without cost to debtor to remain within that exclusion |\n| Consolidation lender/loan arranger | No compensation for debt-adjustment services to remain within that exclusion |\n| New Mexico-admitted attorney | Act supplies no amount or timing cap; ethics, fee-sharing, UPL, advertising, TSR, CROA, and other-law questions remain open |\n| Qualifying nonprofit corporation | Act supplies no amount or timing cap; organizational qualification and other laws remain open |\n| Full-time employee or court/law-authorized person | Act contains no fee schedule; the source of authority and any separate fee rules control |\n| Noncustodial provider outside the definition | No New Mexico fee rule was established in this Act, but TSR, CROA, UPA, contract, lending, credit-services, or other law may independently regulate the fee |\n\n### 3.3 The failed Uniform Debt-Management Services Act must not be used\n\nOfficial 2013 legislative records identify SB 432’s Uniform Debt-Management Services Act—including registration, bond, fees, trust accounts, remedies, dollar adjustments, and repeal of §§56-2-1 through 56-2-4—as **failed**. Its proposed effective dates of January 1, 2014 and January 1, 2017 never became operative.\n\nThe official fiscal analysis also stated that, at that time, FID did not license or regulate debt-management companies and described the existing Act as not allowing for-profit businesses to conduct covered debt-management services. That fiscal analysis is historical explanatory material, not current legal permission. **Claim C021.** [New Mexico Legislature+4](https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf)\n\nAccordingly, any dated table that assigns New Mexico registration fees, setup/monthly limits, settlement percentages, surety bonds, trust-account duties, CPI adjustments, or automatic refunds from SB 432 must be marked **never enacted**, not “historical current law” and not “current adjusted amount unknown.”\n\n### 3.4 Refunds and return of funds\n\nSection 56-2-3 does not create a routine consumer cancellation/refund formula. It permits a court, in an Attorney General action, to appoint a receiver and attempt to return debtor money or property received by the debt adjuster and not yet paid to creditors. That is an enforcement remedy with specified procedural predicates, not an automatic contractual refund right. **Claim C025.** [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/)\n\n## 4. When fees may be requested or received\n\n### 4.1 New Mexico state timing\n\nThe Debt Adjusters Act does not contain an “earned fee” event. It prohibits acting or offering to act as a covered debt adjuster. Consequently:\n\n- no settlement acceptance;\n- no creditor payment;\n- no consumer deposit;\n- no completed counseling session;\n- no elapsed period; and\n- no successful result\n\ncreates a state-law fee entitlement for a covered, nonexcluded provider.\n\nThe statute’s use of “for consideration” is a classification element, not a fee-timing permission. **Claims C002, C009, C023-C024.** [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/)\n\n### 4.2 Conditional federal TSR debt-relief timing\n\nWhere the federal Telemarketing Sales Rule applies, a debt-relief seller or telemarketer may not request or receive its fee for a debt until:\n\n1. the provider has renegotiated, settled, reduced, or otherwise altered at least one debt under a valid agreement executed by the customer; **and**\n2. the customer has made at least one payment under that agreement.\n\nWhen debts are resolved individually, the fee must either:\n\n- bear the same proportional relationship to the total program fee that the resolved debt bore to all enrolled debt when enrolled; or\n- use the same savings percentage for every debt, where savings equals the enrolled amount minus the amount actually paid to satisfy that debt.\n\nThe TSR’s “debt relief service” definition reaches represented changes to unsecured debt terms and does not depend on the provider receiving creditor-payment funds. Thus, a direct-pay noncustodial program that falls outside or near the edge of the New Mexico definition may still fall within the TSR. **Claims C027-C029.** [eCFR+2](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2)\n\n### 4.3 Dedicated account conditions\n\nThe TSR permits requiring funds in a dedicated account only under specified conditions, including:\n\n- insured financial institution;\n- customer ownership of the funds and accrued interest;\n- independent, unaffiliated administrator;\n- no referral compensation between administrator and debt-relief service;\n- withdrawal at any time without penalty; and\n- return of all funds other than properly earned fees within seven business days after the customer’s request.\n\nThis is not an advance-fee authorization and does not answer the New Mexico “receives money or property” question. **Claim C030.** [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n### 4.4 TSR coverage qualifications\n\nThe TSR requires a telemarketing plan, program, or campaign involving more than one interstate telephone call. Inbound calls responding to advertisements or direct mail concerning debt-relief services are specifically carved out of the ordinary inbound-call exemptions. Business-to-business calls are generally exempt, subject to enumerated exceptions. These provisions must be evaluated on actual acquisition and telephone practices; there is no universal TSR assumption. **Claim C031.** [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2)\n\nMost importantly, the TSR is a federal restriction on fee timing. It is not affirmative New Mexico authorization. A provider cannot cure the New Mexico prohibition by waiting until the federal performance trigger. **Claim C032.**\n\n### 4.5 Separate credit-improvement and CROA overlap\n\nA representation that the service will remove derogatory information or improve a credit history, record, or rating can implicate the TSR’s separate credit-improvement timing provision. That provision requires expiration of the represented service period and documentation from a consumer report issued more than six months after the represented result. It should not be substituted for the TSR debt-relief trigger unless the actual representation brings it into play. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\nCROA separately defines a credit repair organization by the express or implied purpose of improving a consumer’s credit record, history, or rating, for consideration using interstate commerce or mail. It excludes, among others, actual §501(c)(3) nonprofits, a creditor restructuring its own debt, and specified depository institutions and credit unions. A New Mexico “nonprofit corporation organized as a community effort” is not automatically the same thing as CROA’s §501(c)(3) exclusion. **Claim C034.** [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679a/)\n\nIf CROA applies:\n\n- no charge or receipt is allowed before the agreed service is fully performed; and\n- the consumer has a cancellation right through midnight of the third business day after execution.\n\nCROA generally preserves noninconsistent state law, so it is not a state-prohibition override. **Claim C035.** [U.S. Code+2](https://uscode.house.gov/us/usc/119-124/t15/s1679b/)\n\n## 5. Regulator permission, lookup, application, and public market access\n\n### 5.1 Enforcement authority\n\nThe Debt Adjusters Act names the **New Mexico Attorney General** as the official who may bring the state action for an injunction and receivership. It does not establish an administrator who registers debt-adjustment providers. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/)\n\n### 5.2 Financial Institutions Division materials\n\nThe current FID pages list the categories it regulates, including banks, collection agencies, credit unions, escrow companies, money-services businesses, mortgage companies, motor-vehicle sales finance companies, small-loan companies, trust companies, and certain cemetery arrangements. Debt adjusters or debt-settlement providers are not listed as a licensable category. [NM RLD+1](https://www.rld.nm.gov/financial-institutions/)\n\nThe current forms page likewise contains no debt-adjuster or debt-management provider application. [NM RLD](https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/)\n\nThe online-services page says NMLS apply/renew/verify functionality covers mortgage entities, collection agencies and related licensees, repossession companies, motor-vehicle sales finance companies, and money-services businesses. It does not identify a debt-adjuster credential. [NM RLD](https://www.rld.nm.gov/about-us/public-information-hub/online-services/)\n\nFID’s “Consumer Credit Counseling” entry appears under a **Helpful Links** page that expressly includes institutions outside FID’s jurisdiction and industry-association information. It is not an application, certificate, license, or authorization. [NM RLD](https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/)\n\n### 5.3 Market-access conclusion\n\n| Verification question | Result |\n| --- | --- |\n| Current debt-adjuster license category found? | **No** |\n| Current provider registration application found? | **No** |\n| Current debt-adjuster public registry found? | **No** |\n| Current debt-adjuster NMLS category found? | **No** |\n| Current statutory administrator authorized to approve providers? | **No** |\n| Attorney General enforcement authority found? | **Yes** |\n| Collection-agency licensing route found? | **Yes, but legally distinct and not curative** |\n| Named-provider authorization established? | **No; no such inference was made** |\n| SettleADebt.com launch authorization established? | **No** |\n\nThe absence of a website category alone would not prove prohibition. Here it is corroborative of a statute that expressly prohibits covered conduct and contains no licensing mechanism. **Claim C020.**\n\nA named provider may still need other credentials if it separately performs collection, money transmission, lending, escrow, or another regulated activity. Those credentials would not by themselves authorize debt adjusting.\n\n## 6. Worked fee and boundary examples\n\nThe examples in Section D below use only verified statutory or federal structures. None invents a New Mexico debt-adjuster license or treats a federal fee calculation as state permission.\n\n## 7. Component boundary and next investigations\n\nThis pass resolves the core prohibition, classification elements, exclusions, lack of a current state fee schedule, failed-bill contamination, public licensing procedure, and conditional federal timing.\n\nIt does not close:\n\n- full agreements and disclosures;\n- escrow, dedicated-account, trust, or money-transmission analysis;\n- collection-agency overlap beyond the narrow boundary above;\n- bonds under other licenses;\n- full criminal, UPA, restitution, private-action, aiding-and-abetting, or other remedies;\n- limitations periods;\n- secured debts;\n- mortgage, student-loan, tax, medical, or other sector-specific laws;\n- local or tribal law;\n- attorney ethics, fee sharing, unauthorized practice, or advertising;\n- full case-law and citator review;\n- contract enforceability;\n- named-provider status under other regulatory regimes; or\n- entity-specific nonprofit qualification.\n\nThose remain open in the coverage table.\n\n# B. Source table\n\nAll sources were accessed October 24, 2026 PT unless the row says otherwise.\n\n## B1. New Mexico law, legislative history, and judicial authority\n\n| Source ID | Title / issuer | Direct literal URL | Pinpoint, status, and limitation |\n| --- | --- | --- | --- |\n| **S_NM-P1-S001** | New Mexico Legislature official-laws gateway / New Mexico Legislature | https://www.nmlegis.gov/ and linked official route https://nmonesource.com/nmos/en/nav.do | Legislature page lines 3 and 9 identifies Oct. 24, 2026 and links “New Mexico Official Laws.” Linked OneSource route was inaccessible through this tool. Current official codification therefore not directly read. [New Mexico Legislature](https://www.nmlegis.gov/) |\n| **S_NM-P1-S002** | NMSA 1978 §56-2-1, Definitions / 2025 Justia codification mirror | https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/ | Lines 58-64: complete definition and enactment history. Secondary mirror; page warns official sources may be more current. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) |\n| **S_NM-P1-S003** | NMSA 1978 §56-2-2, Prohibition; penalty / 2025 Justia mirror | https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/ | Lines 58-59: acting or offering as debt adjuster in the state is a misdemeanor. Secondary current mirror. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/) |\n| **S_NM-P1-S004** | NMSA 1978 §56-2-3, Injunction / 2025 Justia mirror | https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/ | Lines 57-58: Attorney General action, injunction, and possible receiver for undistributed debtor funds/property. Secondary current mirror. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/) |\n| **S_NM-P1-S005** | NMSA 1978 §56-2-4, Exemptions / 2025 Justia mirror | https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/ | Lines 57-58: complete exclusion list. Secondary current mirror. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) |\n| **S_NM-P1-S006** | 2025 Final Subject Index / New Mexico Legislative Council Service | https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf | Final 2025 session index, 49 pages. Exact searches for “debt adjuster,” “debt settlement,” “debt-management,” “56-2-1,” and “credit counseling” returned no matches. Bounded negative check only; not a substitute for official codification. [New Mexico Legislature+5](https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf) |\n| **S_NM-P1-S007** | 2026 Final Subject Index / New Mexico Legislative Council Service | https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf | Final 2026 session index. Exact searches for the same material terms returned no matches. Bounded negative currentness check only. [New Mexico Legislature+4](https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf) |\n| **S_NM-P1-S008** | 2013 Index to Bills, Memorials, Resolutions and Substitutes / New Mexico Legislative Council Service | https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills,%20memorials,%20resolutions%20and%20substitutes.pdf | PDF page 90, parsed lines 7481-7542: Uniform Debt-Management Services Act subjects and “SB 432 (failed).” Official historical status. [New Mexico Legislature+2](https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf) |\n| **S_NM-P1-S009** | 2013 SB 432 bill text / New Mexico Legislature | https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML | Proposed §§41-43, lines 843-850: repeal of §§56-2-1–4 and proposed delayed effective dates. Never operative because S008 records bill as failed. [New Mexico Legislature](https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML) |\n| **S_NM-P1-S010** | Fiscal Impact Report for 2013 SB 432 / New Mexico Legislature | https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF | PDF page 3: historical RLD statement that FID did not license/regulate debt-management companies and description of existing prohibition. Historical policy/agency commentary, not current controlling law. [New Mexico Legislature](https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF) |\n| **S_NM-P1-S011** | *Hendricks v. Alum Financial, LLC*, No. 21-cv-798, memorandum opinion and order / U.S. District Court, District of New Mexico, GovInfo | https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf | Filed Sept. 12, 2024. PDF pp. 1-3 and 5-7: New Mexico resident allegations, statute, intermediary/payment representations, and offered-role reasoning. Federal district court; Rule 12(b)(6); not controlling NM appellate authority or final merits adjudication. [GovInfo+2](https://www.govinfo.gov/app/details/USCOURTS-nmd-1_21-cv-00798/USCOURTS-nmd-1_21-cv-00798-0) |\n\n## B2. Adjacent regulation and current regulator materials\n\n| Source ID | Title / issuer | Direct literal URL | Pinpoint, status, and limitation |\n| --- | --- | --- | --- |\n| **S_NM-P1-S012** | NMSA 1978 §61-18A-2, Collection Agency Regulatory Act definitions / 2025 Justia mirror | https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/ | Lines 62-85: collection-agency definition, nonprofit credit-counseling exclusion, and personal/family/household debt definition. Separate statute; secondary mirror. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/) |\n| **S_NM-P1-S013** | 12.24.2 NMAC, Collection Agency Regulatory Act / New Mexico State Records Center and Archives | https://www.srca.nm.gov/parts/title12/12.024.0002.html | §§12.24.2.1-.6, lines 4-35: FID issuing agency; scope limited to licensed collection agencies; statutory authority Laws 1987, ch. 252. Current official NMAC page; not a debt-adjuster rule. [State Records Center & Archives](https://www.srca.nm.gov/parts/title12/12.024.0002.html) |\n| **S_NM-P1-S014** | Financial Institutions Division overview / New Mexico RLD | https://www.rld.nm.gov/financial-institutions/ | Lines 64-101: FID mission and enumerated regulated industries. Current operational material; procedure, not substitute for substantive law. [NM RLD](https://www.rld.nm.gov/financial-institutions/) |\n| **S_NM-P1-S015** | Who We Regulate / New Mexico RLD FID | https://www.rld.nm.gov/financial-institutions/who-we-regulate/ | Lines 64-96 and 103-135: regulated categories; no debt-adjuster category. Current operational page; negative listing is corroborative, not independently dispositive. [NM RLD](https://www.rld.nm.gov/financial-institutions/who-we-regulate/) |\n| **S_NM-P1-S016** | Forms and Applications / New Mexico RLD FID | https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/ | Lines 64-135: available licensing categories; no debt-adjuster application. Current procedural material. [NM RLD](https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/) |\n| **S_NM-P1-S017** | Online Services / New Mexico RLD | https://www.rld.nm.gov/about-us/public-information-hub/online-services/ | Lines 213-224: FID NMLS and other apply/renew/verify categories; no debt-adjuster credential. Current procedural material. [NM RLD](https://www.rld.nm.gov/about-us/public-information-hub/online-services/) |\n| **S_NM-P1-S018** | Helpful Links / New Mexico RLD FID | https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/ | Lines 94-96 explain page includes institutions outside FID jurisdiction; lines 187-199 place “Consumer Credit Counseling” under industry links. Not permission or licensure. [NM RLD](https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/) |\n\n## B3. Conditional federal fee and marketing overlap\n\n| Source ID | Title / issuer | Direct literal URL | Pinpoint, status, and limitation |\n| --- | --- | --- | --- |\n| **S_NM-P1-S019** | 16 CFR §310.2, TSR definitions / eCFR | https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2 | §310.2(n)-(o), lines 131-132; §310.2(hh)-(ii), lines 167-169. eCFR current through Oct. 22, 2026; authoritative but unofficial. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2) |\n| **S_NM-P1-S020** | 16 CFR §310.4, abusive telemarketing acts / eCFR | https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4 | Lines 106-131: credit-improvement timing, debt-relief fee triggers, allocation formulas, dedicated accounts, seven-business-day return. Current through Oct. 22, 2026. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) |\n| **S_NM-P1-S021** | 16 CFR §310.6, TSR exemptions / eCFR | https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6 | Lines 109-128: inbound-advertising debt-relief exceptions and B2B treatment. Current through Oct. 22, 2026. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6) |\n| **S_NM-P1-S022** | 15 U.S.C. §1679a, CROA definitions / U.S. House OLRC | https://uscode.house.gov/us/usc/119-124/t15/s1679a/ | Lines 15 and 24-45: current through Pub. L. 119-124, Oct. 15, 2026; definition and exclusions. [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679a/) |\n| **S_NM-P1-S023** | 15 U.S.C. §1679b, CROA prohibited practices / U.S. House OLRC | https://uscode.house.gov/us/usc/119-124/t15/s1679b/ | Lines 47-48: no charge or receipt before agreed service is fully performed. Current through Oct. 15, 2026. [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679b/) |\n| **S_NM-P1-S024** | 15 U.S.C. §1679e, CROA cancellation / U.S. House OLRC | https://uscode.house.gov/us/usc/119-124/t15/s1679e/ | Lines 22-36: cancellation through midnight of third business day and notice/copy requirements. [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679e/) |\n| **S_NM-P1-S025** | 15 U.S.C. §1679j, relation to state law / U.S. House OLRC | https://uscode.house.gov/us/usc/119-124/t15/s1679j/ | Lines 20-22: state law preserved except to extent inconsistent. [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679j/) |\n\n# C. Claim table\n\n## C1. Classification and scope claims\n\n| Claim ID | Precise assertion | Authority and pinpoint | Conditions, limits, and confidence |\n| --- | --- | --- | --- |\n| **S_NM-P1-C001** | The best-supported current New Mexico Debt Adjusters Act remains §§56-2-1 through 56-2-4. | S002-S005; S011 pp. 2-3; S006-S007 bounded currentness checks. [Justia Law+4](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | **High, not absolute.** Official OneSource section was inaccessible, so current official codification is held under S001. |\n| **S_NM-P1-C002** | Covered status requires compensated intermediary conduct aimed at settling, compounding, or otherwise altering debt-payment terms and, to that end, receipt of debtor property for creditor payment/distribution. | S002 §56-2-1(B), lines 58-62. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High textual confidence. Application to novel account architecture remains fact-sensitive. |\n| **S_NM-P1-C003** | “Debtor” means an individual; corporate/LLC debtor obligations are outside this definition, while individual business-purpose debt is not expressly excluded. | S002 §56-2-1(C), lines 61-62. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High for entity debtor exclusion; medium/held for individual business-purpose debt because no interpretation was located. |\n| **S_NM-P1-C004** | A compensated principal-reduction provider that takes debtor funds for creditor payments satisfies the core definition. | S002 §56-2-1(B). [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High, absent a §56-2-4 exclusion. |\n| **S_NM-P1-C005** | A custodial DMP negotiating interest, fees, payment amounts, or other concessions can be covered even without principal forgiveness. | S002’s “in anywise altering” language and receipt element. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High textual inference; labels do not control. |\n| **S_NM-P1-C006** | Pure noncustodial/direct-pay negotiation is unresolved because the statute includes a creditor-payment receipt element. | S002 §56-2-1(B); S011 pp. 6-7 does not decide a genuinely noncustodial model. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | Material hold. No controlling NM appellate interpretation found. |\n| **S_NM-P1-C007** | Pure education without creditor intermediation, term alteration, or receipt of creditor-payment funds is outside the definition on its face. | S002 §56-2-1(B). [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High for the bounded facts; actual communications and authority must match. |\n| **S_NM-P1-C008** | Offering an intermediary/payment role can create coverage risk even if the provider does not actually forward the funds. | S011 pp. 6-7, parsed lines 151-174. [GovInfo](https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf) | Medium-high interpretive signal only; federal pleading decision, allegations assumed true. |\n| **S_NM-P1-C009** | Covered debt adjusting “in this state” is prohibited; an out-of-state provider serving a New Mexico resident faces significant nexus risk. | S003 lines 58-59; S011 pp. 1-3 and 6-7. [Justia Law+2](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/) | High for prohibition; medium/held for precise remote nexus test. |\n| **S_NM-P1-C010** | Marketing terms such as settlement, DMP, counseling, financial wellness, consolidation, or legal program do not determine coverage. | Functional definition in S002. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High textual inference. |\n| **S_NM-P1-C039** | “Consideration” is not expressly limited to a direct debtor payment. | S002 §56-2-1(B); S005 separately limits creditor-agent exclusion to no debtor cost. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | Medium. Indirect referral, affiliate, and creditor-paid arrangements require fact-specific analysis. |\n| **S_NM-P1-C040** | A provider service fee is not automatically the same as money received for payment or distribution to creditors. | S002 §56-2-1(B); S011’s represented creditor-payment facts. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | Material distinction; exact noncustodial treatment held. |\n| **S_NM-P1-C041** | The Debt Adjusters Act lacks the personal/family/household limitation present in the Collection Agency Regulatory Act. | S002 §56-2-1(C); S012 §61-18A-2(F), lines 83-85. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High textual comparison; application to individual business debt remains held. |\n\n## C2. Permission and exclusion claims\n\n| Claim ID | Precise assertion | Authority and pinpoint | Conditions, limits, and confidence |\n| --- | --- | --- | --- |\n| **S_NM-P1-C011** | Section 56-2-4 contains six exclusion categories rather than a licensing program. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High. |\n| **S_NM-P1-C012** | Attorney exclusion requires admission to practice in New Mexico; no text extends it automatically to a separate nonlawyer provider. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High for express condition; affiliate and fee-sharing issues remain later-pass questions. |\n| **S_NM-P1-C013** | Employee exclusion requires a regular full-time employee adjusting the employer-debtor’s debts. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High; outsourced vendors not established. |\n| **S_NM-P1-C014** | Court/law-authority exclusion requires an actual order, judgment, or authority conferred by state or federal law. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High; separate licensure is not presumed sufficient. |\n| **S_NM-P1-C015** | Creditor or creditor-agent exclusion is conditional on adjustment services being rendered without cost to the debtor. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High. |\n| **S_NM-P1-C016** | Loan-arranger/lender exclusion requires debtor request, loan arrangement or origination, disbursement of proceeds, and no compensation for adjustment services. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High; separate lending charges not analyzed. |\n| **S_NM-P1-C017** | Nonprofit exclusion is limited to nonprofit corporations organized as a community effort to assist debtors. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High textual confidence; exact organizational/factual test and entity qualification remain open. |\n| **S_NM-P1-C018** | The Act contains no blanket institutional exclusion for banks, credit unions, collection agencies, lenders, money transmitters, escrow companies, or trust companies. | Complete S005 exclusion list. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High as to express text; other-law authority must be analyzed separately. |\n| **S_NM-P1-C019** | Collection-agency licensing and its nonprofit credit-counseling exclusion are legally distinct from debt-adjuster authorization. | S012 §61-18A-2(C)(5); S013 §§12.24.2.2-.6. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/) | High. |\n| **S_NM-P1-C020** | No current debt-adjuster application, registry, NMLS credential, or FID licensing category surfaced in the official current pages reviewed. | S014-S018. [NM RLD+4](https://www.rld.nm.gov/financial-institutions/) | High operational confidence; negative website evidence is corroborative, not independently conclusive. |\n| **S_NM-P1-C021** | 2013 SB 432’s registration, bond, fee, adjustment, and replacement-statute provisions never became law. | S008 p. 90 says SB 432 failed; S009 proposed repeal/effective-date provisions. [New Mexico Legislature+1](https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf) | High. |\n| **S_NM-P1-C037** | No operative NMAC debt-adjuster licensing rule was located; 12.24.2 NMAC is expressly a collection-agency rule. | S013 §§12.24.2.1-.6; bounded official-domain searches returned only unrelated uses of the terms. [State Records Center & Archives+3](https://www.srca.nm.gov/parts/title12/12.024.0002.html) | Medium-high bounded negative; not a substitute for a complete historical rulemaking docket. |\n\n## C3. State fee, timing, and remedy claims\n\n| Claim ID | Precise assertion | Authority and pinpoint | Conditions, limits, and confidence |\n| --- | --- | --- | --- |\n| **S_NM-P1-C022** | Current §§56-2-1–4 contain no dollar, percentage, monthly, setup, savings, per-debt, aggregate, or indexed fee cap. | Complete S002-S005. [Justia Law+3](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High, subject to S001 current-official-text hold. |\n| **S_NM-P1-C023** | A covered, nonexcluded provider has no established lawful New Mexico adjustment-fee pathway. | S003 prohibition, read with S002 definition and S005 exclusions. [Justia Law+2](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High for covered facts. This is not a numerical “$0 cap.” |\n| **S_NM-P1-C024** | The Act supplies no service-performance event after which a covered provider may charge, and no ordinary state cancellation period. | Complete S002-S005. [Justia Law+3](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/) | High. Other statutes may apply to excluded or out-of-definition models. |\n| **S_NM-P1-C025** | Return of undistributed debtor funds under §56-2-3 depends on an Attorney General action and court-appointed receiver; it is not an automatic consumer refund formula. | S004 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/) | High. |\n| **S_NM-P1-C026** | Zero debtor cost and zero debt-adjustment compensation are conditions of the creditor-agent and lender exclusions, respectively—not general fee caps. | S005 lines 57-58. [Justia Law](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/) | High. |\n| **S_NM-P1-C038** | The Act itself contains no express private right of action; *Hendricks* recognized that statutory absence, while other claims and remedies may exist. | S011 p. 3, lines 73-88. [GovInfo](https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf) | Limited to this Act; full UPA and remedies analysis expressly deferred. |\n\n## C4. Conditional federal claims\n\n| Claim ID | Precise assertion | Authority and pinpoint | Conditions, limits, and confidence |\n| --- | --- | --- | --- |\n| **S_NM-P1-C027** | TSR “debt relief service” reaches represented changes to unsecured-debt terms; telemarketing requires a qualifying telephone campaign. | S019 §310.2(o), (hh), (ii). [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2) | High; application depends on actual debt and acquisition-channel facts. |\n| **S_NM-P1-C028** | TSR debt-relief fees require an executed creditor agreement altering at least one debt and at least one customer payment under it. | S020 §310.4(a)(5)(i)(A)-(B). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | High if TSR applies. |\n| **S_NM-P1-C029** | Per-debt fees must use either the proportional enrolled-balance method or one constant savings percentage. | S020 §310.4(a)(5)(i)(C)(1)-(2). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | High if debts are individually resolved and TSR applies. |\n| **S_NM-P1-C030** | TSR dedicated-account treatment requires insured institution, customer ownership, independent administrator, no referral compensation, penalty-free withdrawal, and seven-business-day return of unearned funds. | S020 §310.4(a)(5)(ii)(A)-(E). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | High federally; not New Mexico authorization or a state-classification safe harbor. |\n| **S_NM-P1-C031** | Debt-relief inbound advertising and direct-mail calls do not receive the ordinary inbound exemptions; B2B calls are generally exempt subject to stated exceptions. | S021 §310.6(b)(5)-(7). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6) | High; actual channel facts required. |\n| **S_NM-P1-C032** | TSR compliance does not authorize conduct prohibited by New Mexico law. | State prohibition S003 plus TSR’s restrictive structure S019-S021. [Justia Law+1](https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/) | High legal-structure conclusion. |\n| **S_NM-P1-C033** | TSR credit-improvement timing is separate and applies only where the relevant credit-improvement representation is made. | S020 §310.4(a)(2). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | High; no universal application assumed. |\n| **S_NM-P1-C034** | CROA applies conditionally to paid services with an express or implied credit-improvement purpose and contains specific entity exclusions. | S022 §1679a(3). [U.S. Code](https://uscode.house.gov/us/usc/119-124/t15/s1679a/) | High federal rule; actual marketing and entity status control. |\n| **S_NM-P1-C035** | CROA prohibits advance fees before full performance, provides a three-business-day cancellation period, and generally preserves noninconsistent state law. | S023-S025. [U.S. Code+2](https://uscode.house.gov/us/usc/119-124/t15/s1679b/) | High if CROA applies. |\n| **S_NM-P1-C036** | Current New Mexico status is supported but not officially reproduced because the official OneSource text could not be opened. | S001; corroborating S002-S011. [New Mexico Legislature+1](https://www.nmlegis.gov/) | Express currentness limitation; no false claim of official-text authentication. |\n\n# D. Worked examples\n\nAll dollar results are rounded to the nearest cent. Federal calculations are **conditional illustrations only**; they do not create New Mexico permission.\n\n## Example E1 — Custodial principal-reduction program\n\n**Inputs**\n\n- Total enrolled debt: $20,000.00\n- Debt A enrolled balance: $5,000.00\n- Debt A settlement satisfaction amount: $3,000.00\n- Stated savings-fee rate: 25%\n- Provider receives or controls debtor funds for creditor payment\n- Provider is for-profit and no §56-2-4 exclusion is established\n\n**Operator**\n\n- Savings on Debt A = $5,000.00 − $3,000.00\n- Savings = $2,000.00\n- Conditional TSR fee = $2,000.00 × 25%\n\n**Intermediate and result**\n\n- $2,000.00 × 0.25 = **$500.00**\n\n**Legal result**\n\n- Under the New Mexico elements, this is a covered custodial model and no lawful state fee pathway has been established.\n- Even if the TSR applies and the creditor agreement plus first payment have occurred, the $500.00 calculation does not cure the New Mexico prohibition.\n- **New Mexico validated fee: none established.**\n**Conditional federal arithmetic only: $500.00.**\n\n## Example E2 — Proportional fee after one partial resolution\n\n**Inputs**\n\n- Debt A enrolled balance: $4,000.00\n- Debt B enrolled balance: $6,000.00\n- Total enrolled balance: $10,000.00\n- Total program fee stated for all debts: $2,000.00\n- Debt A alone has reached an executed agreement and received its first payment\n\n**Operator**\n\n- Debt A ratio = $4,000.00 ÷ $10,000.00 = 0.40\n- Conditional allocable fee = $2,000.00 × 0.40\n\n**Result**\n\n- **$800.00**\n\n**Legal result**\n\n- Under the TSR proportional method, no more than $800.00 is allocated to Debt A at this point, assuming all TSR prerequisites.\n- For a New Mexico covered, nonexcluded custodial provider, the state prohibition remains independently dispositive.\n\n## Example E3 — Lower-debt savings calculation\n\n**Inputs**\n\n- Enrolled debt: $1,000.00\n- Satisfaction payment: $700.00\n- Constant savings-fee rate: 20%\n\n**Operator**\n\n- Savings = $1,000.00 − $700.00 = $300.00\n- Fee = $300.00 × 0.20\n\n**Result**\n\n- **$60.00**\n\n**Legal result**\n\n- The smaller debt does not create a New Mexico de minimis exception.\n- $60.00 is only a conditional TSR calculation after the required agreement and payment; it is not a lawful New Mexico fee for a prohibited model.\n\n## Example E4 — Previous fee exceeds the amount earned on the first resolved debt\n\nUse the same balances as E2.\n\n**Inputs**\n\n- Conditional fee allocated to Debt A: $800.00\n- Provider previously collected: $1,200.00\n- Debt B has no executed alteration agreement and no payment under one\n\n**Operator**\n\n- Previously collected amount − conditionally earned amount\n- $1,200.00 − $800.00\n\n**Result**\n\n- **$400.00 conditionally unearned or premature under the TSR**\n\nIf the money is in a qualifying dedicated account and the customer withdraws, the customer must receive account funds other than properly earned fees within seven business days. That federal return rule does not transform the underlying New Mexico model into an authorized business.\n\n## Example E5 — Direct-pay, noncustodial settlement\n\n**Inputs**\n\n- Enrolled debt: $20,000.00\n- Provider negotiates with creditors\n- Consumer pays each creditor directly\n- Provider never receives, controls, or represents that it will transmit creditor-payment funds\n- Provider charges a $3,000.00 success fee\n\n**New Mexico classification**\n\n- Consideration: present.\n- Creditor intermediary role: present.\n- Alteration purpose: present.\n- Receipt of money for creditor payment: apparently absent.\n\n**Result**\n\n- **New Mexico classification and fee pathway held unresolved.**\n- No license scenario is invented.\n- If the service is sold through covered telemarketing, the TSR debt-relief timing rule can still apply because its debt-relief definition does not require custodial receipt.\n\n## Example E6 — Creditor’s no-cost settlement versus debtor fee\n\n**Scenario A**\n\n- Original creditor settles an $8,000.00 debt for $4,800.00.\n- No service or adjustment fee is charged to the debtor.\n\n**Result**\n\n- The creditor/no-cost exclusion may apply.\n- The $4,800.00 is the debt settlement payment, not a service fee.\n\n**Scenario B**\n\n- Same settlement, but creditor or its agent charges a separate $150.00 “adjustment fee” to the debtor.\n\n**Result**\n\n- The express “without cost to the debtor” condition is no longer established.\n- The $150.00 is not validated by the Debt Adjusters Act; another exclusion or separate authority would have to be proven.\n\n## Example E7 — Claimed nonprofit DMP\n\n**Inputs**\n\n- Monthly charge: $35.00\n- Program duration: 12 months\n- Total charge: $35.00 × 12 = **$420.00**\n- Entity describes itself as nonprofit\n\n**Result**\n\n- The arithmetic is $420.00.\n- The Debt Adjusters Act does not cap or affirmatively authorize that amount.\n- Before relying on §56-2-4, the actual provider must be shown to be a nonprofit corporation organized as a community effort to assist debtors.\n- IRS status or the word “nonprofit” alone does not complete that showing.\n- Other federal and state fee laws remain open.\n\n## Example E8 — Attorney-connected program\n\n**Inputs**\n\n- Flat fee: $1,500.00\n- A New Mexico-admitted attorney is involved\n- A separate nonlawyer company performs enrollment, negotiation, servicing, or fee collection\n\n**Result**\n\n- The Act excludes an attorney admitted in New Mexico.\n- It does not expressly say the separate company acquires the attorney’s exclusion.\n- The $1,500.00 amount and timing are not validated by this Act.\n- Attorney ethics, fee sharing, UPL, entity structure, advertising, CROA, and TSR require separate analysis.\n\n## Example E9 — Advance fee before any settlement\n\n**Inputs**\n\n- Provider collects $750.00 at enrollment.\n- No debt has been altered.\n- No creditor agreement has been executed.\n- No consumer payment has been made under a settlement or DMP.\n\n**Result**\n\n- Covered New Mexico custodial model: prohibited; no lawful fee pathway.\n- Covered TSR transaction: the entire **$750.00 is premature**.\n- If CROA applies, charging before full performance is independently prohibited.\n- The New Mexico Act does not supply an automatic three-day cancellation or refund. Section 56-2-3’s return mechanism requires an Attorney General action and receiver.\n\n## Example E10 — Dedicated-account withdrawal\n\n**Inputs**\n\n- Customer-owned dedicated-account balance: $3,000.00\n- Properly earned fee under the federal per-debt formula: $800.00\n- Customer requests withdrawal\n- Assume every §310.4(a)(5)(ii) institutional, ownership, independence, referral, and withdrawal condition is satisfied\n\n**Operator**\n\n- Returnable account funds = $3,000.00 − $800.00\n\n**Result**\n\n- **$2,200.00 must be returned within seven business days** under the conditional TSR rule.\n\n**New Mexico boundary**\n\n- If the provider’s representations, control rights, affiliates, or payment authority amount to receipt on the debtor’s behalf for creditor distribution, the state prohibition remains a serious issue.\n- If it is genuinely independent and noncustodial, classification remains held pending stronger New Mexico authority.\n\n# D2. Component coverage and gap table\n\n| Topic | Status in PASS-01 | Supporting claims | Exact remaining evidence or next investigation |\n| --- | --- | --- | --- |\n| Current Debt Adjusters Act text | **Partial/currentness-qualified** | C001, C036 | Obtain accessible official OneSource sections and complete official history for §§56-2-1–4, or a certified current compilation. |\n| Original enactment | **Partial** | C001 | Obtain an official scan of Laws 1965, ch. 80, §§1-4. Current mirrors and official later bills identify the enactment, but the original session-law pages were not obtained. |\n| Core definition | **Answered** | C002-C005 | Apply to final operating facts and contracts. |\n| Principal-reduction settlement | **Answered for custodial model** | C004, C009, C023 | Full remedies and entity-specific exclusions remain later. |\n| DMP/concession model | **Answered for custodial model** | C005 | Nonprofit entity qualification and other-law fees remain open. |\n| Noncustodial/direct-pay model | **Unresolved** | C006, C040 | Locate controlling NM appellate authority, AG opinion, regulator determination, or obtain an authorized model-specific legal opinion based on funds flow and representations. |\n| Independent dedicated account | **Partial** | C006, C030 | Analyze actual account contract, control, payment authority, affiliations, compensation, and New Mexico receipt doctrine. |\n| Pure education/counseling | **Answered at high level** | C007 | Review scripts, tools, creditor contacts, powers of attorney, and actual promises to prevent functional drift. |\n| Payment-only processing | **Partial** | C007, C019 | Analyze money-transmission, escrow, trust, and payment-processing statutes. |\n| Individual versus entity debtor | **Answered** | C003 | Entity guaranties and mixed obligations remain fact-specific. |\n| Individual business-purpose debt | **Unresolved** | C003, C041 | Search official annotations, appellate decisions, and AG materials for “any debts” and individual business debts. |\n| Remote-provider nexus | **Partial** | C009, C032 | Find controlling territorial-jurisdiction authority and analyze resident, contracting, communications, payment, and performance contacts. |\n| Prohibition versus license | **Answered** | C009, C020-C023 | Reconfirm against official OneSource current text. |\n| Statutory exclusions | **Answered textually** | C011-C018 | Conduct entity- and transaction-specific proof for any exclusion relied upon. |\n| Attorney exclusion | **Partial** | C012 | Analyze NM Rules of Professional Conduct, fee sharing, UPL, advertising, client relationship, trust accounts, and nonlawyer affiliates. |\n| Nonprofit exclusion | **Partial** | C017 | Review articles, bylaws, board/community structure, IRS status, program history, contracts, affiliates, compensation, and any official interpretation of “community effort.” |\n| Creditor/agent exclusion | **Answered textually** | C015, C026 | Determine actual agency, creditor funding, debtor charges, referral economics, and indirect costs. |\n| Loan-arranger exclusion | **Answered textually** | C016, C026 | Analyze actual loan authority, disbursement, separate lending fees, interest, and loan statutes. |\n| Institutional exclusions | **Answered as to express Act text** | C018 | Analyze federal/state preemption or specific enabling law for any institution claiming authority. |\n| Collection-agency boundary | **Partial** | C019, C037 | Full licensing, exclusions, collection conduct, creditor-side activity, and dual-role analysis remain open. |\n| Debt-adjuster application/registry | **Answered operationally** | C020 | Recheck if RLD creates a future category; no provider status was inferred. |\n| Current fee caps/indexing | **Answered for this Act** | C022-C023 | Review other potentially applicable laws for out-of-definition or excluded models. |\n| Historical UDMDA tables | **Answered as to 2013 SB 432** | C021 | Any other dated table must be source-traced individually; do not assume it derives only from SB 432. |\n| State fee timing | **Answered for covered model** | C023-C024 | Excluded/out-of-definition models require separate-law review. |\n| State cancellation/refund | **Partial** | C024-C025 | Full contract, UPA, restitution, voidness, and rescission analysis later. |\n| TSR definition and timing | **Answered conditionally** | C027-C032 | Determine actual calls, interstate nature, seller/telemarketer roles, debts, ad responses, inbound/outbound flow, and exemptions. |\n| TSR credit-improvement representations | **Answered conditionally** | C033 | Audit actual ads, scripts, sales calls, disclosures, and implied promises. |\n| CROA overlap | **Answered conditionally** | C034-C035 | Audit actual credit-improvement purpose, entity exclusions, contracts, disclosures, and performance. |\n| State debt-adjuster regulations | **Partial bounded negative** | C037 | Obtain complete historical rulemaking/adoption docket and confirm no withdrawn, stayed, or superseded rule has residual relevance. |\n| Controlling cases | **Partial** | C008, C032, C038 | Public search found *Hendricks* but no controlling NM appellate interpretation; conduct full citator and docket research in later case-law pass. |\n| Agreement requirements | **Excluded except timing overlap** | — | Full agreement/disclosure/e-signature/cancellation pass. |\n| Consumer funds/trust/escrow | **Excluded except classification and TSR account rule** | C006, C030 | Full funds-control, trust, escrow, money-transmitter, bankruptcy, and account-ownership pass. |\n| Bonds | **Open** | C021 | Current Act has no debt-adjuster bond; analyze bonds under any separate license or activity. |\n| Remedies and penalties | **Partial only** | C009, C025, C038 | Full misdemeanor penalty, AG authority, receiver, UPA, restitution, private actions, aiding liability, and federal remedies pass. |\n| Collection and litigation conduct | **Open** | — | Dedicated later pass. |\n| Limitations periods | **Open** | — | Dedicated later pass. Failed SB 432’s proposed limitations period is not current law. |\n| Secured debts | **Open** | — | Dedicated later pass. |\n| Sector-specific debts | **Open** | — | Mortgage, student loan, tax, medical, utility, government, and other sector passes. |\n| Local and tribal law | **Open** | — | Determine applicable tribal, pueblo, local, and jurisdictional overlays. |\n| Contract enforceability | **Open** | — | Analyze illegality, severability, restitution, choice of law, arbitration, and electronic consent. |\n| Named-provider status | **Not investigated** | C020 | Search only the legally relevant registries after identifying actual activities and entity names. |\n| SettleADebt.com launch decision | **Not authorized by this pass** | C006, C009, C017, C020, C023 | Custodial for-profit model should be treated as unavailable; noncustodial or exclusion-based model requires model-specific legal resolution and proof. |\n\n# E. Researcher self-check\n\n## Actually read and checked\n\n- The complete text displayed for §§56-2-1, 56-2-2, 56-2-3, and 56-2-4 in the 2025 codification mirror.\n- The official New Mexico Legislature page linking to OneSource.\n- The official 2013 SB 432 bill text, including its proposed repeal and effective dates.\n- The official 2013 final legislative index pages identifying SB 432 as failed.\n- The official 2013 fiscal-impact page discussing the then-existing prohibition and FID licensing status.\n- The official 2025 and 2026 final subject-index documents, with exact bounded searches.\n- The full relevant portions of the official GovInfo PDF for *Hendricks v. Alum Financial*, including the pleaded facts, statutory discussion, intermediary analysis, and procedural posture; the PDF was also visually inspected by screenshot.\n- The current FID overview, regulated-industry, forms, online-services, and helpful-links pages.\n- The current official 12.24.2 NMAC collection-agency rule and its issuing-agency, scope, authority, and objective provisions.\n- The relevant Collection Agency Regulatory Act definition and nonprofit-credit-counseling exclusion.\n- The current eCFR provisions for TSR definitions, debt-relief and credit-improvement fee timing, dedicated accounts, and exemptions.\n- Current U.S. House Code pages for the relevant CROA definition, advance-fee, cancellation, and state-law provisions.\n\n## Not read or not established\n\n- The official live OneSource text of §§56-2-1–4; the route was inaccessible.\n- An official scan of Laws 1965, chapter 80.\n- A complete commercial citator, Westlaw, Lexis, Bloomberg, or paid annotated-code review.\n- A complete historical New Mexico administrative-rule docket or adoption-order archive.\n- A controlling New Mexico appellate decision deciding pure noncustodial debt negotiation, remote nexus, “community effort,” indirect consideration, or individual business-purpose debt.\n- Any private regulator interpretation, legal opinion, application file, examination record, or enforcement file.\n- Any named company’s actual license or exemption status.\n- SettleADebt.com contracts, scripts, account agreements, funds flow, organizational documents, attorney relationships, or acquisition channels.\n- Full agreement, funds, bond, remedies, collection, litigation, limitations, secured-debt, sector, local, tribal, contract, or case-law coverage.\n\n## Method limitations and integrity statement\n\nThis was a focused researcher pass, not an independent review, regulator determination, formal legal opinion, audit, or publication-readiness certification. No inaccessible source was reconstructed and labeled as read. The official-codification failure, bounded negative searches, federal-district-court limits, proposed-bill status, and all unresolved classification issues have been retained expressly rather than converted into categorical answers.\n\nEND S_NM PASS-01.\n\n","tables":[{"headers":["Element","Current text-based rule","Consequence"],"index":0,"links":[],"row_links":[[],[],[],[],[],[],[]],"rows":[["Element","Current text-based rule","Consequence"],["Covered provider","“Person” includes an individual, partnership, corporation, and association.","Marketing label is irrelevant; the provider’s legal and operational role controls."],["Compensation","The person acts or offers to act for consideration.","Truly gratuitous conduct may fall outside the definition; the statute does not say consideration must come directly from the debtor."],["Intermediary role","The provider acts between the debtor and creditors.","Education directed only to the consumer is different from communicating or negotiating with creditors."],["Objective","The purpose is settling, compounding, or otherwise altering debt-payment terms.","Principal reduction is covered, but so are interest reductions, fee waivers, maturity changes, installment changes, and other concessions."],["Custody/payment role","To that end, the person receives money or property from or on behalf of the debtor for payment or distribution to creditors.","This is the central unresolved boundary for direct-pay/noncustodial models."],["Debtor","The debtor is an individual, including jointly or severally liable individuals.","A corporation or LLC owing its own debt is not textually a “debtor”; an individual’s business-purpose debt is not expressly excluded."]]},{"headers":["Business model","New Mexico result for this pass","Reason and qualification","Claim IDs"],"index":1,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[]],"rows":[["Business model","New Mexico result for this pass","Reason and qualification","Claim IDs"],["For-profit principal-reduction settlement; provider receives accumulated funds and pays creditors","Covered and prohibited absent an exact exclusion","Compensated intermediary, alteration of terms, and receipt/distribution are all present.","C004, C009, C023"],["For-profit DMP negotiating lower rates/payments and collecting one monthly payment for creditors","Covered and prohibited absent an exact exclusion","“In anywise altering” reaches concessions other than principal reduction; custody satisfies the receipt element.","C005, C009"],["Provider negotiates settlement, but consumer pays each creditor directly; provider never receives, controls, or offers to transmit creditor-payment money","Unresolved/held","Alteration and consideration exist, but the statutory receipt element is not plainly present. No controlling New Mexico appellate decision resolving this model was found.","C006, C040"],["Provider openly collects only its service fee, while the consumer pays creditors directly","Unresolved/held","A service fee supplies consideration, but it is not necessarily money received “for payment to” creditors. The distinction must be preserved.","C006, C039, C040"],["Provider tells the consumer it will receive and forward creditor payments, even if it later keeps the money as fees","Strong coverage risk","Hendricks held at the pleading stage that an offered intermediary/payment role could be sufficient even where the provider allegedly retained the funds.","C008, C032"],["Budget education, debt inventory, general financial education, or software with no creditor negotiation and no receipt of creditor-payment funds","Outside the definition on the present text","It lacks the creditor-intermediary and/or payment-alteration elements. Drift into creditor negotiation changes the result.","C007"],["Payment processor forwarding contractual payments under unchanged terms, without negotiating concessions","Not clearly covered by this Act","Receipt is present, but the statutory purpose of settling, compounding, or altering terms may be absent. Money-transmission, escrow, or collection laws remain open.","C007, C019"],["Qualifying nonprofit custodial DMP","Conditionally excluded","The entity must be a nonprofit corporation organized as a community effort to assist debtors. The text does not say that every nonprofit or every 501(c)(3) qualifies.","C017"],["Creditor or genuine agent of creditors adjusting debts at no cost to the debtor","Conditionally excluded","Debtor cost defeats this particular exclusion unless another exclusion applies.","C015, C026"],["Consolidation lender arranging/making a loan and disbursing proceeds","Conditionally excluded","Must act at the debtor’s request and receive no compensation for debt-adjustment services. Separate loan interest and lending charges were not analyzed.","C016, C026"],["New Mexico-admitted attorney","Excluded by the Act’s text","The express condition is admission to practice in New Mexico. The exclusion does not expressly extend to a separate nonlawyer affiliate, marketer, processor, lead generator, or management company.","C012"],["Debtor’s regular full-time employee adjusting the employer’s debts","Excluded","Does not establish an exclusion for an outsourced vendor or part-time contractor.","C013"],["Person acting under court order, judgment, or authority actually conferred by state or federal law","Excluded to that extent","A separate license or a general corporate authorization is not automatically authority to perform prohibited debt adjusting.","C014"],["Corporate or LLC debtor","Outside the definition of “debtor” on the text","Section 56-2-1(C) says debtor means an individual. Other laws may apply.","C003"],["Individual debtor’s business-purpose obligation","Textually plausible coverage; interpretive hold","The Act says “any debts” of an individual and contains no personal-purpose limitation, unlike the Collection Agency Regulatory Act. No controlling interpretation was found.","C003, C041"],["Remote provider serving a New Mexico resident","Significant New Mexico nexus risk; exact test unresolved","Section 56-2-2 says “in this state.” Hendricks applied the Act at the pleading stage to allegations involving a California company’s services to a New Mexico resident, but did not establish a comprehensive territorial test.","C009, C032"],["Consumer-owned, independently administered dedicated account","Fact-sensitive hold","Federal TSR account conditions do not decide whether the provider “receives” property under New Mexico law. Control, affiliation, representations, and payment authority matter.","C006, C030, C032"]]},{"headers":["Excluded category","Exact statutory condition","Common failure case"],"index":2,"links":[],"row_links":[[],[],[],[],[],[],[]],"rows":[["Excluded category","Exact statutory condition","Common failure case"],["Attorney","Attorney admitted to practice in New Mexico","Out-of-state attorney only; nonlawyer company merely associated with an attorney; separate affiliate collecting the fees"],["Debtor employee","Regular, full-time employee of the debtor adjusting the employer’s debts","Outsourced debt-relief provider, independent contractor, or shared-services company"],["Court/law authority","Acting under a court order or judgment, or authority conferred by New Mexico or federal law","Assuming a money-transmitter, lending, collection-agency, or corporate registration independently authorizes debt adjusting"],["Creditor/creditor agent","Creditor or agent of one or more creditors, with adjustment services rendered without cost to debtor","Debtor pays setup, enrollment, monthly, success, platform, referral, or “administrative” charge for the adjustment service"],["Loan arranger/lender","At debtor request, arranges or makes a loan, disburses proceeds toward debts, and takes no compensation for adjustment services","Charging a distinct negotiation/adjustment fee, or performing settlement without actually arranging/making the loan"],["Nonprofit corporation","Organized as a community effort to assist debtors","Merely having nonprofit tax status; using a nonprofit front; contracting with a for-profit affiliate that performs the covered conduct"]]},{"headers":["Category","New Mexico Debt Adjusters Act result"],"index":3,"links":[],"row_links":[[],[],[],[],[],[],[],[]],"rows":[["Category","New Mexico Debt Adjusters Act result"],["Covered, nonexcluded provider","No established lawful adjustment fee or service-performance path"],["Creditor or creditor agent","Adjustment services must be without cost to debtor to remain within that exclusion"],["Consolidation lender/loan arranger","No compensation for debt-adjustment services to remain within that exclusion"],["New Mexico-admitted attorney","Act supplies no amount or timing cap; ethics, fee-sharing, UPL, advertising, TSR, CROA, and other-law questions remain open"],["Qualifying nonprofit corporation","Act supplies no amount or timing cap; organizational qualification and other laws remain open"],["Full-time employee or court/law-authorized person","Act contains no fee schedule; the source of authority and any separate fee rules control"],["Noncustodial provider outside the definition","No New Mexico fee rule was established in this Act, but TSR, CROA, UPA, contract, lending, credit-services, or other law may independently regulate the fee"]]},{"headers":["Verification question","Result"],"index":4,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[]],"rows":[["Verification question","Result"],["Current debt-adjuster license category found?","No"],["Current provider registration application found?","No"],["Current debt-adjuster public registry found?","No"],["Current debt-adjuster NMLS category found?","No"],["Current statutory administrator authorized to approve providers?","No"],["Attorney General enforcement authority found?","Yes"],["Collection-agency licensing route found?","Yes, but legally distinct and not curative"],["Named-provider authorization established?","No; no such inference was made"],["SettleADebt.com launch authorization established?","No"]]},{"headers":["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],"index":5,"links":[{"href":"https://www.nmlegis.gov/","text":"New Mexico Legislature"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf","text":"New Mexico Legislature\n+5"},{"href":"https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf","text":"New Mexico Legislature\n+4"},{"href":"https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf","text":"New Mexico Legislature\n+2"},{"href":"https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML","text":"New Mexico Legislature"},{"href":"https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF","text":"New Mexico Legislature"},{"href":"https://www.govinfo.gov/app/details/USCOURTS-nmd-1_21-cv-00798/USCOURTS-nmd-1_21-cv-00798-0","text":"GovInfo\n+2"}],"row_links":[[],[{"href":"https://www.nmlegis.gov/","text":"New Mexico Legislature"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf","text":"New Mexico Legislature\n+5"}],[{"href":"https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf","text":"New Mexico Legislature\n+4"}],[{"href":"https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf","text":"New Mexico Legislature\n+2"}],[{"href":"https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML","text":"New Mexico Legislature"}],[{"href":"https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF","text":"New Mexico Legislature"}],[{"href":"https://www.govinfo.gov/app/details/USCOURTS-nmd-1_21-cv-00798/USCOURTS-nmd-1_21-cv-00798-0","text":"GovInfo\n+2"}]],"rows":[["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],["S_NM-P1-S001","New Mexico Legislature official-laws gateway / New Mexico Legislature","https://www.nmlegis.gov/ and linked official route https://nmonesource.com/nmos/en/nav.do","Legislature page lines 3 and 9 identifies Oct. 24, 2026 and links “New Mexico Official Laws.” Linked OneSource route was inaccessible through this tool. Current official codification therefore not directly read. \nNew Mexico Legislature"],["S_NM-P1-S002","NMSA 1978 §56-2-1, Definitions / 2025 Justia codification mirror","https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","Lines 58-64: complete definition and enactment history. Secondary mirror; page warns official sources may be more current. \nJustia Law"],["S_NM-P1-S003","NMSA 1978 §56-2-2, Prohibition; penalty / 2025 Justia mirror","https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","Lines 58-59: acting or offering as debt adjuster in the state is a misdemeanor. Secondary current mirror. \nJustia Law"],["S_NM-P1-S004","NMSA 1978 §56-2-3, Injunction / 2025 Justia mirror","https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","Lines 57-58: Attorney General action, injunction, and possible receiver for undistributed debtor funds/property. Secondary current mirror. \nJustia Law"],["S_NM-P1-S005","NMSA 1978 §56-2-4, Exemptions / 2025 Justia mirror","https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","Lines 57-58: complete exclusion list. Secondary current mirror. \nJustia Law"],["S_NM-P1-S006","2025 Final Subject Index / New Mexico Legislative Council Service","https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf","Final 2025 session index, 49 pages. Exact searches for “debt adjuster,” “debt settlement,” “debt-management,” “56-2-1,” and “credit counseling” returned no matches. Bounded negative check only; not a substitute for official codification. \nNew Mexico Legislature\n+5"],["S_NM-P1-S007","2026 Final Subject Index / New Mexico Legislative Council Service","https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf","Final 2026 session index. Exact searches for the same material terms returned no matches. Bounded negative currentness check only. \nNew Mexico Legislature\n+4"],["S_NM-P1-S008","2013 Index to Bills, Memorials, Resolutions and Substitutes / New Mexico Legislative Council Service","https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills,%20memorials,%20resolutions%20and%20substitutes.pdf","PDF page 90, parsed lines 7481-7542: Uniform Debt-Management Services Act subjects and “SB 432 (failed).” Official historical status. \nNew Mexico Legislature\n+2"],["S_NM-P1-S009","2013 SB 432 bill text / New Mexico Legislature","https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML","Proposed §§41-43, lines 843-850: repeal of §§56-2-1–4 and proposed delayed effective dates. Never operative because S008 records bill as failed. \nNew Mexico Legislature"],["S_NM-P1-S010","Fiscal Impact Report for 2013 SB 432 / New Mexico Legislature","https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF","PDF page 3: historical RLD statement that FID did not license/regulate debt-management companies and description of existing prohibition. Historical policy/agency commentary, not current controlling law. \nNew Mexico Legislature"],["S_NM-P1-S011","Hendricks v. Alum Financial, LLC, No. 21-cv-798, memorandum opinion and order / U.S. District Court, District of New Mexico, GovInfo","https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","Filed Sept. 12, 2024. PDF pp. 1-3 and 5-7: New Mexico resident allegations, statute, intermediary/payment representations, and offered-role reasoning. Federal district court; Rule 12(b)(6); not controlling NM appellate authority or final merits adjudication. \nGovInfo\n+2"]]},{"headers":["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],"index":6,"links":[{"href":"https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","text":"Justia Law"},{"href":"https://www.srca.nm.gov/parts/title12/12.024.0002.html","text":"State Records Center & Archives"},{"href":"https://www.rld.nm.gov/financial-institutions/","text":"NM RLD"},{"href":"https://www.rld.nm.gov/financial-institutions/who-we-regulate/","text":"NM RLD"},{"href":"https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/","text":"NM RLD"},{"href":"https://www.rld.nm.gov/about-us/public-information-hub/online-services/","text":"NM RLD"},{"href":"https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/","text":"NM RLD"}],"row_links":[[],[{"href":"https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","text":"Justia Law"}],[{"href":"https://www.srca.nm.gov/parts/title12/12.024.0002.html","text":"State Records Center & Archives"}],[{"href":"https://www.rld.nm.gov/financial-institutions/","text":"NM RLD"}],[{"href":"https://www.rld.nm.gov/financial-institutions/who-we-regulate/","text":"NM RLD"}],[{"href":"https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/","text":"NM RLD"}],[{"href":"https://www.rld.nm.gov/about-us/public-information-hub/online-services/","text":"NM RLD"}],[{"href":"https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/","text":"NM RLD"}]],"rows":[["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],["S_NM-P1-S012","NMSA 1978 §61-18A-2, Collection Agency Regulatory Act definitions / 2025 Justia mirror","https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","Lines 62-85: collection-agency definition, nonprofit credit-counseling exclusion, and personal/family/household debt definition. Separate statute; secondary mirror. \nJustia Law"],["S_NM-P1-S013","12.24.2 NMAC, Collection Agency Regulatory Act / New Mexico State Records Center and Archives","https://www.srca.nm.gov/parts/title12/12.024.0002.html","§§12.24.2.1-.6, lines 4-35: FID issuing agency; scope limited to licensed collection agencies; statutory authority Laws 1987, ch. 252. Current official NMAC page; not a debt-adjuster rule. \nState Records Center & Archives"],["S_NM-P1-S014","Financial Institutions Division overview / New Mexico RLD","https://www.rld.nm.gov/financial-institutions/","Lines 64-101: FID mission and enumerated regulated industries. Current operational material; procedure, not substitute for substantive law. \nNM RLD"],["S_NM-P1-S015","Who We Regulate / New Mexico RLD FID","https://www.rld.nm.gov/financial-institutions/who-we-regulate/","Lines 64-96 and 103-135: regulated categories; no debt-adjuster category. Current operational page; negative listing is corroborative, not independently dispositive. \nNM RLD"],["S_NM-P1-S016","Forms and Applications / New Mexico RLD FID","https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/","Lines 64-135: available licensing categories; no debt-adjuster application. Current procedural material. \nNM RLD"],["S_NM-P1-S017","Online Services / New Mexico RLD","https://www.rld.nm.gov/about-us/public-information-hub/online-services/","Lines 213-224: FID NMLS and other apply/renew/verify categories; no debt-adjuster credential. Current procedural material. \nNM RLD"],["S_NM-P1-S018","Helpful Links / New Mexico RLD FID","https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/","Lines 94-96 explain page includes institutions outside FID jurisdiction; lines 187-199 place “Consumer Credit Counseling” under industry links. Not permission or licensure. \nNM RLD"]]},{"headers":["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],"index":7,"links":[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR\n+1"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+1"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679a/","text":"U.S. Code"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679b/","text":"U.S. Code"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679e/","text":"U.S. Code"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679j/","text":"U.S. Code"}],"row_links":[[],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR\n+1"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+1"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679a/","text":"U.S. Code"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679b/","text":"U.S. Code"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679e/","text":"U.S. Code"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679j/","text":"U.S. Code"}]],"rows":[["Source ID","Title / issuer","Direct literal URL","Pinpoint, status, and limitation"],["S_NM-P1-S019","16 CFR §310.2, TSR definitions / eCFR","https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","§310.2(n)-(o), lines 131-132; §310.2(hh)-(ii), lines 167-169. eCFR current through Oct. 22, 2026; authoritative but unofficial. \neCFR\n+1"],["S_NM-P1-S020","16 CFR §310.4, abusive telemarketing acts / eCFR","https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","Lines 106-131: credit-improvement timing, debt-relief fee triggers, allocation formulas, dedicated accounts, seven-business-day return. Current through Oct. 22, 2026. \neCFR\n+1"],["S_NM-P1-S021","16 CFR §310.6, TSR exemptions / eCFR","https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","Lines 109-128: inbound-advertising debt-relief exceptions and B2B treatment. Current through Oct. 22, 2026. \neCFR"],["S_NM-P1-S022","15 U.S.C. §1679a, CROA definitions / U.S. House OLRC","https://uscode.house.gov/us/usc/119-124/t15/s1679a/","Lines 15 and 24-45: current through Pub. L. 119-124, Oct. 15, 2026; definition and exclusions. \nU.S. Code"],["S_NM-P1-S023","15 U.S.C. §1679b, CROA prohibited practices / U.S. House OLRC","https://uscode.house.gov/us/usc/119-124/t15/s1679b/","Lines 47-48: no charge or receipt before agreed service is fully performed. Current through Oct. 15, 2026. \nU.S. Code"],["S_NM-P1-S024","15 U.S.C. §1679e, CROA cancellation / U.S. House OLRC","https://uscode.house.gov/us/usc/119-124/t15/s1679e/","Lines 22-36: cancellation through midnight of third business day and notice/copy requirements. \nU.S. Code"],["S_NM-P1-S025","15 U.S.C. §1679j, relation to state law / U.S. House OLRC","https://uscode.house.gov/us/usc/119-124/t15/s1679j/","Lines 20-22: state law preserved except to extent inconsistent. \nU.S. Code"]]},{"headers":["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],"index":8,"links":[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+4"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","text":"GovInfo"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law\n+2"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"}],"row_links":[[],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+4"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","text":"GovInfo"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law\n+2"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+1"}]],"rows":[["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],["S_NM-P1-C001","The best-supported current New Mexico Debt Adjusters Act remains §§56-2-1 through 56-2-4.","S002-S005; S011 pp. 2-3; S006-S007 bounded currentness checks. \nJustia Law\n+4","High, not absolute. Official OneSource section was inaccessible, so current official codification is held under S001."],["S_NM-P1-C002","Covered status requires compensated intermediary conduct aimed at settling, compounding, or otherwise altering debt-payment terms and, to that end, receipt of debtor property for creditor payment/distribution.","S002 §56-2-1(B), lines 58-62. \nJustia Law","High textual confidence. Application to novel account architecture remains fact-sensitive."],["S_NM-P1-C003","“Debtor” means an individual; corporate/LLC debtor obligations are outside this definition, while individual business-purpose debt is not expressly excluded.","S002 §56-2-1(C), lines 61-62. \nJustia Law","High for entity debtor exclusion; medium/held for individual business-purpose debt because no interpretation was located."],["S_NM-P1-C004","A compensated principal-reduction provider that takes debtor funds for creditor payments satisfies the core definition.","S002 §56-2-1(B). \nJustia Law","High, absent a §56-2-4 exclusion."],["S_NM-P1-C005","A custodial DMP negotiating interest, fees, payment amounts, or other concessions can be covered even without principal forgiveness.","S002’s “in anywise altering” language and receipt element. \nJustia Law","High textual inference; labels do not control."],["S_NM-P1-C006","Pure noncustodial/direct-pay negotiation is unresolved because the statute includes a creditor-payment receipt element.","S002 §56-2-1(B); S011 pp. 6-7 does not decide a genuinely noncustodial model. \nJustia Law\n+1","Material hold. No controlling NM appellate interpretation found."],["S_NM-P1-C007","Pure education without creditor intermediation, term alteration, or receipt of creditor-payment funds is outside the definition on its face.","S002 §56-2-1(B). \nJustia Law","High for the bounded facts; actual communications and authority must match."],["S_NM-P1-C008","Offering an intermediary/payment role can create coverage risk even if the provider does not actually forward the funds.","S011 pp. 6-7, parsed lines 151-174. \nGovInfo","Medium-high interpretive signal only; federal pleading decision, allegations assumed true."],["S_NM-P1-C009","Covered debt adjusting “in this state” is prohibited; an out-of-state provider serving a New Mexico resident faces significant nexus risk.","S003 lines 58-59; S011 pp. 1-3 and 6-7. \nJustia Law\n+2","High for prohibition; medium/held for precise remote nexus test."],["S_NM-P1-C010","Marketing terms such as settlement, DMP, counseling, financial wellness, consolidation, or legal program do not determine coverage.","Functional definition in S002. \nJustia Law","High textual inference."],["S_NM-P1-C039","“Consideration” is not expressly limited to a direct debtor payment.","S002 §56-2-1(B); S005 separately limits creditor-agent exclusion to no debtor cost. \nJustia Law\n+1","Medium. Indirect referral, affiliate, and creditor-paid arrangements require fact-specific analysis."],["S_NM-P1-C040","A provider service fee is not automatically the same as money received for payment or distribution to creditors.","S002 §56-2-1(B); S011’s represented creditor-payment facts. \nJustia Law\n+1","Material distinction; exact noncustodial treatment held."],["S_NM-P1-C041","The Debt Adjusters Act lacks the personal/family/household limitation present in the Collection Agency Regulatory Act.","S002 §56-2-1(C); S012 §61-18A-2(F), lines 83-85. \nJustia Law\n+1","High textual comparison; application to individual business debt remains held."]]},{"headers":["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],"index":9,"links":[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","text":"Justia Law\n+1"},{"href":"https://www.rld.nm.gov/financial-institutions/","text":"NM RLD\n+4"},{"href":"https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf","text":"New Mexico Legislature\n+1"},{"href":"https://www.srca.nm.gov/parts/title12/12.024.0002.html","text":"State Records Center & Archives\n+3"}],"row_links":[[],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","text":"Justia Law\n+1"}],[{"href":"https://www.rld.nm.gov/financial-institutions/","text":"NM RLD\n+4"}],[{"href":"https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf","text":"New Mexico Legislature\n+1"}],[{"href":"https://www.srca.nm.gov/parts/title12/12.024.0002.html","text":"State Records Center & Archives\n+3"}]],"rows":[["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],["S_NM-P1-C011","Section 56-2-4 contains six exclusion categories rather than a licensing program.","S005 lines 57-58. \nJustia Law","High."],["S_NM-P1-C012","Attorney exclusion requires admission to practice in New Mexico; no text extends it automatically to a separate nonlawyer provider.","S005 lines 57-58. \nJustia Law","High for express condition; affiliate and fee-sharing issues remain later-pass questions."],["S_NM-P1-C013","Employee exclusion requires a regular full-time employee adjusting the employer-debtor’s debts.","S005 lines 57-58. \nJustia Law","High; outsourced vendors not established."],["S_NM-P1-C014","Court/law-authority exclusion requires an actual order, judgment, or authority conferred by state or federal law.","S005 lines 57-58. \nJustia Law","High; separate licensure is not presumed sufficient."],["S_NM-P1-C015","Creditor or creditor-agent exclusion is conditional on adjustment services being rendered without cost to the debtor.","S005 lines 57-58. \nJustia Law","High."],["S_NM-P1-C016","Loan-arranger/lender exclusion requires debtor request, loan arrangement or origination, disbursement of proceeds, and no compensation for adjustment services.","S005 lines 57-58. \nJustia Law","High; separate lending charges not analyzed."],["S_NM-P1-C017","Nonprofit exclusion is limited to nonprofit corporations organized as a community effort to assist debtors.","S005 lines 57-58. \nJustia Law","High textual confidence; exact organizational/factual test and entity qualification remain open."],["S_NM-P1-C018","The Act contains no blanket institutional exclusion for banks, credit unions, collection agencies, lenders, money transmitters, escrow companies, or trust companies.","Complete S005 exclusion list. \nJustia Law","High as to express text; other-law authority must be analyzed separately."],["S_NM-P1-C019","Collection-agency licensing and its nonprofit credit-counseling exclusion are legally distinct from debt-adjuster authorization.","S012 §61-18A-2(C)(5); S013 §§12.24.2.2-.6. \nJustia Law\n+1","High."],["S_NM-P1-C020","No current debt-adjuster application, registry, NMLS credential, or FID licensing category surfaced in the official current pages reviewed.","S014-S018. \nNM RLD\n+4","High operational confidence; negative website evidence is corroborative, not independently conclusive."],["S_NM-P1-C021","2013 SB 432’s registration, bond, fee, adjustment, and replacement-statute provisions never became law.","S008 p. 90 says SB 432 failed; S009 proposed repeal/effective-date provisions. \nNew Mexico Legislature\n+1","High."],["S_NM-P1-C037","No operative NMAC debt-adjuster licensing rule was located; 12.24.2 NMAC is expressly a collection-agency rule.","S013 §§12.24.2.1-.6; bounded official-domain searches returned only unrelated uses of the terms. \nState Records Center & Archives\n+3","Medium-high bounded negative; not a substitute for a complete historical rulemaking docket."]]},{"headers":["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],"index":10,"links":[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+3"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+2"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+3"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","text":"Justia Law"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"},{"href":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","text":"GovInfo"}],"row_links":[[],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+3"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+2"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","text":"Justia Law\n+3"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","text":"Justia Law"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","text":"Justia Law"}],[{"href":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","text":"GovInfo"}]],"rows":[["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],["S_NM-P1-C022","Current §§56-2-1–4 contain no dollar, percentage, monthly, setup, savings, per-debt, aggregate, or indexed fee cap.","Complete S002-S005. \nJustia Law\n+3","High, subject to S001 current-official-text hold."],["S_NM-P1-C023","A covered, nonexcluded provider has no established lawful New Mexico adjustment-fee pathway.","S003 prohibition, read with S002 definition and S005 exclusions. \nJustia Law\n+2","High for covered facts. This is not a numerical “$0 cap.”"],["S_NM-P1-C024","The Act supplies no service-performance event after which a covered provider may charge, and no ordinary state cancellation period.","Complete S002-S005. \nJustia Law\n+3","High. Other statutes may apply to excluded or out-of-definition models."],["S_NM-P1-C025","Return of undistributed debtor funds under §56-2-3 depends on an Attorney General action and court-appointed receiver; it is not an automatic consumer refund formula.","S004 lines 57-58. \nJustia Law","High."],["S_NM-P1-C026","Zero debtor cost and zero debt-adjustment compensation are conditions of the creditor-agent and lender exclusions, respectively—not general fee caps.","S005 lines 57-58. \nJustia Law","High."],["S_NM-P1-C038","The Act itself contains no express private right of action; Hendricks recognized that statutory absence, while other claims and remedies may exist.","S011 p. 3, lines 73-88. \nGovInfo","Limited to this Act; full UPA and remedies analysis expressly deferred."]]},{"headers":["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],"index":11,"links":[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR\n+1"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"},{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law\n+1"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679a/","text":"U.S. Code"},{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679b/","text":"U.S. Code\n+2"},{"href":"https://www.nmlegis.gov/","text":"New Mexico Legislature\n+1"}],"row_links":[[],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR\n+1"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"}],[{"href":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","text":"Justia Law\n+1"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679a/","text":"U.S. Code"}],[{"href":"https://uscode.house.gov/us/usc/119-124/t15/s1679b/","text":"U.S. Code\n+2"}],[{"href":"https://www.nmlegis.gov/","text":"New Mexico Legislature\n+1"}]],"rows":[["Claim ID","Precise assertion","Authority and pinpoint","Conditions, limits, and confidence"],["S_NM-P1-C027","TSR “debt relief service” reaches represented changes to unsecured-debt terms; telemarketing requires a qualifying telephone campaign.","S019 §310.2(o), (hh), (ii). \neCFR\n+1","High; application depends on actual debt and acquisition-channel facts."],["S_NM-P1-C028","TSR debt-relief fees require an executed creditor agreement altering at least one debt and at least one customer payment under it.","S020 §310.4(a)(5)(i)(A)-(B). \neCFR","High if TSR applies."],["S_NM-P1-C029","Per-debt fees must use either the proportional enrolled-balance method or one constant savings percentage.","S020 §310.4(a)(5)(i)(C)(1)-(2). \neCFR","High if debts are individually resolved and TSR applies."],["S_NM-P1-C030","TSR dedicated-account treatment requires insured institution, customer ownership, independent administrator, no referral compensation, penalty-free withdrawal, and seven-business-day return of unearned funds.","S020 §310.4(a)(5)(ii)(A)-(E). \neCFR","High federally; not New Mexico authorization or a state-classification safe harbor."],["S_NM-P1-C031","Debt-relief inbound advertising and direct-mail calls do not receive the ordinary inbound exemptions; B2B calls are generally exempt subject to stated exceptions.","S021 §310.6(b)(5)-(7). \neCFR","High; actual channel facts required."],["S_NM-P1-C032","TSR compliance does not authorize conduct prohibited by New Mexico law.","State prohibition S003 plus TSR’s restrictive structure S019-S021. \nJustia Law\n+1","High legal-structure conclusion."],["S_NM-P1-C033","TSR credit-improvement timing is separate and applies only where the relevant credit-improvement representation is made.","S020 §310.4(a)(2). \neCFR","High; no universal application assumed."],["S_NM-P1-C034","CROA applies conditionally to paid services with an express or implied credit-improvement purpose and contains specific entity exclusions.","S022 §1679a(3). \nU.S. Code","High federal rule; actual marketing and entity status control."],["S_NM-P1-C035","CROA prohibits advance fees before full performance, provides a three-business-day cancellation period, and generally preserves noninconsistent state law.","S023-S025. \nU.S. Code\n+2","High if CROA applies."],["S_NM-P1-C036","Current New Mexico status is supported but not officially reproduced because the official OneSource text could not be opened.","S001; corroborating S002-S011. \nNew Mexico Legislature\n+1","Express currentness limitation; no false claim of official-text authentication."]]},{"headers":["Topic","Status in PASS-01","Supporting claims","Exact remaining evidence or next investigation"],"index":12,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[]],"rows":[["Topic","Status in PASS-01","Supporting claims","Exact remaining evidence or next investigation"],["Current Debt Adjusters Act text","Partial/currentness-qualified","C001, C036","Obtain accessible official OneSource sections and complete official history for §§56-2-1–4, or a certified current compilation."],["Original enactment","Partial","C001","Obtain an official scan of Laws 1965, ch. 80, §§1-4. Current mirrors and official later bills identify the enactment, but the original session-law pages were not obtained."],["Core definition","Answered","C002-C005","Apply to final operating facts and contracts."],["Principal-reduction settlement","Answered for custodial model","C004, C009, C023","Full remedies and entity-specific exclusions remain later."],["DMP/concession model","Answered for custodial model","C005","Nonprofit entity qualification and other-law fees remain open."],["Noncustodial/direct-pay model","Unresolved","C006, C040","Locate controlling NM appellate authority, AG opinion, regulator determination, or obtain an authorized model-specific legal opinion based on funds flow and representations."],["Independent dedicated account","Partial","C006, C030","Analyze actual account contract, control, payment authority, affiliations, compensation, and New Mexico receipt doctrine."],["Pure education/counseling","Answered at high level","C007","Review scripts, tools, creditor contacts, powers of attorney, and actual promises to prevent functional drift."],["Payment-only processing","Partial","C007, C019","Analyze money-transmission, escrow, trust, and payment-processing statutes."],["Individual versus entity debtor","Answered","C003","Entity guaranties and mixed obligations remain fact-specific."],["Individual business-purpose debt","Unresolved","C003, C041","Search official annotations, appellate decisions, and AG materials for “any debts” and individual business debts."],["Remote-provider nexus","Partial","C009, C032","Find controlling territorial-jurisdiction authority and analyze resident, contracting, communications, payment, and performance contacts."],["Prohibition versus license","Answered","C009, C020-C023","Reconfirm against official OneSource current text."],["Statutory exclusions","Answered textually","C011-C018","Conduct entity- and transaction-specific proof for any exclusion relied upon."],["Attorney exclusion","Partial","C012","Analyze NM Rules of Professional Conduct, fee sharing, UPL, advertising, client relationship, trust accounts, and nonlawyer affiliates."],["Nonprofit exclusion","Partial","C017","Review articles, bylaws, board/community structure, IRS status, program history, contracts, affiliates, compensation, and any official interpretation of “community effort.”"],["Creditor/agent exclusion","Answered textually","C015, C026","Determine actual agency, creditor funding, debtor charges, referral economics, and indirect costs."],["Loan-arranger exclusion","Answered textually","C016, C026","Analyze actual loan authority, disbursement, separate lending fees, interest, and loan statutes."],["Institutional exclusions","Answered as to express Act text","C018","Analyze federal/state preemption or specific enabling law for any institution claiming authority."],["Collection-agency boundary","Partial","C019, C037","Full licensing, exclusions, collection conduct, creditor-side activity, and dual-role analysis remain open."],["Debt-adjuster application/registry","Answered operationally","C020","Recheck if RLD creates a future category; no provider status was inferred."],["Current fee caps/indexing","Answered for this Act","C022-C023","Review other potentially applicable laws for out-of-definition or excluded models."],["Historical UDMDA tables","Answered as to 2013 SB 432","C021","Any other dated table must be source-traced individually; do not assume it derives only from SB 432."],["State fee timing","Answered for covered model","C023-C024","Excluded/out-of-definition models require separate-law review."],["State cancellation/refund","Partial","C024-C025","Full contract, UPA, restitution, voidness, and rescission analysis later."],["TSR definition and timing","Answered conditionally","C027-C032","Determine actual calls, interstate nature, seller/telemarketer roles, debts, ad responses, inbound/outbound flow, and exemptions."],["TSR credit-improvement representations","Answered conditionally","C033","Audit actual ads, scripts, sales calls, disclosures, and implied promises."],["CROA overlap","Answered conditionally","C034-C035","Audit actual credit-improvement purpose, entity exclusions, contracts, disclosures, and performance."],["State debt-adjuster regulations","Partial bounded negative","C037","Obtain complete historical rulemaking/adoption docket and confirm no withdrawn, stayed, or superseded rule has residual relevance."],["Controlling cases","Partial","C008, C032, C038","Public search found Hendricks but no controlling NM appellate interpretation; conduct full citator and docket research in later case-law pass."],["Agreement requirements","Excluded except timing overlap","—","Full agreement/disclosure/e-signature/cancellation pass."],["Consumer funds/trust/escrow","Excluded except classification and TSR account rule","C006, C030","Full funds-control, trust, escrow, money-transmitter, bankruptcy, and account-ownership pass."],["Bonds","Open","C021","Current Act has no debt-adjuster bond; analyze bonds under any separate license or activity."],["Remedies and penalties","Partial only","C009, C025, C038","Full misdemeanor penalty, AG authority, receiver, UPA, restitution, private actions, aiding liability, and federal remedies pass."],["Collection and litigation conduct","Open","—","Dedicated later pass."],["Limitations periods","Open","—","Dedicated later pass. Failed SB 432’s proposed limitations period is not current law."],["Secured debts","Open","—","Dedicated later pass."],["Sector-specific debts","Open","—","Mortgage, student loan, tax, medical, utility, government, and other sector passes."],["Local and tribal law","Open","—","Determine applicable tribal, pueblo, local, and jurisdictional overlays."],["Contract enforceability","Open","—","Analyze illegality, severability, restitution, choice of law, arbitration, and electronic consent."],["Named-provider status","Not investigated","C020","Search only the legally relevant registries after identifying actual activities and entity names."],["SettleADebt.com launch decision","Not authorized by this pass","C006, C009, C017, C020, C023","Custodial for-profit model should be treated as unavailable; noncustodial or exclusion-based model requires model-specific legal resolution and proof."]]}],"claims":[{"claim_id":"S_NM-P1-C001","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C001","Precise assertion":"The best-supported current New Mexico Debt Adjusters Act remains §§56-2-1 through 56-2-4.","Authority and pinpoint":"S002-S005; S011 pp. 2-3; S006-S007 bounded currentness checks. \nJustia Law\n+4","Conditions, limits, and confidence":"High, not absolute. Official OneSource section was inaccessible, so current official codification is held under S001."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C002","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C002","Precise assertion":"Covered status requires compensated intermediary conduct aimed at settling, compounding, or otherwise altering debt-payment terms and, to that end, receipt of debtor property for creditor payment/distribution.","Authority and pinpoint":"S002 §56-2-1(B), lines 58-62. \nJustia Law","Conditions, limits, and confidence":"High textual confidence. Application to novel account architecture remains fact-sensitive."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C003","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C003","Precise assertion":"“Debtor” means an individual; corporate/LLC debtor obligations are outside this definition, while individual business-purpose debt is not expressly excluded.","Authority and pinpoint":"S002 §56-2-1(C), lines 61-62. \nJustia Law","Conditions, limits, and confidence":"High for entity debtor exclusion; medium/held for individual business-purpose debt because no interpretation was located."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C004","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C004","Precise assertion":"A compensated principal-reduction provider that takes debtor funds for creditor payments satisfies the core definition.","Authority and pinpoint":"S002 §56-2-1(B). \nJustia Law","Conditions, limits, and confidence":"High, absent a §56-2-4 exclusion."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C005","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C005","Precise assertion":"A custodial DMP negotiating interest, fees, payment amounts, or other concessions can be covered even without principal forgiveness.","Authority and pinpoint":"S002’s “in anywise altering” language and receipt element. \nJustia Law","Conditions, limits, and confidence":"High textual inference; labels do not control."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C006","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C006","Precise assertion":"Pure noncustodial/direct-pay negotiation is unresolved because the statute includes a creditor-payment receipt element.","Authority and pinpoint":"S002 §56-2-1(B); S011 pp. 6-7 does not decide a genuinely noncustodial model. \nJustia Law\n+1","Conditions, limits, and confidence":"Material hold. No controlling NM appellate interpretation found."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C007","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C007","Precise assertion":"Pure education without creditor intermediation, term alteration, or receipt of creditor-payment funds is outside the definition on its face.","Authority and pinpoint":"S002 §56-2-1(B). \nJustia Law","Conditions, limits, and confidence":"High for the bounded facts; actual communications and authority must match."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C008","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C008","Precise assertion":"Offering an intermediary/payment role can create coverage risk even if the provider does not actually forward the funds.","Authority and pinpoint":"S011 pp. 6-7, parsed lines 151-174. \nGovInfo","Conditions, limits, and confidence":"Medium-high interpretive signal only; federal pleading decision, allegations assumed true."},"coordinator_verification_status":"bounded_correction_requested_other_holds_remain","coordinator_correction":"tasks/S_NM/passes/pass-02","coordinator_review":"[internal evidence reference]","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C009","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C009","Precise assertion":"Covered debt adjusting “in this state” is prohibited; an out-of-state provider serving a New Mexico resident faces significant nexus risk.","Authority and pinpoint":"S003 lines 58-59; S011 pp. 1-3 and 6-7. \nJustia Law\n+2","Conditions, limits, and confidence":"High for prohibition; medium/held for precise remote nexus test."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C010","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C010","Precise assertion":"Marketing terms such as settlement, DMP, counseling, financial wellness, consolidation, or legal program do not determine coverage.","Authority and pinpoint":"Functional definition in S002. \nJustia Law","Conditions, limits, and confidence":"High textual inference."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C039","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C039","Precise assertion":"“Consideration” is not expressly limited to a direct debtor payment.","Authority and pinpoint":"S002 §56-2-1(B); S005 separately limits creditor-agent exclusion to no debtor cost. \nJustia Law\n+1","Conditions, limits, and confidence":"Medium. Indirect referral, affiliate, and creditor-paid arrangements require fact-specific analysis."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C040","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C040","Precise assertion":"A provider service fee is not automatically the same as money received for payment or distribution to creditors.","Authority and pinpoint":"S002 §56-2-1(B); S011’s represented creditor-payment facts. \nJustia Law\n+1","Conditions, limits, and confidence":"Material distinction; exact noncustodial treatment held."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C041","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C041","Precise assertion":"The Debt Adjusters Act lacks the personal/family/household limitation present in the Collection Agency Regulatory Act.","Authority and pinpoint":"S002 §56-2-1(C); S012 §61-18A-2(F), lines 83-85. \nJustia Law\n+1","Conditions, limits, and confidence":"High textual comparison; application to individual business debt remains held."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C011","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C011","Precise assertion":"Section 56-2-4 contains six exclusion categories rather than a licensing program.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C012","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C012","Precise assertion":"Attorney exclusion requires admission to practice in New Mexico; no text extends it automatically to a separate nonlawyer provider.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High for express condition; affiliate and fee-sharing issues remain later-pass questions."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C013","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C013","Precise assertion":"Employee exclusion requires a regular full-time employee adjusting the employer-debtor’s debts.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High; outsourced vendors not established."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C014","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C014","Precise assertion":"Court/law-authority exclusion requires an actual order, judgment, or authority conferred by state or federal law.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High; separate licensure is not presumed sufficient."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C015","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C015","Precise assertion":"Creditor or creditor-agent exclusion is conditional on adjustment services being rendered without cost to the debtor.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C016","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C016","Precise assertion":"Loan-arranger/lender exclusion requires debtor request, loan arrangement or origination, disbursement of proceeds, and no compensation for adjustment services.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High; separate lending charges not analyzed."},"coordinator_verification_status":"bounded_correction_requested_other_holds_remain","coordinator_correction":"tasks/S_NM/passes/pass-02","coordinator_review":"[internal evidence reference]","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C017","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C017","Precise assertion":"Nonprofit exclusion is limited to nonprofit corporations organized as a community effort to assist debtors.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High textual confidence; exact organizational/factual test and entity qualification remain open."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C018","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C018","Precise assertion":"The Act contains no blanket institutional exclusion for banks, credit unions, collection agencies, lenders, money transmitters, escrow companies, or trust companies.","Authority and pinpoint":"Complete S005 exclusion list. \nJustia Law","Conditions, limits, and confidence":"High as to express text; other-law authority must be analyzed separately."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C019","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C019","Precise assertion":"Collection-agency licensing and its nonprofit credit-counseling exclusion are legally distinct from debt-adjuster authorization.","Authority and pinpoint":"S012 §61-18A-2(C)(5); S013 §§12.24.2.2-.6. \nJustia Law\n+1","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C020","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C020","Precise assertion":"No current debt-adjuster application, registry, NMLS credential, or FID licensing category surfaced in the official current pages reviewed.","Authority and pinpoint":"S014-S018. \nNM RLD\n+4","Conditions, limits, and confidence":"High operational confidence; negative website evidence is corroborative, not independently conclusive."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C021","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C021","Precise assertion":"2013 SB 432’s registration, bond, fee, adjustment, and replacement-statute provisions never became law.","Authority and pinpoint":"S008 p. 90 says SB 432 failed; S009 proposed repeal/effective-date provisions. \nNew Mexico Legislature\n+1","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C037","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C037","Precise assertion":"No operative NMAC debt-adjuster licensing rule was located; 12.24.2 NMAC is expressly a collection-agency rule.","Authority and pinpoint":"S013 §§12.24.2.1-.6; bounded official-domain searches returned only unrelated uses of the terms. \nState Records Center & Archives\n+3","Conditions, limits, and confidence":"Medium-high bounded negative; not a substitute for a complete historical rulemaking docket."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C022","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C022","Precise assertion":"Current §§56-2-1–4 contain no dollar, percentage, monthly, setup, savings, per-debt, aggregate, or indexed fee cap.","Authority and pinpoint":"Complete S002-S005. \nJustia Law\n+3","Conditions, limits, and confidence":"High, subject to S001 current-official-text hold."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C023","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C023","Precise assertion":"A covered, nonexcluded provider has no established lawful New Mexico adjustment-fee pathway.","Authority and pinpoint":"S003 prohibition, read with S002 definition and S005 exclusions. \nJustia Law\n+2","Conditions, limits, and confidence":"High for covered facts. This is not a numerical “$0 cap.”"},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C024","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C024","Precise assertion":"The Act supplies no service-performance event after which a covered provider may charge, and no ordinary state cancellation period.","Authority and pinpoint":"Complete S002-S005. \nJustia Law\n+3","Conditions, limits, and confidence":"High. Other statutes may apply to excluded or out-of-definition models."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C025","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C025","Precise assertion":"Return of undistributed debtor funds under §56-2-3 depends on an Attorney General action and court-appointed receiver; it is not an automatic consumer refund formula.","Authority and pinpoint":"S004 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C026","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C026","Precise assertion":"Zero debtor cost and zero debt-adjustment compensation are conditions of the creditor-agent and lender exclusions, respectively—not general fee caps.","Authority and pinpoint":"S005 lines 57-58. \nJustia Law","Conditions, limits, and confidence":"High."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C038","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C038","Precise assertion":"The Act itself contains no express private right of action; Hendricks recognized that statutory absence, while other claims and remedies may exist.","Authority and pinpoint":"S011 p. 3, lines 73-88. \nGovInfo","Conditions, limits, and confidence":"Limited to this Act; full UPA and remedies analysis expressly deferred."},"coordinator_verification_status":"bounded_correction_requested_other_holds_remain","coordinator_correction":"tasks/S_NM/passes/pass-02","coordinator_review":"[internal evidence reference]","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C027","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C027","Precise assertion":"TSR “debt relief service” reaches represented changes to unsecured-debt terms; telemarketing requires a qualifying telephone campaign.","Authority and pinpoint":"S019 §310.2(o), (hh), (ii). \neCFR\n+1","Conditions, limits, and confidence":"High; application depends on actual debt and acquisition-channel facts."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C028","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C028","Precise assertion":"TSR debt-relief fees require an executed creditor agreement altering at least one debt and at least one customer payment under it.","Authority and pinpoint":"S020 §310.4(a)(5)(i)(A)-(B). \neCFR","Conditions, limits, and confidence":"High if TSR applies."},"coordinator_verification_status":"bounded_correction_requested_other_holds_remain","coordinator_correction":"tasks/S_NM/passes/pass-02","coordinator_review":"[internal evidence reference]","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C029","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C029","Precise assertion":"Per-debt fees must use either the proportional enrolled-balance method or one constant savings percentage.","Authority and pinpoint":"S020 §310.4(a)(5)(i)(C)(1)-(2). \neCFR","Conditions, limits, and confidence":"High if debts are individually resolved and TSR applies."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C030","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C030","Precise assertion":"TSR dedicated-account treatment requires insured institution, customer ownership, independent administrator, no referral compensation, penalty-free withdrawal, and seven-business-day return of unearned funds.","Authority and pinpoint":"S020 §310.4(a)(5)(ii)(A)-(E). \neCFR","Conditions, limits, and confidence":"High federally; not New Mexico authorization or a state-classification safe harbor."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C031","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C031","Precise assertion":"Debt-relief inbound advertising and direct-mail calls do not receive the ordinary inbound exemptions; B2B calls are generally exempt subject to stated exceptions.","Authority and pinpoint":"S021 §310.6(b)(5)-(7). \neCFR","Conditions, limits, and confidence":"High; actual channel facts required."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C032","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C032","Precise assertion":"TSR compliance does not authorize conduct prohibited by New Mexico law.","Authority and pinpoint":"State prohibition S003 plus TSR’s restrictive structure S019-S021. \nJustia Law\n+1","Conditions, limits, and confidence":"High legal-structure conclusion."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C033","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C033","Precise assertion":"TSR credit-improvement timing is separate and applies only where the relevant credit-improvement representation is made.","Authority and pinpoint":"S020 §310.4(a)(2). \neCFR","Conditions, limits, and confidence":"High; no universal application assumed."},"coordinator_verification_status":"bounded_correction_requested_other_holds_remain","coordinator_correction":"tasks/S_NM/passes/pass-02","coordinator_review":"[internal evidence reference]","correction_review":"[internal evidence reference]","targeted_correction_disposition":"addressed_with_limits_original_literal_record_preserved"},{"claim_id":"S_NM-P1-C034","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C034","Precise assertion":"CROA applies conditionally to paid services with an express or implied credit-improvement purpose and contains specific entity exclusions.","Authority and pinpoint":"S022 §1679a(3). \nU.S. Code","Conditions, limits, and confidence":"High federal rule; actual marketing and entity status control."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C035","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C035","Precise assertion":"CROA prohibits advance fees before full performance, provides a three-business-day cancellation period, and generally preserves noninconsistent state law.","Authority and pinpoint":"S023-S025. \nU.S. Code\n+2","Conditions, limits, and confidence":"High if CROA applies."},"coordinator_verification_status":"not_yet_checked"},{"claim_id":"S_NM-P1-C036","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_NM-P1-C036","Precise assertion":"Current New Mexico status is supported but not officially reproduced because the official OneSource text could not be opened.","Authority and pinpoint":"S001; corroborating S002-S011. \nNew Mexico Legislature\n+1","Conditions, limits, and confidence":"Express currentness limitation; no false claim of official-text authentication."},"coordinator_verification_status":"not_yet_checked"}],"sources":[{"source_id":"S_NM-P1-S001","urls":["https://www.nmlegis.gov/","https://nmonesource.com/nmos/en/nav.do"],"researcher_record":{"Source ID":"S_NM-P1-S001","Title / issuer":"New Mexico Legislature official-laws gateway / New Mexico Legislature","Direct literal URL":"https://www.nmlegis.gov/ and linked official route https://nmonesource.com/nmos/en/nav.do","Pinpoint, status, and limitation":"Legislature page lines 3 and 9 identifies Oct. 24, 2026 and links “New Mexico Official Laws.” Linked OneSource route was inaccessible through this tool. Current official codification therefore not directly read. \nNew Mexico Legislature"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S002","urls":["https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/"],"researcher_record":{"Source ID":"S_NM-P1-S002","Title / issuer":"NMSA 1978 §56-2-1, Definitions / 2025 Justia codification mirror","Direct literal URL":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-1/","Pinpoint, status, and limitation":"Lines 58-64: complete definition and enactment history. Secondary mirror; page warns official sources may be more current. \nJustia Law"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S003","urls":["https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/"],"researcher_record":{"Source ID":"S_NM-P1-S003","Title / issuer":"NMSA 1978 §56-2-2, Prohibition; penalty / 2025 Justia mirror","Direct literal URL":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-2/","Pinpoint, status, and limitation":"Lines 58-59: acting or offering as debt adjuster in the state is a misdemeanor. Secondary current mirror. \nJustia Law"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S004","urls":["https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/"],"researcher_record":{"Source ID":"S_NM-P1-S004","Title / issuer":"NMSA 1978 §56-2-3, Injunction / 2025 Justia mirror","Direct literal URL":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-3/","Pinpoint, status, and limitation":"Lines 57-58: Attorney General action, injunction, and possible receiver for undistributed debtor funds/property. Secondary current mirror. \nJustia Law"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S005","urls":["https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/"],"researcher_record":{"Source ID":"S_NM-P1-S005","Title / issuer":"NMSA 1978 §56-2-4, Exemptions / 2025 Justia mirror","Direct literal URL":"https://law.justia.com/codes/new-mexico/chapter-56/article-2/section-56-2-4/","Pinpoint, status, and limitation":"Lines 57-58: complete exclusion list. Secondary current mirror. \nJustia Law"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S006","urls":["https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf"],"researcher_record":{"Source ID":"S_NM-P1-S006","Title / issuer":"2025 Final Subject Index / New Mexico Legislative Council Service","Direct literal URL":"https://www.nmlegis.gov/Publications/Session/25/Subject%20index.pdf","Pinpoint, status, and limitation":"Final 2025 session index, 49 pages. Exact searches for “debt adjuster,” “debt settlement,” “debt-management,” “56-2-1,” and “credit counseling” returned no matches. Bounded negative check only; not a substitute for official codification. \nNew Mexico Legislature\n+5"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S007","urls":["https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf"],"researcher_record":{"Source ID":"S_NM-P1-S007","Title / issuer":"2026 Final Subject Index / New Mexico Legislative Council Service","Direct literal URL":"https://www.nmlegis.gov/Publications/Session/26/Subject%20Index.pdf","Pinpoint, status, and limitation":"Final 2026 session index. Exact searches for the same material terms returned no matches. Bounded negative currentness check only. \nNew Mexico Legislature\n+4"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S008","urls":["https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills,%20memorials,%20resolutions%20and%20substitutes.pdf","https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills%2C%20memorials%2C%20resolutions%20and%20substitutes.pdf"],"researcher_record":{"Source ID":"S_NM-P1-S008","Title / issuer":"2013 Index to Bills, Memorials, Resolutions and Substitutes / New Mexico Legislative Council Service","Direct literal URL":"https://www.nmlegis.gov/Publications/session/13/2013%20index%20to%20bills,%20memorials,%20resolutions%20and%20substitutes.pdf","Pinpoint, status, and limitation":"PDF page 90, parsed lines 7481-7542: Uniform Debt-Management Services Act subjects and “SB 432 (failed).” Official historical status. \nNew Mexico Legislature\n+2"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S009","urls":["https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML"],"researcher_record":{"Source ID":"S_NM-P1-S009","Title / issuer":"2013 SB 432 bill text / New Mexico Legislature","Direct literal URL":"https://www.nmlegis.gov/sessions/13%20Regular/bills/senate/SB0432.HTML","Pinpoint, status, and limitation":"Proposed §§41-43, lines 843-850: repeal of §§56-2-1–4 and proposed delayed effective dates. Never operative because S008 records bill as failed. \nNew Mexico Legislature"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S010","urls":["https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF"],"researcher_record":{"Source ID":"S_NM-P1-S010","Title / issuer":"Fiscal Impact Report for 2013 SB 432 / New Mexico Legislature","Direct literal URL":"https://www.nmlegis.gov/sessions/13%20Regular/firs/SB0432.PDF","Pinpoint, status, and limitation":"PDF page 3: historical RLD statement that FID did not license/regulate debt-management companies and description of existing prohibition. Historical policy/agency commentary, not current controlling law. \nNew Mexico Legislature"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S011","urls":["https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","https://www.govinfo.gov/app/details/USCOURTS-nmd-1_21-cv-00798/USCOURTS-nmd-1_21-cv-00798-0"],"researcher_record":{"Source ID":"S_NM-P1-S011","Title / issuer":"Hendricks v. Alum Financial, LLC, No. 21-cv-798, memorandum opinion and order / U.S. District Court, District of New Mexico, GovInfo","Direct literal URL":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_21-cv-00798/pdf/USCOURTS-nmd-1_21-cv-00798-0.pdf","Pinpoint, status, and limitation":"Filed Sept. 12, 2024. PDF pp. 1-3 and 5-7: New Mexico resident allegations, statute, intermediary/payment representations, and offered-role reasoning. Federal district court; Rule 12(b)(6); not controlling NM appellate authority or final merits adjudication. \nGovInfo\n+2"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S012","urls":["https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/"],"researcher_record":{"Source ID":"S_NM-P1-S012","Title / issuer":"NMSA 1978 §61-18A-2, Collection Agency Regulatory Act definitions / 2025 Justia mirror","Direct literal URL":"https://law.justia.com/codes/new-mexico/chapter-61/article-18a/section-61-18a-2/","Pinpoint, status, and limitation":"Lines 62-85: collection-agency definition, nonprofit credit-counseling exclusion, and personal/family/household debt definition. Separate statute; secondary mirror. \nJustia Law"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S013","urls":["https://www.srca.nm.gov/parts/title12/12.024.0002.html"],"researcher_record":{"Source ID":"S_NM-P1-S013","Title / issuer":"12.24.2 NMAC, Collection Agency Regulatory Act / New Mexico State Records Center and Archives","Direct literal URL":"https://www.srca.nm.gov/parts/title12/12.024.0002.html","Pinpoint, status, and limitation":"§§12.24.2.1-.6, lines 4-35: FID issuing agency; scope limited to licensed collection agencies; statutory authority Laws 1987, ch. 252. Current official NMAC page; not a debt-adjuster rule. \nState Records Center & Archives"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S014","urls":["https://www.rld.nm.gov/financial-institutions/"],"researcher_record":{"Source ID":"S_NM-P1-S014","Title / issuer":"Financial Institutions Division overview / New Mexico RLD","Direct literal URL":"https://www.rld.nm.gov/financial-institutions/","Pinpoint, status, and limitation":"Lines 64-101: FID mission and enumerated regulated industries. Current operational material; procedure, not substitute for substantive law. \nNM RLD"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S015","urls":["https://www.rld.nm.gov/financial-institutions/who-we-regulate/"],"researcher_record":{"Source ID":"S_NM-P1-S015","Title / issuer":"Who We Regulate / New Mexico RLD FID","Direct literal URL":"https://www.rld.nm.gov/financial-institutions/who-we-regulate/","Pinpoint, status, and limitation":"Lines 64-96 and 103-135: regulated categories; no debt-adjuster category. Current operational page; negative listing is corroborative, not independently dispositive. \nNM RLD"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S016","urls":["https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/"],"researcher_record":{"Source ID":"S_NM-P1-S016","Title / issuer":"Forms and Applications / New Mexico RLD FID","Direct literal URL":"https://www.rld.nm.gov/financial-institutions/forms-and-applications-2/","Pinpoint, status, and limitation":"Lines 64-135: available licensing categories; no debt-adjuster application. Current procedural material. \nNM RLD"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S017","urls":["https://www.rld.nm.gov/about-us/public-information-hub/online-services/"],"researcher_record":{"Source ID":"S_NM-P1-S017","Title / issuer":"Online Services / New Mexico RLD","Direct literal URL":"https://www.rld.nm.gov/about-us/public-information-hub/online-services/","Pinpoint, status, and limitation":"Lines 213-224: FID NMLS and other apply/renew/verify categories; no debt-adjuster credential. Current procedural material. \nNM RLD"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S018","urls":["https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/"],"researcher_record":{"Source ID":"S_NM-P1-S018","Title / issuer":"Helpful Links / New Mexico RLD FID","Direct literal URL":"https://www.rld.nm.gov/financial-institutions/about-us/helpful-links/","Pinpoint, status, and limitation":"Lines 94-96 explain page includes institutions outside FID jurisdiction; lines 187-199 place “Consumer Credit Counseling” under industry links. Not permission or licensure. \nNM RLD"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S019","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2"],"researcher_record":{"Source ID":"S_NM-P1-S019","Title / issuer":"16 CFR §310.2, TSR definitions / eCFR","Direct literal URL":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","Pinpoint, status, and limitation":"§310.2(n)-(o), lines 131-132; §310.2(hh)-(ii), lines 167-169. eCFR current through Oct. 22, 2026; authoritative but unofficial. \neCFR\n+1"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S020","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4"],"researcher_record":{"Source ID":"S_NM-P1-S020","Title / issuer":"16 CFR §310.4, abusive telemarketing acts / eCFR","Direct literal URL":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","Pinpoint, status, and limitation":"Lines 106-131: credit-improvement timing, debt-relief fee triggers, allocation formulas, dedicated accounts, seven-business-day return. Current through Oct. 22, 2026. \neCFR\n+1"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S021","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6"],"researcher_record":{"Source ID":"S_NM-P1-S021","Title / issuer":"16 CFR §310.6, TSR exemptions / eCFR","Direct literal URL":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","Pinpoint, status, and limitation":"Lines 109-128: inbound-advertising debt-relief exceptions and B2B treatment. Current through Oct. 22, 2026. \neCFR"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S022","urls":["https://uscode.house.gov/us/usc/119-124/t15/s1679a/"],"researcher_record":{"Source ID":"S_NM-P1-S022","Title / issuer":"15 U.S.C. §1679a, CROA definitions / U.S. House OLRC","Direct literal URL":"https://uscode.house.gov/us/usc/119-124/t15/s1679a/","Pinpoint, status, and limitation":"Lines 15 and 24-45: current through Pub. L. 119-124, Oct. 15, 2026; definition and exclusions. \nU.S. Code"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S023","urls":["https://uscode.house.gov/us/usc/119-124/t15/s1679b/"],"researcher_record":{"Source ID":"S_NM-P1-S023","Title / issuer":"15 U.S.C. §1679b, CROA prohibited practices / U.S. House OLRC","Direct literal URL":"https://uscode.house.gov/us/usc/119-124/t15/s1679b/","Pinpoint, status, and limitation":"Lines 47-48: no charge or receipt before agreed service is fully performed. Current through Oct. 15, 2026. \nU.S. Code"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S024","urls":["https://uscode.house.gov/us/usc/119-124/t15/s1679e/"],"researcher_record":{"Source ID":"S_NM-P1-S024","Title / issuer":"15 U.S.C. §1679e, CROA cancellation / U.S. House OLRC","Direct literal URL":"https://uscode.house.gov/us/usc/119-124/t15/s1679e/","Pinpoint, status, and limitation":"Lines 22-36: cancellation through midnight of third business day and notice/copy requirements. \nU.S. Code"},"coordinator_verification_status":"not_yet_checked"},{"source_id":"S_NM-P1-S025","urls":["https://uscode.house.gov/us/usc/119-124/t15/s1679j/"],"researcher_record":{"Source ID":"S_NM-P1-S025","Title / issuer":"15 U.S.C. §1679j, relation to state law / U.S. House OLRC","Direct literal URL":"https://uscode.house.gov/us/usc/119-124/t15/s1679j/","Pinpoint, status, and limitation":"Lines 20-22: state law preserved except to extent inconsistent. \nU.S. Code"},"coordinator_verification_status":"not_yet_checked"}],"coverage":[{"topic":"Current Debt Adjusters Act text","researcher_record":{"Topic":"Current Debt Adjusters Act text","Status in PASS-01":"Partial/currentness-qualified","Supporting claims":"C001, C036","Exact remaining evidence or next investigation":"Obtain accessible official OneSource sections and complete official history for §§56-2-1–4, or a certified current compilation."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Original enactment","researcher_record":{"Topic":"Original enactment","Status in PASS-01":"Partial","Supporting claims":"C001","Exact remaining evidence or next investigation":"Obtain an official scan of Laws 1965, ch. 80, §§1-4. Current mirrors and official later bills identify the enactment, but the original session-law pages were not obtained."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Core definition","researcher_record":{"Topic":"Core definition","Status in PASS-01":"Answered","Supporting claims":"C002-C005","Exact remaining evidence or next investigation":"Apply to final operating facts and contracts."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Principal-reduction settlement","researcher_record":{"Topic":"Principal-reduction settlement","Status in PASS-01":"Answered for custodial model","Supporting claims":"C004, C009, C023","Exact remaining evidence or next investigation":"Full remedies and entity-specific exclusions remain later."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"DMP/concession model","researcher_record":{"Topic":"DMP/concession model","Status in PASS-01":"Answered for custodial model","Supporting claims":"C005","Exact remaining evidence or next investigation":"Nonprofit entity qualification and other-law fees remain open."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Noncustodial/direct-pay model","researcher_record":{"Topic":"Noncustodial/direct-pay model","Status in PASS-01":"Unresolved","Supporting claims":"C006, C040","Exact remaining evidence or next investigation":"Locate controlling NM appellate authority, AG opinion, regulator determination, or obtain an authorized model-specific legal opinion based on funds flow and representations."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Independent dedicated account","researcher_record":{"Topic":"Independent dedicated account","Status in PASS-01":"Partial","Supporting claims":"C006, C030","Exact remaining evidence or next investigation":"Analyze actual account contract, control, payment authority, affiliations, compensation, and New Mexico receipt doctrine."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Pure education/counseling","researcher_record":{"Topic":"Pure education/counseling","Status in PASS-01":"Answered at high level","Supporting claims":"C007","Exact remaining evidence or next investigation":"Review scripts, tools, creditor contacts, powers of attorney, and actual promises to prevent functional drift."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Payment-only processing","researcher_record":{"Topic":"Payment-only processing","Status in PASS-01":"Partial","Supporting claims":"C007, C019","Exact remaining evidence or next investigation":"Analyze money-transmission, escrow, trust, and payment-processing statutes."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Individual versus entity debtor","researcher_record":{"Topic":"Individual versus entity debtor","Status in PASS-01":"Answered","Supporting claims":"C003","Exact remaining evidence or next investigation":"Entity guaranties and mixed obligations remain fact-specific."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Individual business-purpose debt","researcher_record":{"Topic":"Individual business-purpose debt","Status in PASS-01":"Unresolved","Supporting claims":"C003, C041","Exact remaining evidence or next investigation":"Search official annotations, appellate decisions, and AG materials for “any debts” and individual business debts."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Remote-provider nexus","researcher_record":{"Topic":"Remote-provider nexus","Status in PASS-01":"Partial","Supporting claims":"C009, C032","Exact remaining evidence or next investigation":"Find controlling territorial-jurisdiction authority and analyze resident, contracting, communications, payment, and performance contacts."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Prohibition versus license","researcher_record":{"Topic":"Prohibition versus license","Status in PASS-01":"Answered","Supporting claims":"C009, C020-C023","Exact remaining evidence or next investigation":"Reconfirm against official OneSource current text."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Statutory exclusions","researcher_record":{"Topic":"Statutory exclusions","Status in PASS-01":"Answered textually","Supporting claims":"C011-C018","Exact remaining evidence or next investigation":"Conduct entity- and transaction-specific proof for any exclusion relied upon."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Attorney exclusion","researcher_record":{"Topic":"Attorney exclusion","Status in PASS-01":"Partial","Supporting claims":"C012","Exact remaining evidence or next investigation":"Analyze NM Rules of Professional Conduct, fee sharing, UPL, advertising, client relationship, trust accounts, and nonlawyer affiliates."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Nonprofit exclusion","researcher_record":{"Topic":"Nonprofit exclusion","Status in PASS-01":"Partial","Supporting claims":"C017","Exact remaining evidence or next investigation":"Review articles, bylaws, board/community structure, IRS status, program history, contracts, affiliates, compensation, and any official interpretation of “community effort.”"},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Creditor/agent exclusion","researcher_record":{"Topic":"Creditor/agent exclusion","Status in PASS-01":"Answered textually","Supporting claims":"C015, C026","Exact remaining evidence or next investigation":"Determine actual agency, creditor funding, debtor charges, referral economics, and indirect costs."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Loan-arranger exclusion","researcher_record":{"Topic":"Loan-arranger exclusion","Status in PASS-01":"Answered textually","Supporting claims":"C016, C026","Exact remaining evidence or next investigation":"Analyze actual loan authority, disbursement, separate lending fees, interest, and loan statutes."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Institutional exclusions","researcher_record":{"Topic":"Institutional exclusions","Status in PASS-01":"Answered as to express Act text","Supporting claims":"C018","Exact remaining evidence or next investigation":"Analyze federal/state preemption or specific enabling law for any institution claiming authority."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Collection-agency boundary","researcher_record":{"Topic":"Collection-agency boundary","Status in PASS-01":"Partial","Supporting claims":"C019, C037","Exact remaining evidence or next investigation":"Full licensing, exclusions, collection conduct, creditor-side activity, and dual-role analysis remain open."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Debt-adjuster application/registry","researcher_record":{"Topic":"Debt-adjuster application/registry","Status in PASS-01":"Answered operationally","Supporting claims":"C020","Exact remaining evidence or next investigation":"Recheck if RLD creates a future category; no provider status was inferred."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Current fee caps/indexing","researcher_record":{"Topic":"Current fee caps/indexing","Status in PASS-01":"Answered for this Act","Supporting claims":"C022-C023","Exact remaining evidence or next investigation":"Review other potentially applicable laws for out-of-definition or excluded models."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Historical UDMDA tables","researcher_record":{"Topic":"Historical UDMDA tables","Status in PASS-01":"Answered as to 2013 SB 432","Supporting claims":"C021","Exact remaining evidence or next investigation":"Any other dated table must be source-traced individually; do not assume it derives only from SB 432."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"State fee timing","researcher_record":{"Topic":"State fee timing","Status in PASS-01":"Answered for covered model","Supporting claims":"C023-C024","Exact remaining evidence or next investigation":"Excluded/out-of-definition models require separate-law review."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"State cancellation/refund","researcher_record":{"Topic":"State cancellation/refund","Status in PASS-01":"Partial","Supporting claims":"C024-C025","Exact remaining evidence or next investigation":"Full contract, UPA, restitution, voidness, and rescission analysis later."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"TSR definition and timing","researcher_record":{"Topic":"TSR definition and timing","Status in PASS-01":"Answered conditionally","Supporting claims":"C027-C032","Exact remaining evidence or next investigation":"Determine actual calls, interstate nature, seller/telemarketer roles, debts, ad responses, inbound/outbound flow, and exemptions."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"TSR credit-improvement representations","researcher_record":{"Topic":"TSR credit-improvement representations","Status in PASS-01":"Answered conditionally","Supporting claims":"C033","Exact remaining evidence or next investigation":"Audit actual ads, scripts, sales calls, disclosures, and implied promises."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"CROA overlap","researcher_record":{"Topic":"CROA overlap","Status in PASS-01":"Answered conditionally","Supporting claims":"C034-C035","Exact remaining evidence or next investigation":"Audit actual credit-improvement purpose, entity exclusions, contracts, disclosures, and performance."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"State debt-adjuster regulations","researcher_record":{"Topic":"State debt-adjuster regulations","Status in PASS-01":"Partial bounded negative","Supporting claims":"C037","Exact remaining evidence or next investigation":"Obtain complete historical rulemaking/adoption docket and confirm no withdrawn, stayed, or superseded rule has residual relevance."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Controlling cases","researcher_record":{"Topic":"Controlling cases","Status in PASS-01":"Partial","Supporting claims":"C008, C032, C038","Exact remaining evidence or next investigation":"Public search found Hendricks but no controlling NM appellate interpretation; conduct full citator and docket research in later case-law pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Agreement requirements","researcher_record":{"Topic":"Agreement requirements","Status in PASS-01":"Excluded except timing overlap","Supporting claims":"—","Exact remaining evidence or next investigation":"Full agreement/disclosure/e-signature/cancellation pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Consumer funds/trust/escrow","researcher_record":{"Topic":"Consumer funds/trust/escrow","Status in PASS-01":"Excluded except classification and TSR account rule","Supporting claims":"C006, C030","Exact remaining evidence or next investigation":"Full funds-control, trust, escrow, money-transmitter, bankruptcy, and account-ownership pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Bonds","researcher_record":{"Topic":"Bonds","Status in PASS-01":"Open","Supporting claims":"C021","Exact remaining evidence or next investigation":"Current Act has no debt-adjuster bond; analyze bonds under any separate license or activity."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Remedies and penalties","researcher_record":{"Topic":"Remedies and penalties","Status in PASS-01":"Partial only","Supporting claims":"C009, C025, C038","Exact remaining evidence or next investigation":"Full misdemeanor penalty, AG authority, receiver, UPA, restitution, private actions, aiding liability, and federal remedies pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Collection and litigation conduct","researcher_record":{"Topic":"Collection and litigation conduct","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Dedicated later pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Limitations periods","researcher_record":{"Topic":"Limitations periods","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Dedicated later pass. Failed SB 432’s proposed limitations period is not current law."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Secured debts","researcher_record":{"Topic":"Secured debts","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Dedicated later pass."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Sector-specific debts","researcher_record":{"Topic":"Sector-specific debts","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Mortgage, student loan, tax, medical, utility, government, and other sector passes."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Local and tribal law","researcher_record":{"Topic":"Local and tribal law","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Determine applicable tribal, pueblo, local, and jurisdictional overlays."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Contract enforceability","researcher_record":{"Topic":"Contract enforceability","Status in PASS-01":"Open","Supporting claims":"—","Exact remaining evidence or next investigation":"Analyze illegality, severability, restitution, choice of law, arbitration, and electronic consent."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"Named-provider status","researcher_record":{"Topic":"Named-provider status","Status in PASS-01":"Not investigated","Supporting claims":"C020","Exact remaining evidence or next investigation":"Search only the legally relevant registries after identifying actual activities and entity names."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"},{"topic":"SettleADebt.com launch decision","researcher_record":{"Topic":"SettleADebt.com launch decision","Status in PASS-01":"Not authorized by this pass","Supporting claims":"C006, C009, C017, C020, C023","Exact remaining evidence or next investigation":"Custodial for-profit model should be treated as unavailable; noncustodial or exclusion-based model requires model-specific legal resolution and proof."},"coordinator_acceptance":"reviewed_with_holds_not_accepted","coordinator_review":"[internal evidence reference]"}],"annotations":{},"corrections":[],"resolved_corrections":[],"review_history":[]}