New Mexico Unfair Practices Act

N.M. Stat. § 57-12-2: Defines terms in this act.

N.M. Stat. § 57-12-3: Declares unfair acts and unfair methods of competition unlawful.

N.M. Stat. § 57-12-3.1: It is unlawful for a person to remove the owner’s container from the premises or parking area without the permission of the owner or recipient; to possess or use the owner’s container if it has been removed from the premises; or to sell the owner’s container to or purchase the owner’s container from someone other than the owner without the owner’s permission.

N.M. Stat. § 57-12-5: Chain referral sales techniques, plans, arrangements, or agreements whereby the buyer is induced to purchase merchandise or services because the seller will reduce the price if the buyer will furnish the seller names of other buyers is an unlawful practice.

N.M. Stat. § 57-12-6: Willful misrepresentation of the age or condition of a motor vehicle is an unlawful practice unless the alleged misrepresentation is based wholly on repair of damage. The failure to provide an affidavit pursuant to Subsection B of this section is prima facie evidence of willful misrepresentation. Unless otherwise provided, a seller of a motor vehicle must provide at he time of sale an affidavit that describes the vehicle and state whether there has been an alteration or chassis repair. This is not required in certain circumstances. The award of three times the actual damages shall be provided in lieu of punitive damages and persons that violate this section are guilty of a misdemeanor.

N.M. Stat. § 57-12-7: Determines exemptions from this act.

N.M. Stat. § 57-12-8: If the attorney general believes that a person has, is, or may use an unlawful act he may bring an action in the name of the state alleging the violations in district court. The attorney general may petition the court for temporary or permanent injunctive relief and restitution.

N.M. Stat. § 57-12-9: The attorney general may accept a written assurance of discontinuance of any practice in violation of this act. All settlements provided for in these assurances are public record, but are not admissible against the defendant in actions against the defendant by other persons and are not a basis for introduction of the assurance of discontinuance as prima facie evidence against the defendant. A person does not need to accept restitution made in an assurance, and such acceptance bars recovery in any subsequent action on account of the same unlawful practices. A violation of an assurance is a violation of this act.

N.M. Stat. § 57-12-10: Persons likely to be damaged by unlawful acts may be granted an injunction against it under the principles of equity without proof of monetary damage, loss of profits, or intent to deceive or take advantage. Persons suffering losses as a result of an unlawful act may bring an action to recover the grater of actual damages or $100. If the court finds that a person has willfully engaged in the unlawful act, the court may award up to the greater of three times the actual damages or $300. If the plaintiff prevails, the court shall award attorney’s fees and costs. If the defendant prevails and the court finds that the plaintiff brought an action that was groundless, the court may award attorney’s fees and costs. The relief in this section is in addition to other remedies. In class actions under this section, the court may award damages to the plaintiffs and may award members of the class actual damages as suffered by each member.

N.M. Stat. § 57-12-11: In actions under 57-12-8, if the court finds a person is willfully using or has used an unlawful act, the attorney general may petition for a civil penalty up to $5000 per violation.

N.M. Stat. § 57-12-12: The attorney general may execute  in writing and cause to be served on a person with information about a possible violation, a civil investigative demand requiring that person to produce documentary material. This is not a matter of public record and may not be published without a court order. The requirements for these demands are listed in this section, including requirements of service. Material produced pursuant to a demand will not be produced for anyone other than the attorney general or an authorized employee of such and may not be disclosed to anyone else, except in court action. Before the return date on the demand, a person may petition to set aside the demand, modify the demand, or extend the return date. If persons do not comply with the demand, the attorney general may ask the court for enforcement. The court may issue an order requiring an appearance or the production of the documents and upon failure of this order punish the person for contempt. This section is not applicable in criminal actions.

N.M. Stat. § 57-12-13: The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provisions of this act.

N.M. Stat. § 57-12-14: This act does not enlarge or diminish the rights of parties in private litigation 

N.M. Stat. § 57-12-15: The attorney general is responsible for the enforcement of this act, but may delegate this authority to the district attorneys and, if done, they will have al the powers of the attorney general under this act.

N.M. Stat. § 57-12-16: Determines that advertising media is excluded from this act.

N.M. Stat. § 57-12-17: If the attorney general believes that a person has violated this act and is about to leave or remove his property from the state, the attorney general may petition for a writ of ne exeat, and the court may forbid the person from leaving or removing his assets from the state until after a determination of issues is made.

N.M. Stat. § 57-12-18: The court may require any such person to post a ne exeat bond conditioned on such person’s appearance at all hearings on the matter at issue.

N.M. Stat. § 57-12-19: Persons may not be incarcerated for failure to post a ne exeat bond for more than 72 hours without the benefit of a hearing. This hearing shall be set as soon as possible after incarceration.

N.M. Stat. § 57-12-20: The sureties upon any bond, shall in all cases justify as to their sufficiency; and the clerk of the district court taking such bond shall certify his approval of the same, as to form and the manner of its execution and to the sufficiency of the sureties thereon.

N.M. Stat. § 57-12-21: Determines when door-to-door sales are prohibited and what is required for contracts when door-to-door sales are practiced.

N.M. Stat. § 57-12-22: Determines the prohibitions and requirements of telephone solicitation sales.

N.M. Stat. § 57-12-23: Establishes the prohibitions and requirements for unsolicited facsimiles and emails.

N.M. Stat. § 57-12-24: Persons that receive unsolicited advertisements over facsimile or email may bring actions against the receiver to recover actual damages including lost profits or statutory damages equal to the greater of $25 per email or facsimile received or $5000 for each day of the violation, plus reasonable attorney fees an costs if, prior to receiving the unsolicited material the person that received the material notified the sender of the person’s desire not to receive such material; or the sender entered into a written assurance of discontinuance. Telecommunications or internet service providers injured by a violation of section 57-12-23 may recover actual damages including lost profits or statutory damages equal to the greater of $10.00 per transmittal or $5000 for each day plus reasonable attorney fees and costs. These remedies are in addition to other remedies provided by law.