New Mexico Consumer Law

In New Mexico the mini-FTC act is the Unfair Trade Practices Act.  Under this legislation, plaintiffs have a cause of action when businesses (with exemption for publishers, broadcasters, printers and regulatory bodies of New Mexico and the United States) use unfair trade practices (listed in section 57-12-2(D)(6)).  To sustain an action, the plaintiff does not have to provide proof of actual harm due to the defendant’s conduct.  There is no statute of limitations for actions under the statute.

A successful plaintiff is entitled to actual damages, injunctive relief, in some cases treble damages, and civil penalties as potential remedies for a violation. Damages under the statute are not capped, and attorneys’ fees are recoverable if the suit is successful.  Class actions are permitted under the statute.