Consumer Protection FAQs - General
How does the Consumer Protection Division help consumers?
The Consumer Protection Division enforces consumer laws in the State of New
Mexico that are intended to shield the public from fraudulent and unfair business
practices. Under the Unfair Practices Act, the Division provides multi-level services
to the public to ensure that consumers have safe and satisfactory interactions with
businesses operating in New Mexico. Specifically, the Consumer Protection Division:
(1) offers dispute resolution services to dissatisfied consumers; (2) educates
the public about consumer issues and unlawful trade practices; (3) investigates
suspicious business activity; (4) proposes legislation and promulgates rules to
clarify acceptable business behavior; and (5) engages in litigation on behalf of
the public’s interest.
What types of complaints does the Consumer Protection Division handle?
The Consumer Protection Division handles complaints between dissatisfied consumers
and businesses that offer goods or services for sale in the State of New Mexico.
What types of complaints will the Consumer Protection Division not handle?
Whether the Consumer Protection Division will get involved in a dispute
depends upon whether the Division has authority over the matter. The following is
a list of the types of complaints the Consumer Protection Division will not handle
due to lack of authority or jurisdiction.
- Government entities. The Consumer Protection Division does not
handle disputes involving city, county, state or federal government entities.
- Child support disputes. This is a domestic relations issue that
is within the jurisdiction of the New Mexico district courts.
- Divorce and other domestic relations matters. The Consumer Protection
Division does not have the authority to resolve divorce and other domestic relations.
These should be brought privately to the court of appropriate jurisdiction.
- Criminal issues. The police department and the office of the district
attorney should be contacted regarding disputes that involve criminal acts.
- Disputes between individuals not involving a business. The Unfair
Practices Act of New Mexico (Section 57-12-1 through 24) deals with any person involved
in “the regular course of his trade or commerce”. Therefore, if one
of the parties involved in a civil dispute is not engaged in a trade, our Office
does not have authority to enforce the parties’ agreement.
- Disputes purely involving the sale of land. The sale of land is
not covered under the Unfair Practices Act. However, if the sale of land also includes,
for example, the extension of credit, then our dispute resolution services are available
to the public. The extension of credit is a trade practice covered under the Unfair
Practices Act.
- Collection of personal or business debts. The Consumer Protection
Division does not have the authority to serve as a collection agency for private
individuals or businesses. Our office gets involved, however, when a business is
attempting to collect a debt from a consumer and the collection practice is unfair
or unconscionable.
- Homeowners’ association members in disputes with their association.
The Consumer Protection Division encourages citizens who have such a dispute to
present the dispute to the homeowners’ association using its bylaws, which
are the rules that govern the association’s internal affairs to resolve the
dispute. If all else fails, then the association member should file a private civil
lawsuit, either with or without a legal representative.
If the Consumer Protection Division has enforcement authority over
a complaint, is the Division required to provide dispute resolution services?
No. Sometimes a local, state or federal agency will have concurrent
or joint authority to enforce with the Attorney General’s Office, but the
Division lacks the resources to resolve the complaint. The governmental agency may
also have more expertise than the Consumer Protection Division in a particular area.
In such situations, the Division may act on the complaint by referring the matter
to the governmental agency that is better able to resolve the matter.
Matters where more than one governmental entity is authorized to handle are the
most difficult to handle appropriately. If a matter you have falls into this category,
please call our office first and after you have explained your problem or dispute,
our representatives may be able to determine where you should file your complaint.
You may have to file a complaint in more than one place. Our toll free number is:
1-800-678-1508.
This is a short list of those matters that fall in this category:
- Utilities – including cellular phones, landline phones,
gas, water and electricity. Some of these matters are handled by the Utilities Division
of the Public Regulation Commission and some by our Office.
- Landlord-tenant disputes – These complaints are often referred
to the landlord-tenant hotline for Santa Fe residents, Law Access New Mexico for
residents statewide, or to private attorneys.
- Insurance – Many, of these matters are handled by the Insurance
Division of the Public Regulation Commission and some specific and special matters
are handled by our Office.
IF YOU ARE IN DOUBT ABOUT WHERE TO FILE YOUR COMPLAINT, GIVE US A CALL FIRST. WE
WANT TO HELP YOU AVOID FILING A COMPLAINT WITH THE WRONG AGENCY.
What information is available through the Consumer Protection Division?
Information that can help you to become a safe and savvy consumer is available
in a variety of ways. This website provides a variety of information. Brochures
provided by the Division and the Federal Trade Commission (FTC) are also available
upon request. Information can be obtained from the FTC at
www.ftc.gov.
To obtain brochures from the Consumer Protection Division, please send a written
request to: Consumer Protection Division, P.O. Drawer 1508, Santa Fe, NM 87504-1508.
Please specify the topic about which you wish to get information. Consumers may
also be able to resolve a complaint or problem through another state agency. For
a listing of telephone numbers and addresses of state agencies go to
www.phonebook.state.nm.us.
Consumer Advocates are also available to give presentations at your club meeting,
school event or church gathering. Popular presentation topics include fraudulent
schemes that target the elderly, charitable giving, and consumer skills for teens.
Can I get information about a specific business from the Consumer
Protection Division?
The Consumer Protection Division tracks complaints against businesses
and is able to tell you: if complaints have been filed against a particular
business; when the complaint was filed; the nature of the complaint; and its resolution.
Please call 1-800-678-1508 to check on a business’ complaint history.
Can I get information about a charity from the Consumer Protection
Division?
The Registry of Charitable Organizations can let you know if a charitable organization
is registered with the Attorney General’s office. Please visit
our Charities
page for more information.
How do I file a complaint against a business?
Before filing a complaint, try contacting a representative of the business
to discuss your problem or concern. If you are unable to reach a satisfactory resolution,
you can download and print a complaint form from our website or call 1-800-678-1508
to request a complaint form (an instruction sheet is included). Please send
the completed form and copies of any relevant documents (e.g. canceled checks, contracts
or letters) to: Consumer Protection Division, P.O. Box Drawer 1508, Santa Fe,
NM 87054-1508.
What happens once I file a complaint with the Consumer Protection Division?
If the Division determines it will handle your complaint, it will
be assigned to a Consumer Advocate. The Consumer Advocate reviews the complaint
and accompanying documents, and then contacts the business on the consumer’s
behalf. The Advocate explains the nature of the complaint to the business with the
objective of reaching a mutually agreeable solution. The Advocate may also recommend
a resolution to the dispute. Our dispute resolution services will end if the parties
do not reach an agreement. At that point, the parties may take their dispute to
a court of law, including small claims court.
If the business is unwilling or fails to respond to the complaint, our office may
pursue an investigation and initiate any of the legal tools available. If the business
fails to respond, our Office may asses if any laws have been violated based on the
information provided by the consumer. Although a business is not legally obligated
to respond to our offer to assist in resolving a dispute with one of its customers,
it is recommended that the businesses respond as that is the only way they will
have a chance to state their position justifying their actions.
Does the Consumer Protection Division file lawsuits against businesses?
When circumstances warrant, the Consumer Protection Division may use
civil lawsuits to resolve complaints by getting restitution for consumers, fines
and civil penalties for businesses that willfully violate the law, and consumer
education benefits. It is important to understand that the Division cannot and does
not file lawsuits to recover property or money for individual consumers. The Division
files lawsuits on behalf of the public of the State of New Mexico as a whole. If
a consumer wants damages in addition to restitution, they are encouraged to seek
legal advice from a private attorney or a legal services organization, and to file
a private civil lawsuit against the business if they so choose.
Whether a particular legal action is taken in the public’s interest depends
on several factors:
- The severity of the case based on economic loss or the number and gravity of the
violation(s) of the law.
- The possibility of halting a fraudulent scheme quickly.
- The extent to which consumers will benefit from public enforcement.
- A comparison of the costs of enforcement with the benefits to the public.
- The likelihood of collecting penalties and restitution from the business on behalf
of harmed consumers.
- The resources available to the Consumer Protection Division.
- Whether the matters presented fall under the Division’s priorities and expertise
in relation to other matters.