More about Consumer Protection
Monitoring of Business Practices
Complaint Resolution
Consumer Education
Investigation
Legislation and Regulation
Litigation
Monitoring of Business Practices
The Consumer Protection Division collects and monitors information regarding business
practices which may violate New Mexico or Federal consumer protection laws. Consumers
who contact the division are asked to file a written complaint to assist division
staff in gathering critical information about business practices. This data
may lead to investigations of a pattern and practice that is affecting the public
interest, legislation and regulations to protect consumers, or, when circumstances
warrant, litigation on behalf of the Attorney General and the public interest to
challenge business practices that violate New Mexico or Federal law. top
Complaint Resolution
The Consumer Protection Division does not represent individual consumers. The Division’s
complaint resolution services begin with the public. No matter how careful consumers
may be about making purchases, disputes arise. Where the dispute involves business
practices that violate New Mexico or Federal law, the consumer has a right to expect
that the problem will be resolved. In some matters, if a consumer
contacts the business, but is unable to resolve the dispute, the Division’s
complaint resolution services may be available. There is no charge to the public
for these services. top
Consumer Education
An informed consumer is a safer and more satisfied consumer. Ideally, in every trade
or commercial transaction involving a business and a consumer, each side should
enter into the transaction knowing its respective rights. In reality, however, it
is more likely that the consumer is at a disadvantage and not totally knowledgeable
of his or her rights. The Division’s staff takes every opportunity to give
live presentations on specific topics to groups and organizations. The Division
also maintains a presence at annual fairs and festivals to distribute general information
to the public and answer questions. The Division also provides self-help information
to consumers to assist the consumer in resolving disputes with a business. The
Division has an extensive collection of leaflets and booklets addressing common
consumer topics and questions. If you would like to request any of these materials,
please submit a written request to: Consumer Protection Division, P.O. Drawer 1508,
Santa Fe, NM 87504-1508. Please specify what type of information you would like.
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Investigation
When the Consumer Protection Division becomes aware of a certain pattern and practice
that may be affecting the public interest, the Unfair Practices Act offers several
tools that can be used to stop the trade practice and change any illegal behavior.
If an unfair practice is found the Attorney General can demand that the business
stop the unfair trade practice immediately. The Attorney General can also get an
assurance in writing from the business that it will stop the unfair trade practice
altogether. The Attorney General is given authority to use these tools, if necessary,
under the Unfair Practices Act. The Attorney General as a public official has the
discretion to determine when and how to use these legal tools. This discretion is
driven by the Division’s resources, priorities and expertise, and by the gravity
of the unfair and deceptive business practice(s) in relation to all other complaints
filed by the public. The public, therefore, cannot request and does not direct or
demand an investigation. top
Legislation and Regulation
When the Division becomes aware of patterns and practices that reoccur or are prevalent
in a particular industry, the Division’s focus turns to long-term resolutions
that will protect consumers who might deal with a particular industry in the future.
This goal is achieved by proposing changes in existing consumer laws to the New
Mexico legislature or drafting proposed legislation to address industries that do
not have consumer-related safeguards. The office of the Attorney General is also
authorized to promulgate rules, which clarify the Unfair Practices Act. These rules
are public record and are available for the public’s inspection.
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Litigation
When circumstances warrant, the Division may file a civil lawsuit to challenge business
practices that violate New Mexico or Federal law. This litigation is filed
on behalf of the State Attorney General and may seek restitution for consumers impacted
by the business’ practice(s), fines and civil penalties for businesses that
violate the law, and consumer education benefits. It is important to understand
that the Division cannot and does not file lawsuits to recover damages for individual
consumers. The remedy for individuals in a public legal action is limited to restitution
or reimbursement. The Division files lawsuits on behalf of the citizens 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 may file a private civil lawsuit against the business if they
so choose. Again, the decision to litigate any particular matter is within the discretion
of the Office of the Attorney General. This decision is made based on the resources
available, the priorities and the expertise of the Division’s personnel, the
likelihood of success and collection of restitution, and how serious the violations
are compared to all other similar business activities we become aware of through
our complaint process. top