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.

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.

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.

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.

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.