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Unfair and Deceptive Practices

Section 57-12-10 — actual damages or $100, and up to three times or $300 when willful

Unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful under the Unfair Practices Act.

  • NMSA 1978, § 57-12-3
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Who handles this in New Mexico: New Mexico Free Legal Answers and Senior Citizens' Law Office; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

A person who loses money or property because of a practice the act makes unlawful may sue for actual damages or $100, whichever is greater. Where the practice was willful, the court may award up to three times actual damages or $300, whichever is greater.

A person likely to be damaged by such a practice may get an injunction without proving monetary loss or intent to deceive.

Sources for this section (2)
  1. NMSA 1978, § 57-12-3 — Unfair or deceptive and unconscionable trade practices prohibited
  2. NMSA 1978, § 57-12-10 — Private remedies

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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