12.2.1.030 Consumers Protected by State Laws of New Mexico

All members of the Pueblo of San Ildefonso, and residents thereof, are protected by the following Consumer Protection Statutes of the State of New Mexico in commercial transaction, with dealers licensed by the State of New Mexico, and should avail themselves of their benefits and remedies, when applicable.

(a) UNFAIR TRADE PRACTICES ACT 49-15-1, N.M.S.A. 1953, et seq. This Act makes it unlawful for any business or person to make false or misleading statements in connection with the sale, lease, or rental or goods or services. Violations include chain referral sales, resetting odometers, failing to reveal chassis repair, regrooving tires, and representing used goods as being new. Individuals may sue under the Act and obtain injunctions and court costs. Violations may also be reported to the Attorney General who has subpoena power to investigate the violation and the power to seek an injunction and to seek a civil penalty of $5,000.00 for each willful violation. The 1977 Legislature may give individuals the right to sue for damages under the Act.

(b) FALSE ADVERTISING ACT 49-12-1, N.M.S.A. 1953, as amended. This Act makes it unlawful for anyone to engage in false or misleading advertising or labeling. Enforcement power lies with the Attorney General who can seek an injunction or civil penalty of $500.00 for willful violations. The Attorney General has subpoena power to investigate violations of this Act. Individuals any, with the authorization of the Attorney General, seek injunction against false advertising. Common violations include misrepresenting the price of goods, advertising bargain goods that are not available, and showing samples of more expensive models than the ones on sale at the advertised price.

(c) Indian ARTS AND CRAFTS SALES ACT 40-21-24 and 40-21-25, 1 N.M.S.A. 1953, et seq. This Act makes it unlawful to sell of trade jewelry or arts and crafts without so labeling them as "Indian Imitation" or to sell imitation turquoise without revealing it is not natural or stabilized turquoise. Violations of the Act are petty misdemeanors punished by fines of $100.00 or imprisonment of thirty (30) to ninety (90) days, or both. The Attorney General has the duty of enforcing the Act.

(d) MANUFACTURERS, DISTRIBUTORS AND DEALERS BUSINESS PRACTICES ACT, 64-37-1 N.M.S.A. 1953, as amended. This Act makes it unlawful for an automobile dealer to falsely advertise, to require the purchase of optional accessories, to fail to perform its warranty obligations, to represent a used car as new, or to knowingly sell a stolen vehicle. Willful violations of the Act is a petty misdemeanor punishable by a fine of $100.00 or $50.00 or imprisonment of up to six (6) months in jail. An individual any also sue for an injunction any damages he has incurred where a violation of the Act has occurred. The court is required to award the consumer his damages, attorney's fees and Court costs if he prevails. The cur may also, in its discretion, award punitive damages of three times the amount of the actual damages awarded.

(e) RETAIL INSTALLMENT SALES ACT, 50-16-1 N.M.S.A. 1953, et seq. This Act required that numerous disclosures about the cost and terms of credit and customers' rights be printed an all installment contracts for the sale of goods. The Act prohibits delinquency charges in excess of $5.00 per default. The Act prohibits contract provisions which require or allow: confessions of judgment, assignments of wages, repossession by illegal means, or waiver of all defenses. Willful and intentional violation of the Act is a misdemeanor. Any merchant that violates that Act loses its right to collect any interests, fees or delinquency charges on the installment contract. The merchant can only recover the balance of the principal. The Attorney General may obtain injunction against continuing violations of the Act, and he is responsible for its enforcement.

(f) MOTOR VEHICLE SALES FINANCE ACT, 50-15-1 N.M.S.A. 1953, et seq. This Act regulates banks, dealerships and finance companies that finance the sale of motor vehicles. It provides that any credit institution financing the sale of a motor vehicle may be its license suspended, be charged with a misdemeanor or be barred in court form collecting all finance and delinquency charges for violations of this Act. The State Banking Commissioner is responsible for its enforcement and his office has investigative subpoena powers. Violations of the Act include charging excessive interest, failing to reveal all required credit terms, failing to give the buyer a copy of the contract and insurance policy, refusing to tell a buyer how much he has paid and still owes, or having a buyer sign the contract in blank. For free information about possible violations, call the State Banking Commissioner.

(g) NEW MEXICO SMALL LOAN ACT, 48-17-30 N.M.S.A. 1953, as amended. This Act regulates all loans of $2,500.00 or less, whether made by finance companies, banks or credit unions. The Act requires lenders to reveal the following information to the borrower about all loans. The repayment schedule, the type of collateral used as security, the annual percentage rate of interest, the total interest in dollars and cents, and all other charges. Lenders under the Act cannot charge more than 36% per year on the first $150.00 for unpaid balance, 24% per year on the next $150.00 or unpaid balance, or more than 12% per year on the balance over $300.00. Lenders way not require purchase of whole life insurance or health insurance. In addition, they may not loan money to persons who already have three other outstanding loans. The State Bank Examiner is responsible for the enforcement of this Act. He has investigative subpoena powers and may issue cease and desist orders. He may also suspend licenses or prosecute violators criminally. Knowing violations of the Act are petty misdemeanors. A small loan made by a person or company without a license is void, and the lender has no right to sue in any court of this State to collect or recover any principal, interest or any charges whatsoever.

(h) NEW MEXICO EXEMPTION LAWS, 36-14-7 N.M.S.A. 1953, et. seq. 24-5-1 N.M.S.A. 1953 et seq., 24-6-1 N.M.S.A. 1953 et seq. These laws are designated to protect a minimum amount of everyone's property from seizure by creditors. Generally, these laws provide that one motor vehicle, all furniture, a home, all collateral, all clothing, all trade tools, all medical equipment, all books, all pension funds and social security are exempt (or protected by law) from collection by creditors. Three-fourths of a person's take home pay and $500.00 (home owners) or $1,500.00 (renters) worth personal property (appliances, jewelry, farm equipment, etc.) are also exempt from seizure by creditors collecting on Court Judgments. In order to obtain this protection, which is not automatic a person must file a Claim of Exemption listing the property he wants protected with the Clerk of the Court that issued the Judgment against the person. See the sample form in Consumer Handbook, page fifty-one (51).