Scams & Consumer Issues in New Mexico

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key New Mexico Law

New Mexico Statutes Section 57-12-3 (New Mexico Unfair Practices Act)

New Mexico's Unfair Practices Act (UPA) prohibits unfair or deceptive trade practices and unconscionable trade practices in connection with the sale of goods or services to consumers.

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Procedural Details in New Mexico

New Mexico's Unfair Practices Act (NMSA Section 57-12-1 et seq.) provides a private right of action under NMSA Section 57-12-10. Consumers may recover actual damages or $100 (whichever is greater) plus attorney fees. For willful violations, courts may award up to three times actual damages. The statute of limitations is four years under NMSA Section 57-12-10(C). The New Mexico AG enforces the UPA and may seek civil penalties up to $5,000 per violation, injunctions, and restitution. New Mexico requires contractors to be licensed by the Construction Industries Division (CID) under NMSA Section 60-13. Contractors performing work with a total value exceeding $1,000 must hold a CID license. Unlicensed contracting is a misdemeanor and can affect contract enforceability. New Mexico's UPA also covers unconscionable trade practices — broader than just deceptive practices — which may encompass exploitative pricing and oppressive contract terms.

New Mexico Agencies & Resources

New Mexico Attorney General — Consumer Protection Division

Enforces New Mexico's Unfair Practices Act and accepts consumer fraud complaints.

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New Mexico Construction Industries Division (CID)

Licenses contractors and handles contractor fraud and licensing complaints.

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Frequently Asked Questions

What remedies are available under New Mexico's Unfair Practices Act?

Actual damages or $100 (whichever is greater) plus attorney fees. For willful violations, courts may award up to three times actual damages. The AG may seek civil penalties up to $5,000 per violation.

Does New Mexico cover unconscionable trade practices?

Yes. New Mexico's UPA covers not just deceptive practices but also unconscionable trade practices — including exploitative pricing, oppressive terms, and conduct that takes advantage of consumers' inability to protect their interests.

Does New Mexico require contractor licensing?

Yes. Contractors performing work over $1,000 must hold a license from the Construction Industries Division under NMSA Section 60-13. Verify licenses at rld.nm.gov/construction-industries.

What is the statute of limitations for New Mexico consumer fraud?

Four years from the date of the deceptive or unconscionable practice under NMSA Section 57-12-10(C).

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