solar panels on house Nov 19

Vivint Solar Pays $1.95 Million to Settle Claims About Deceptive Business Practices Against New Mexico Consumers

On October 1, 2020, Vivint Solar agreed to the entry of a Consent Order requiring it to reform its business practices in New Mexico.  Many deceptive business practices are addressed in the Consent Order.  Vivint Solar is now required to: Provide accurate information about the terms of the sale, lease or Power Purchase Agreement Adopt […]

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solar panels on house Jul 24

Can I Sue a Solar Company?

Have you been tricked in a door-to-door sale of a solar system?  New Mexico law provides strong protections against businesses that use misleading or deceptive tactics. You may be able to sue the solar company if it used misleading or deceptive tactics in selling you the solar system. The deception and trickery can take many […]

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Picture of phone receiving call Jul 10

United States Supreme Court Upholds Constitutionality of the Telephone Consumer Protection Act

On July 6, 2020, in Barr v. American Association of Political Consultants, the United States Supreme Court addressed the constitutionality of the Telephone Consumer Protection Act (“TCPA”).  Under this law, it is illegal for businesses to place robocalls to cell phones without earlier permission.  The Court concluded that the TCPA’s exception for government debt collection calls is […]

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Jun 22

CFPB Warns Mortgage Servicers to Start Complying with CARES Act Protections

On June 19, 2020, the Consumer Financial Protection Bureau (”CFPB”) put mortgage servicers  on notice, urging them to comply with credit reporting obligations amid record numbers of consumer complaints.  The CFPB saw its highest-ever complaint volumes in April and May 2020, due to COVID-19-related complaints.  Complaints about mortgages were most common among the COVID-19-related complaints. […]

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Jun 19

If You Are Having Trouble Obtaining Adequate Relief from Your Mortgage Servicer

COVID-19 has caused not just a health crisis.  For many New Mexico families, it has also caused an economic crisis. Most mortgage servicers are allowing homeowners to defer payments for three months.  Most are also requiring full payment for the deferred three months, plus the fourth month payment, on month four.  This solution is no […]

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Jun 12

New Mexico Protects Garnishment of Stimulus Checks

  On June 5, 2020, the New Mexico Supreme Court ordered that all garnishments in collection lawsuits against consumers were stayed until further notice because of COVID-19.  This Order protects stimulus checks from garnishment.  Garnishments related to child support or spousal support are not stayed.  A copy of the Order and the Press Release are […]

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Jun 02

Post-Forbearance Options for Homeowners

Many homeowners are questioning whether it is prudent to take advantage of the forbearance plans currently offered by mortgage servicers.  They are concerned that the forbearance plans may leave them worse off since most are for three months with a lump sum payment for the three months in arrears, plus the fourth month, due on […]

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May 14

Creditors, Mortgage Servicers, Landlords and Debt Collectors Are Ignoring COVID-19 Protections

  Provisions of the CARES Act and consumer protections enacted by the New Mexico Governor or the New Mexico Supreme Court are being ignored by creditors, mortgage servicers, landlords and debt collectors.  Garnishment, foreclosure and evictions should not be happening in many instances.  Even the threat to garnish, foreclose or evict might be a violation […]

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Picture of phone receiving call May 05

New Mexico Superintendent of Insurance Sets Up Call Center to Address Health Insurance Questions Related to COVID-19

New Mexicans with questions about health insurance coverage related to COVID-19 now have a call center for quick answers.  On May 1, 2020, the Office of the Superintendent of Insurance launched the toll-free call center.  It will answer questions 8 a.m. to 6 p.m. Monday through Saturday. Consumers are urged to call the call center […]

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Apr 29

Mortgage Servicers Are Providing Incomplete and Inaccurate Information About COVID-19 Relief Plans for FHA Mortgages

Many mortgages are insured by the FHA.  Through the CARES Act, Congress has acted to protect homeowners with FHA mortgages from foreclosure during these COVID-19 times.  On April 27, 2020, the federal government issued a letter documenting that many mortgage servicers are providing incomplete or inaccurate information about the relief plans available. The FHA Letter […]

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