Signature page Dec 22

If Bill Passes, New Mexico Annual Percentage Rate Cap Would Be Lowered to 36 Percent

For the last ten years, consumer advocates have tried to get a bill through the New Mexico legislature that would cap the Annual Percentage Rate (“APR”) on all loans at 36 percent.  New Mexico’s current cap is 175 percent, one of the highest in the nation.  Passage of the 36 percent bill this year is […]

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Dec 09

Pandemic Relief: New Mexico Programs Available

Here are links to the critical programs so that you can learn more and get the help you need (Please share these links with your family, friends, and colleagues): · Small Business CARES Relief Grants (Application Open 12/7-12/18) · NM Economic Development Department Webinar on the Small Business CARES Relief Grants.   New Mexico Worker Pandemic […]

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Dec 09

Helpful Website Concerning COVID-19 Financial Relief Options

Consumer Litigation Associates have created a website, http://www.consumer.law, to provide a central source of information for consumers facing financial challenges during the COVID-19 crisis.  This website includes lists of hardship programs for mortgage, auto, credit card and student loan lenders.  If you need financial help due to COVID-19 hardship, this website is a great resource.

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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 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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Law Gavel Apr 29

New Mexico Court of Appeals Holds Wells Fargo’s Reprehensible Conduct Justifies Punitive Damages

On April 6, 2020, the New Mexico Court of Appeals held that reprehensible conduct by a bank – namely, Wells Fargo – justified significant punitive damages against it.  Wells Fargo sold the homeowner an accidental death policy that was supposed to pay off his mortgage if he met an untimely death.  When the homeowner died, […]

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Law Gavel Apr 28

New Mexico Supreme Court Strikes Down Unfair Arbitration Scheme in Nursing Home Contract

On April 6, 2020, the New Mexico Supreme Court affirmed that one-sided arbitration schemes will not be enforced in New Mexico.  Treinen Law Office was involved as one of the attorneys for the New Mexico Trial Lawyers Association and the American Association for Justice (“AAJ”).  These groups pointed out to the Court why unfair arbitration […]

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money on envelope Apr 22

Unfair Garnishment of Stimulus Checks in New Mexico

The CARES Act was supposed to get money directly to Americans quickly. Folks need it. They are out of work through no fault of their own. Unlike many other states, New Mexico has not acted to protect stimulus checks from unfair garnishment. Since so many New Mexicans have nothing to fall back on, this failure […]

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