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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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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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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Apr 18

COVID-19 Protections Available for Fannie Mae Mortgages

Many mortgages are held by Fannie Mae.  Although you make your payments to another company – called the mortgage servicer – Fannie Mae, which is a quasi-governmental entity, holds the mortgage.  In response to the CARES Act, Fannie Mae has issued instructions to the servicers of its mortgages. Treinen Law Office PC is happy to […]

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Family car with dad and son Apr 13

Auto Insurers Are Reducing Premiums, Giving Refunds and Promising Not to Cancel for Non-Payment

The COVID-19 pandemic has caused business shutdowns.  It has caused reduced income for many Americans.  Stay-at-home orders have cleared traffic from roads across the country.  Eleven of the largest auto insurance companies say they will give back a portion of premiums to policyholders because they have fewer accidents to cover.  Other companies will likely follow. […]

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