Sometimes when construction or roofing projects go south, the homeowner learns the contractor or roofer did not have a license or failed to obtain the required permit before starting the work. Contractors and roofers are required to obtain permits for any contractor or roofing work. The permitting process alerts the authorities to the work that […]
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Can I sue a car dealer?
Did you purchase a car or truck and later find out it had been wrecked? You likely can sue the auto dealer if the dealer did not adequately inform you about the prior wreck damage and repairs. New Mexico law provides strong protections concerning the sale of wrecked vehicles. No doubt motivated by widespread fraud […]
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NM Court of Appeals reaffirms that failure to disclose prior accidents is a UPA Violation
Ms. Hernandez bought a used car from Outwest Auto Corral. The dealership didn’t provide the required paperwork about the car’s prior accident, minimizing the extent of the prior damage and repairs. The Court of Appeals determined this failure to fully disclose was a violation of New Mexico’s Unfair Practices Act (UPA), allowing Ms. Hernandez to […]
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N.M. Supreme Court: Credit union must use lawyers, not employees to sue debtors
In a class action brought by Treinen Law Office and Humphreys Wallace Humphreys, the New Mexico Supreme Court unanimously ruled that credit union employees who are not licensed attorneys cannot pursue debt collection lawsuits against consumers, even in small claims court. This decision arose from a class action lawsuit by consumers who had taken loans […]
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Solar Fraud Is Rife in New Mexico
Did you answer a knock on your door to be greeted by someone from a solar company? Did the salesperson promise to eliminate your electric bill if you agreed to have a solar system installed? Were you told that the installation of the solar system was part of a government program? Were you told there […]
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Chamber of Commerce Uses Bribes to Manufacture Fake Support for Forced Arbitration
An attorney who identified himself as working with the Chamber of Commerce offered an Arizona consumer protection attorney $2,000 to put his name on an op/ed defending forced arbitration and attacking the FAIR Act. The draft op/ed was filled with false statements pretending that it’s a good thing for consumers to be forced into arbitration. […]
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New Mexico Passes Patients Debt Collection Protection Act
This past legislative session, New Mexico passed a bill that puts in place strong protections concerning medical debt. This bill was much needed. All New Mexicans should be able to get the healthcare they need without risking financial disaster. We all need access to healthcare, but medical debt is an enormous burden on our community. […]
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National Eviction Moratorium Stricken Down But New Mexico Eviction Moratorium Still in Place
On May 5, 2021, a federal judge struck down the national eviction moratorium. This action leaves millions of Americans in jeopardy of losing housing just as COVID-19 restrictions are lifted and Americans begin looking for new jobs and navigating a return to school for their children. However, in New Mexico, all is not lost. There […]
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Vivint Smart Homes Pays $20 Million to FTC for Widespread Identity Theft
Smart home security and monitoring company Vivint Smart Homes has agreed to pay $20 million to settle Federal Trade Commission (“FTC”) allegations that it stole identities to help unqualified customers obtain financing for its products and services. Under the settlement, Vivint will pay a $15 million civil penalty and an additional $5 million to compensate […]
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New Federal Debt Collection Rule on Eviction Takes Effect on May 3, 2021
A new Consumer Financial Protection (“CFPB”) Interim Final Rule increases information for tenants about COVID-related protection from eviction, and clarifies that consumers have federal remedies against debt collectors involved in the eviction that fail to provide or misrepresent that information. The interim final rule prohibits debt collectors from filing an eviction for non-payment of rent […]
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