N.M. Stat. Ann. § 57-12-10

Section 57-12-10(C) treats an action as groundless for purposes of a defendant’s fee request when it was frivolous under the facts or law at the time it was brought.

Knight v. Snap-On Tools Corp. · filed 1993-08-31(C)

A claim is groundless under the UTPA if it is frivolous under the facts or law extant at the time it is brought.

Section 57-12-10(C) entitles a plaintiff who recovers statutory damages for an unfair or deceptive trade practice to attorney fees and costs.

Daye v. Community Financial Loan Service Centers, LLC · filed 2017-11-30(C)

Recovering statutory damages means that Daye is a “party complaining of an unfair or deceptive trade practice” who prevails, so she is entitled to recover “attorney fees and costs.”

Section 57-12-10(C) requires an award of fees and costs to a party charged with a UPA violation if the action was groundless; dismissal for failure to state a claim does not alone establish groundlessness.

Raja v. Ohio Sec. Ins. Co. · filed 2018-03-31(C)

Although the Court sees fit to dismiss those UPA allegations for failing to state a claim, the Court sees no sound reason to conclude, however, that these UPA claims were baseless.

Section 57-12-10(C) entitles a plaintiff who wins a UPA claim to attorney fees even when the recovery is below the federal diversity jurisdictional amount.

Mimaco LLC v. Faurie · filed 2000-07-31(C)

However, § 1332(b) applies to costs, not attorney fees. In addition, § 1332(b) permits, but does not require, a district court to deny costs when a plaintiff’s recovery is less than the jurisdictional amount. ... In this case, plaintiff won a jury verdict on its UPA claim and therefore is entitled to attorney fees under N.M. Stat. Ann. § 57-12-10(C).

Section 57-12-10(C) entitles a party who prevails on a UPA claim through a settlement to reasonable attorney fees and costs.

Fallen v. GREP Southwest, LLC · filed 2017-03-30(C)

The Fallens successfully prosecuted their UPA and UORRA claims against GREP Southwest and Camino Real, because GREP Southwest and Camino Real agreed to pay the Fallens $2,000.00 to settle those claims. ... Accordingly, the Fallens, as prevailing parties under the UPA and the UORRA, are “entitled to reasonable attorneys’ fees and court costs to be assessed by the court.” N.M. Stat. Ann. § 47-8-48(A). See N.M. Stat. Ann. § 57-12-10(C).

Section 57-12-10(C) requires an award of attorneys’ fees and costs to a prevailing claimant.

Woodmen of the World Life Insurance Society v. Manganaro · filed 2003-09-09(C)

In addition, attorneys’ fees and costs “shall [be] award[ed]” to a prevailing claimant. Id. § 57-12-10(C). ... Because the UPA requires the award of attorneys’ fees to a prevailing claimant, the potential award of attorneys’ fees, in addition to compensatory and treble damages, should have been considered in determining whether Woodmen satisfied the jurisdictional amount.

Section 57-12-10(B) requires a loss caused by an illegal practice, with proof of impact judged as it is under New Mexico antitrust law.

In re New Motor Vehicles Canadian Export Antitrust Litigation · filed 2006-05-12(B)

New Mexico’s consumer protection statute limits recovery to one “who suffers any loss of money or property, real or personal, as a result of’ an illegal practice. N.M. Stat. Ann. § 57-12-10(B). Although I have found no New Mexico cases on point, I see no reason to judge proof of impact any differently than for antitrust.

Section 57-12-10(A) permits injunctive relief without proof of monetary loss.

Padilla v. Am. Modern Home Ins. Co. · filed 2017-09-30(A)

The first remedy under the statute-injunctive relief-expressly is not conditioned upon proof of monetary loss.

Section 57-12-10(B) allows statutory damages without proof of actual monetary or property loss.

Bhasker v. Kemper Cas. Ins. Co. · filed 2019-02-07(B)

UPA plaintiffs do not need to show actual damages, or the actual loss of money or property to recover statutory damages, however.

Section 57-12-10(B) permits $300 in statutory damages for a willful violation even without actual damages, but treble damages require actual damages.

Woodward v. GEICO Advantage Insurance Company · filed 2022-07-25(B)

The Court does find, however, that Woodward has plausibly alleged an entitlement to “three times actual damages or $300” under N.M. Stat. Ann. § 57-12-10(B). ... Of course, Woodward cannot establish an entitlement to “treble damages” in the absence of actual damages, but he may be entitled to statutory damages of $300 if he otherwise satisfies the statutory standard.

Section 57-12-10(B) gives the court discretion to award treble damages for a willful Unfair Practices Act violation.

Mohon v. National Congress of Employers Inc. · filed 2021-02-16(B)

Like the TCPA claim, the New Mexico UPA grants a court discretion to treble damages if it finds a willful violation.

Section 57-12-10(B) allows a claimant to recover actual damages or $100, whichever is greater, and permits increased damages for a willful violation.

Mohon v. Spiller II · filed 2023-10-04(B)

The UPA provides that “[a]ny person who suffers any loss of money or property, real or personal, as a result of any … act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater.” N.M. Stat. Ann. § 57-12-10(B). Plaintiff therefore is entitled to $40,000 in statutory damages under the UPA. ... The UPA also allows treble damages “up to three times actual damages or three hundred dollars ($300), whichever is greater, to the party complaining of the practice,” if the court finds that a defendant has “willfully engaged in the [complained of] trade practice.” N.M. Stat. Ann. § 57-12-10(B). ... The Court concludes that Plaintiff is entitled to trebled damages.

Section 57-12-10(B) permits recovery for diminished vehicle value without requiring a defect to manifest.

In re Gen. Motors LLC · filed 2018-09-12(B)

It is true that in ... but nothing in the Court's decision - or any other decision applying New Mexico law - suggests that manifestation is required to recover under the New Mexico UTPA.