NM Attorney General and CFPB Consumer Complaint Pack

NM ATTORNEY GENERAL AND CFPB CONSUMER COMPLAINT PACK — NEW MEXICO

TABLE OF CONTENTS

1. Document A — NM AG Cover Letter
2. Document B — NM AG Consumer Complaint
3. Document C — CFPB Online Complaint Narrative
4. Document D — FTC ReportFraud Narrative (optional)
5. Document E — Specialized Regulator Complaint Cover (optional)
6. Filing and Follow-Up Checklist
7. New Mexico Practice Notes
8. Sources and References

1. DOCUMENT A — NM AG COVER LETTER

[CONSUMER FULL NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

[PHONE] | [EMAIL]

Date: [DATE]

Sent via U.S. Mail and Online Submission at https://nmdoj.gov/submit-a-complaint/

To:

New Mexico Department of Justice

Office of the Attorney General

Consumer & Environmental Protection Division

408 Galisteo Street, Villagra Building

Santa Fe, NM 87501

Telephone: (505) 490-4060

Re: Consumer Complaint — Violation of the New Mexico Unfair Practices Act (NMSA § 57-12-1 et seq.)

Respondent: [BUSINESS NAME]

Dear Sir or Madam:

I respectfully submit the enclosed Consumer Complaint against the above-named respondent for violations of the New Mexico Unfair Practices Act (NMSA § 57-12-1 et seq.). The conduct described in the enclosed complaint constitutes one or more unfair, deceptive, or unconscionable trade practices within the meaning of NMSA § 57-12-2(D) and (E).

I respectfully request that the Division:

• (a) Investigate the conduct described herein;
• (b) Pursue restitution on behalf of affected New Mexico consumers;
• (c) Seek civil penalties of up to $5,000 per willful violation under NMSA § 57-12-11; and
• (d) Pursue injunctive relief and any other relief authorized by NMSA § 57-12-1 et seq.

Enclosed are supporting documents (contracts, invoices, advertisements, communications, photographs, and prior correspondence with the respondent). I am available to provide further information or testimony as the investigation may require.

Sincerely,

[________________________________]

[CONSUMER FULL NAME]

Enclosures (list)

2. DOCUMENT B — NM AG CONSUMER COMPLAINT

2.1 Complainant Information

• Full legal name: [NAME]
• Address: [STREET, CITY, STATE ZIP]
• Telephone: [NUMBER]
• Email: [EMAIL]
• Best method of contact: ☐ Mail ☐ Email ☐ Phone
• Are you represented by counsel? ☐ Yes ☐ No
• If yes, attorney name / firm / contact: [__________]

2.2 Respondent Information

• Business / individual name: [__________]
• Doing business as (DBA): [__________]
• Address: [__________]
• Telephone: [__________]
• Website / email: [__________]
• License or registration (if known): [__________]
• Type of business: [debt collector / lender / retailer / contractor / online seller / utility / etc.]

2.3 Transaction Information

• Date of transaction or first contact: [__/__/____]
• Place of transaction (city/county): [__________]
• Amount in dispute: $[______]
• Method of payment: ☐ Cash ☐ Credit card ☐ Debit card ☐ Check ☐ ACH ☐ Wire ☐ Crypto ☐ Other
• Was the transaction in person, by phone, online, or door-to-door? [__________]

2.4 Statement of Facts

[Provide a complete chronological narrative. Include dates, names of representatives, statements made, written representations relied upon, and how those representations were false or misleading. Quote verbatim where possible.]

[____________________________________________________________]

2.5 Identification of Unfair, Deceptive, or Unconscionable Practices

The respondent's conduct violates the New Mexico Unfair Practices Act, NMSA § 57-12-1 et seq., including without limitation:

• ☐ NMSA § 57-12-2(D)(5) — representing that goods or services have characteristics they do not have;
• ☐ NMSA § 57-12-2(D)(7) — representing that goods or services are of a particular standard, quality, or grade when they are of another;
• ☐ NMSA § 57-12-2(D)(14) — using exaggeration, innuendo, or ambiguity as to a material fact;
• ☐ NMSA § 57-12-2(D)(15) — failing to deliver the quality or quantity contracted for;
• ☐ NMSA § 57-12-2(D)(17) — failing to disclose a material fact known by the seller;
• ☐ NMSA § 57-12-2(E) — unconscionable trade practice (gross disparity / taking advantage of lack of knowledge);
• ☐ Other (describe): [__________]

2.6 Harm Suffered

• Out-of-pocket loss: $[______]
• Other consequential harm: [__________]
• Number of others potentially affected (if known): [______]

2.7 Resolution Sought

• ☐ Refund of $[______]
• ☐ Cancellation of contract
• ☐ Repair or replacement
• ☐ Removal of credit-bureau item
• ☐ Cease-and-desist order
• ☐ Public enforcement action
• ☐ Other: [__________]

2.8 Prior Efforts to Resolve

I have attempted to resolve this matter directly with the respondent as follows:

• Date(s) of contact: [__________]
• Method (phone / letter / email / in-person): [__________]
• Respondent's response: [__________]

2.9 Other Agencies Notified

• ☐ Better Business Bureau — Date: [__________]
• ☐ CFPB — Complaint No.: [__________]
• ☐ FTC — Confirmation No.: [__________]
• ☐ Local law enforcement — Report No.: [__________]
• ☐ Other: [__________]

2.10 Authorization and Verification

I authorize the New Mexico Department of Justice to forward this complaint and the enclosed materials to the respondent and to other agencies as appropriate. I declare under penalty of perjury under the laws of the State of New Mexico (NMSA § 30-25-1) that the foregoing is true and correct to the best of my knowledge.

[________________________________]

[CONSUMER FULL NAME]

Date: [DATE]

3. DOCUMENT C — CFPB ONLINE COMPLAINT NARRATIVE

3.1 Product / Issue Selection (CFPB intake)

• Product: ☐ Debt collection ☐ Credit reporting ☐ Mortgage ☐ Credit card ☐ Student loan ☐ Auto loan/lease ☐ Bank account ☐ Money transfer/virtual currency ☐ Payday loan ☐ Prepaid card ☐ Other
• Sub-product / issue: [__________]

3.2 What happened? (paste into CFPB narrative box)

I am a New Mexico consumer. On [DATE], [BUSINESS NAME] [describe conduct in factual, chronological form].

The conduct violates [applicable federal statute — FDCPA / FCRA / TILA / RESPA / EFTA / TCPA] and the New Mexico Unfair Practices Act (NMSA § 57-12-1 et seq.).

I have suffered [describe harm — actual financial loss, credit harm, time, emotional distress].

I have attempted to resolve this with the company on [DATES, METHODS] with no satisfactory response.

I request that the CFPB forward this complaint to the company, require a substantive response, and consider supervisory or enforcement action as appropriate.

3.3 Desired Resolution (CFPB intake)

• ☐ Refund of $[______]
• ☐ Loan modification / repayment plan
• ☐ Removal of inaccurate credit reporting
• ☐ Cease unauthorized contact / charges
• ☐ Other: [__________]

3.4 Authorization

☐ I authorize CFPB to publish a redacted version of this complaint in the public Consumer Complaint Database.

☐ I authorize CFPB to share this complaint with the New Mexico Attorney General and any other appropriate federal or state agency.

4. DOCUMENT D — FTC REPORTFRAUD NARRATIVE (OPTIONAL)

4.1 Type of Report

• ☐ Imposter scam
• ☐ Online shopping
• ☐ Robocalls / unwanted calls
• ☐ Auto-related
• ☐ Internet services
• ☐ Credit-related
• ☐ Other: [__________]

4.2 What happened?

[Paste the same narrative used for the CFPB or AG complaint, edited for FTC's Consumer Sentinel format. Include date, dollar amount, payment method, and any contact information for the bad actor.]

5. DOCUMENT E — SPECIALIZED REGULATOR COMPLAINT COVER (OPTIONAL)

Cover paragraph:

Enclosed is my consumer complaint regarding [RESPONDENT], a [regulated entity type] under your supervision. The conduct described constitutes a violation of [applicable federal/state law and regulation] and the New Mexico Unfair Practices Act, NMSA § 57-12-1 et seq. I respectfully request investigation and supervisory action.

6. FILING AND FOLLOW-UP CHECKLIST

☐ NM AG complaint filed online and via U.S. Mail (CMRRR)

☐ AG confirmation/case number recorded: [__________]

☐ CFPB complaint submitted; ID: [__________]

☐ FTC ReportFraud submission ID: [__________]

☐ Specialized regulator notified: [__________]

☐ Copies retained of all submissions, attachments, and confirmations

☐ Calendar set for 15 / 30 / 60 day follow-up

☐ Demand letter to respondent referencing AG / CFPB filings (leverage)

☐ NMUPA pre-suit notice, if statutory or contractual notice required

☐ Document preservation (litigation hold) issued to respondent if litigation contemplated

☐ Consider private NMUPA action — four-year SOL under NMSA § 37-1-4

7. NEW MEXICO PRACTICE NOTES

• NM AG enforcement authority. The Attorney General may seek injunctive relief, restitution, and civil penalties up to $5,000 per WILLFUL violation of the NMUPA (NMSA § 57-12-11). The AG also accepts assurances of voluntary compliance under § 57-12-13. Filing an AG complaint creates pressure on respondents and develops investigative records useful in private litigation.
• AG office locations and contacts. Santa Fe (main): 408 Galisteo Street, Villagra Building, Santa Fe, NM 87501; (505) 490-4060. Albuquerque: 111 Lomas Blvd. NW, Albuquerque, NM 87102; (800) 678-1508. Online: https://nmdoj.gov/submit-a-complaint/.
• Parallel private NMUPA action. Filing an AG complaint does NOT preclude private suit. NMSA § 57-12-10 provides actual damages or a $100 minimum, discretionary trebling on willfulness, and MANDATORY attorney fees to a prevailing consumer. Statute of limitations is four years (NMSA § 37-1-4).
• CFPB complaint mechanics. Filed at consumerfinance.gov/complaint. The CFPB forwards the complaint to the company, which must respond (typically within 15 days, with up to 60 days for resolution). A redacted version may be published. CFPB shares complaints with state AGs and other regulators. The CFPB Consumer Complaint Database is searchable and can corroborate a pattern in private litigation.
• FTC complaints — Sentinel. ReportFraud.ftc.gov submissions feed the Consumer Sentinel Network used by 2,800+ federal/state/local law-enforcement agencies. The FTC does not resolve individual disputes but uses aggregated data for enforcement.
• Data breach overlay. If the underlying conduct involves a breach of personal information of NM residents, also report to the NM AG under the Data Breach Notification Act (NMSA § 57-12C-10) and consider private NMUPA claims.
• Pre-suit demand strategy. Sending a courtesy copy of the AG/CFPB complaint to the respondent often produces faster resolution than the demand alone. Pair with an NMUPA pre-suit demand referencing § 57-12-10's mandatory fee provision.
• Recordkeeping for litigation. Retain originals of all submissions, confirmation numbers, certified-mail receipts, and any correspondence from agencies. These are admissible to show notice, willfulness, and respondent's response (or non-response) for treble-damages findings under NMSA § 57-12-10(B).

8. SOURCES AND REFERENCES

• NM Department of Justice — Submit a Complaint — https://nmdoj.gov/submit-a-complaint/
• NM Attorney General — Consumer Affairs — https://www.nmag.gov/about-the-office/consumer-affairs/
• NM Department of Justice — Contact Us — https://nmdoj.gov/contact-us/
• NM Department of Justice complaint form (English PDF) — https://nmdoj.gov/wp-content/uploads/NMDOJ-Complaint-Form-English.pdf
• NMSA § 57-12-1 et seq. (NMUPA) — https://nmonesource.com/
• NMSA § 57-12-10 (Private remedies) — https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-10/
• NMSA § 57-12-11 (AG enforcement; civil penalties)
• NMSA § 57-12C-1 et seq. (Data Breach Notification Act) — https://law.justia.com/codes/new-mexico/chapter-57/article-12c/
• CFPB Submit a Complaint — https://www.consumerfinance.gov/complaint/
• FTC Report Fraud — https://reportfraud.ftc.gov/
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• NM Regulation and Licensing — Financial Institutions Division — https://www.rld.nm.gov/financial-institutions/
• NM Office of Superintendent of Insurance — https://www.osi.state.nm.us/
• NM Public Regulation Commission — https://www.prc.nm.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Mexico must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.