Consumer Protection UDAP Demand Letter — New Mexico

NEW MEXICO CONSUMER PROTECTION UDAP DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER / LAW FIRM NAME]
[________________________________]
[Street Address]
[________________________________]
[City], New Mexico [ZIP]
Telephone: [________________________________]
Email: [________________________________]
NM Bar No.: [____________] (if attorney)

Date and Recipient

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

TO:
[Name of Respondent / Business Entity]
[Registered Agent, if entity — search NM Secretary of State, Corporations & Business Services]
[________________________________]
[Street Address]
[________________________________]
[City], [State] [ZIP]

Subject Line / Re: Block

Re: Demand for Relief Under the New Mexico Unfair Practices Act, NMSA 1978, § 57-12-1 et seq.
  Consumer: [________________________________]
  Transaction / Account No.: [________________________________]
  Date(s) of Transaction: [__/__/____] to [__/__/____]
  Amount in Controversy (Actual Damages): $[____________]
  Amount Demanded (Including Treble and Fees): $[____________]

I. Parties

Complainant (Consumer):
[Full legal name of consumer]
[Residence address]
[________________________________]
[City], New Mexico [ZIP]

The Consumer is [a natural person / business or other statutory "person"] located in [County] County, New Mexico, and alleges a transaction or practice within the UPA's scope as described below.

Respondent:
[Full legal name of respondent / business]
[Type of entity — corporation, LLC, sole proprietorship, etc.]
[State of formation, if entity]
[Principal place of business]
[Registered agent for service in NM, if any]

At all relevant times Respondent was engaged in "trade or commerce" within the meaning of NMSA 1978, § 57-12-2(C), by [describe nature of business — e.g., the sale of motor vehicles, the offering of home repair services, the marketing of consumer financial products].

II. Factual Background

1. On or about [__/__/____], the Consumer [describe the initiating transaction — e.g., responded to Respondent's advertisement; entered Respondent's place of business; received a solicitation from Respondent].

2. Respondent represented to the Consumer that [________________________________].

3. After or in connection with those representations, the Consumer [describe action taken — e.g., paid $[____________] on [date]; signed the contract attached as Exhibit A; financed the purchase through [lender]]. Detrimental reliance is not itself a required UPA element, but the letter should explain the causal link between the challenged practice and the claimed loss.

4. Contrary to Respondent's representations, the actual facts were that [________________________________].

5. Specifically, Respondent engaged in the following unfair, deceptive, and/or unconscionable trade practices in violation of NMSA 1978, § 57-12-2 and § 57-12-3:

  a. [Describe specific deceptive act — e.g., "Knowingly making a false or misleading statement of fact concerning the price of goods or services" — § 57-12-2(D)(11)];

  b. [Describe specific deceptive act — e.g., "Representing that goods or services have characteristics or benefits that they do not have" — § 57-12-2(D)(5)];

  c. [Describe specific unconscionable act — e.g., "Taking advantage of the lack of knowledge, ability, experience, or capacity of a person to a grossly unfair degree" — § 57-12-2(E)(1)];

  d. [Additional acts, as applicable].

6. As a direct and proximate result of Respondent's conduct, the Consumer has suffered ascertainable loss of money and property in the amount of at least $[____________], consisting of [itemize — e.g., the purchase price paid, finance charges, repair costs, consequential damages, loss of use].

7. The Consumer contends Respondent acted willfully within § 57-12-10(B) based on the following evidence: [________________________________]. Counsel should evaluate the governing willfulness standard before demanding enhanced damages.

III. Statutory Demand

The Consumer proposes settlement on the following terms and requests a written response within [____] calendar days after receipt. This is a proposed response period, not a deadline created by the UPA, and it does not toll any claim:

☐ Refund the full purchase price and all related charges in the amount of $[____________];

☐ Rescind the contract dated [__/__/____] and restore the parties to their pre-transaction positions;

☐ Repair or replace the [goods/services] at Respondent's sole expense within [____] days;

☐ Cease and desist from the unfair, deceptive, and unconscionable practices identified above;

☐ Pay attorney fees and costs incurred to date in the negotiated amount of $[____________]. Section 57-12-10(C)'s fee award applies if the complaining party prevails in the action; it does not automatically make every pre-suit fee recoverable;

☐ Preserve all evidence relating to this matter (see Section V below);

☐ Confirm willingness to participate now in voluntary pre-suit mediation. If suit is later filed, the separate statutory early-mediation procedure in § 57-12-10(F)-(G) may be requested in writing during the 30 days following service on all named parties; and

☐ Other: [________________________________].

IV. Damages and Remedies If Not Cured

If Respondent does not accept or resolve this proposal within the requested response period, the Consumer is prepared to evaluate filing in a court with subject-matter jurisdiction and proper venue, seeking relief authorized by NMSA 1978, § 57-12-10:

The Consumer reserves any claim and remedy independently supported by the facts and current law, including any applicable contract, warranty, tort, or other statutory claim after counsel verifies its elements, defenses, limitations period, and remedies. The Consumer may also submit a complaint to the New Mexico Department of Justice.

V. Litigation Hold / Evidence Preservation Notice

Respondent and its officers, directors, employees, agents, attorneys, affiliates, and any third parties acting on its behalf are hereby placed on formal notice to preserve all evidence that may be relevant to this dispute. This includes, without limitation:

☐ All contracts, invoices, receipts, work orders, and purchase records relating to the Consumer's transaction;

☐ All advertising, marketing, sales scripts, training materials, and website content concerning the goods or services at issue;

☐ All written, electronic, and recorded communications with the Consumer, including emails, text messages, voicemails, recorded phone calls, chat logs, and social-media messages;

☐ All internal communications (emails, memos, Slack/Teams messages, text messages) referencing the Consumer or the practices at issue;

☐ Complaint logs, customer service notes, BBB complaints, NM Attorney General inquiries, and CFPB complaints involving similar conduct;

☐ Financial records reflecting amounts charged, refunded, or credited;

☐ Backup tapes, cloud storage, and any data scheduled for routine destruction; and

☐ All documents identified in any document-retention policy or litigation-hold directive.

New Mexico courts have inherent authority to address prelitigation spoliation and select a proportionate sanction after considering fault, prejudice, and lesser alternatives; possible sanctions can include a permissive adverse inference or exclusion of evidence. Restaurant Mgmt. Co. v. Kidde-Fenwal, Inc., 1999-NMCA-101, ¶¶ 9–24, 127 N.M. 708, 986 P.2d 504.

VI. Response Deadline and Method

Requested response date: [__/__/____]. This is the Consumer's settlement-response date, not a statutory cure period.

Direct all responses to:

[Name of Sender / Counsel]
[________________________________]
[Street Address]
[________________________________]
[City], New Mexico [ZIP]
Email: [________________________________]
Telephone: [________________________________]

A telephone call to discuss settlement is welcome; however, any settlement offer or substantive response must be confirmed in writing. If Respondent is represented by counsel, please have counsel contact the undersigned directly so that no further communication is made with the Consumer.

If no satisfactory response is received, the Consumer may proceed without further notice to pursue relief supported by NMSA 1978, § 57-12-10 and other independently applicable law, subject to all filing deadlines and procedural requirements.

Signature Block

Respectfully,

_______________________________________
[Name of Sender / Attorney]
[Title — Consumer / Attorney for Consumer]
[Law Firm, if applicable]
NM Bar No.: [____________] (if attorney)
[Street Address]
[________________________________]
[City], New Mexico [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Enclosures:
☐ Exhibit A — [Contract / Invoice / Receipt]
☐ Exhibit B — [Advertisement / Written Representation]
☐ Exhibit C — [Photographs / Inspection Report]
☐ Exhibit D — [Prior correspondence with Respondent]
☐ Exhibit E — [Itemized damages calculation]
☐ Exhibit F — [Other supporting documentation]

cc:
☐ New Mexico Department of Justice — complaint submitted through the current official intake route
☐ Better Business Bureau of New Mexico
☐ Consumer Financial Protection Bureau (CFPB) — if financial product
☐ Client file

Pre-Send Checklist

☐ Verified that all NMSA citations remain current against the most recent edition of the New Mexico Statutes Annotated (1978).
☐ Confirmed Respondent is engaged in "trade or commerce" within NM (§ 57-12-2(C)).
☐ Confirmed the conduct falls within an enumerated unfair, deceptive, or unconscionable practice in § 57-12-2(D) or (E).
☐ Confirmed Consumer suffered "loss of money or property" — standing under § 57-12-10(B).
☐ Determined the governing limitations period, accrual date, and any tolling rule; did not assume § 37-1-4 always runs from discovery.
☐ Calculated actual damages, $100 statutory minimum, and trebled / $300 alternative amounts.
☐ Documented facts supporting willfulness to unlock the up-to-3× multiplier under § 57-12-10(B).
☐ Identified the correct legal entity and current service contact using the live official New Mexico Secretary of State business-search route.
☐ Sent via certified mail, return receipt requested, AND email; retain green card and proof of delivery.
☐ Retained dated copies of the letter and every enclosure in the client file.
☐ Diary the proposed response date separately from every litigation filing deadline.
☐ Considered parallel complaints to NM AG, BBB, CFPB, and FTC.
☐ Confirmed no arbitration clause or class-action waiver controls — if so, prepare alternative strategy.
☐ Removed all `` comments and bracketed instructions before sending.
☐ Reviewed by a New Mexico-licensed attorney prior to transmission.

Sources and References

• Current NMSA 1978 Chapter 57 (including §§ 57-12-1, -2, -3, -10, and -11): https://nmonesource.com/nmos/nmsa/en/item/4419/index.do
• Current NMSA 1978 Chapter 37 (including § 37-1-4): https://nmonesource.com/nmos/nmsa/en/item/4366/index.do
• New Mexico Department of Justice — Consumer Affairs and complaint intake: https://nmdoj.gov/about-the-office/consumer-affairs/
• State ex rel. Stratton v. Gurley Motor Co., 1987-NMCA-063, 105 N.M. 803, 737 P.2d 1180 (official opinion): https://nmonesource.com/nmos/nmca/en/item/385812/index.do
• Lohman v. Daimler-Chrysler Corp., 2007-NMCA-100, 142 N.M. 437, 166 P.3d 1091 (official opinion): https://nmonesource.com/nmos/nmca/en/item/376781/index.do
• Restaurant Mgmt. Co. v. Kidde-Fenwal, Inc., 1999-NMCA-101, 127 N.M. 708, 986 P.2d 504 (official opinion): https://nmonesource.com/nmos/nmca/en/item/389115/index.do