Consumer Protection UDAP Demand Letter — New Mexico

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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 residing in [County] County, New Mexico, who engaged in the consumer transaction described below for personal, family, or household purposes.

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. In reliance on those representations, the Consumer [describe action taken — e.g., paid $[____________] on [date]; signed the contract attached as Exhibit A; financed the purchase through [lender]].

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. Respondent's conduct was willful within the meaning of § 57-12-10(B) because [explain basis — e.g., Respondent had actual knowledge of the falsity of its representations; Respondent has engaged in a pattern of identical misconduct against other consumers; Respondent ignored the Consumer's prior complaints dated [____________]].

III. Statutory Demand

Pursuant to the New Mexico Unfair Practices Act, NMSA 1978, § 57-12-1 et seq., the Consumer hereby demands that Respondent, within thirty (30) calendar days of receipt of this letter:

☐ 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 the Consumer's reasonable attorney fees and costs incurred to date in the amount of $[____________] (recoverable under § 57-12-10(C));

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

☐ Confirm Respondent's willingness to participate in early mediation under § 57-12-10(F) within thirty (30) days of any complaint being served, with Consumer contributing no more than $50 toward mediation costs as provided in § 57-12-10(G); and

☐ Other: [________________________________].

IV. Damages and Remedies If Not Cured

If Respondent fails to fully cure the violations identified above within the thirty (30) day demand period, the Consumer is prepared to file suit in the [____________] District Court for [County] County, New Mexico, seeking the following relief under NMSA 1978, § 57-12-10:

The Consumer also reserves the right to assert (i) common-law claims for fraud, breach of contract, breach of warranty, and unjust enrichment; (ii) claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; (iii) claims under any other applicable state or federal consumer protection statute; and (iv) all rights to file a complaint with the New Mexico Attorney General's Consumer & Environmental Protection Division.

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.

Spoliation of evidence may result in adverse-inference sanctions, monetary sanctions, and other remedies under New Mexico law and the Federal Rules of Civil Procedure (if removed). See Restaurant Mgmt. Co. v. Kidde-Fenwal, Inc., 1999-NMCA-101.

VI. Response Deadline and Method

Respondent must respond in writing no later than [__/__/____] (thirty (30) calendar days after the date of this letter).

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 response is received by the deadline, or if the response is deemed inadequate, the Consumer will proceed without further notice to file suit under the New Mexico Unfair Practices Act, seeking treble damages, mandatory attorney fees, costs, injunctive relief, and any other remedies available under NMSA 1978, § 57-12-10 and other applicable law.

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 Attorney General — Consumer & Environmental Protection Division, P.O. Drawer 1508, Santa Fe, NM 87504-1508
☐ 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).
☐ Calendared the four-year statute of limitations under NMSA 1978, § 37-1-4 from the date of injury or 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 proper registered agent or principal officer (NM Secretary of State Corporations & Business Services search at https://portal.sos.state.nm.us/BFS/online/).
☐ 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 date for the 30-day response deadline and a 35-day follow-up.
☐ 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 <!-- GUIDANCE --> comments and bracketed instructions before sending.
☐ Reviewed by a New Mexico-licensed attorney prior to transmission.

Sources and References

• New Mexico Unfair Practices Act — Short Title, NMSA 1978, § 57-12-1: https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-1/
• Definitions, NMSA 1978, § 57-12-2: https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-2/
• Prohibited Practices, NMSA 1978, § 57-12-3: https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-3/
• Private Remedies, NMSA 1978, § 57-12-10: https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-10/
• AG Civil Penalty, NMSA 1978, § 57-12-11: https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-11/
• Four-Year Statute of Limitations, NMSA 1978, § 37-1-4: https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-4/
• FindLaw mirror, § 57-12-10: https://codes.findlaw.com/nm/chapter-57-trade-practices-and-regulations/nm-st-sect-57-12-10/
• NM Attorney General — Consumer Protection: https://www.nmag.gov/consumer-protection/
• NM Secretary of State — Corporations & Business Services (entity / registered-agent search): https://portal.sos.state.nm.us/BFS/online/
• State ex rel. Stratton v. Gurley Motor Co., 1987-NMCA-063, 105 N.M. 803 (UPA is remedial and liberally construed)
• Grassie v. Roswell Hosp. Corp., 2011-NMCA-024 (scope of UPA claims)