N.M. Stat. » Chapter 57 — Trade Practices and Regulations
New Mexico Statutes

N.M. Stat. § 57-12-4 (2026)

Interpretation

✓ current as of May 2026
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It is the intent of the legislature that in construing Section 3 [57-12-3 NMSA 1978] of the Unfair Practices Act the courts to the extent possible will be guided by the interpretations given by the federal trade commission and the federal courts.

History: 1953 Comp., § 49-15-4, enacted by Laws 1967, ch. 268, § 4.

ANNOTATIONS

Federal court definitions inapplicable to terms defined in Section 57-12-2 NMSA 1978. — Since 57-12-2 NMSA 1978 defines both "unfair or deceptive" and "unconscionable" trade practices, relying on this section to apply federal court definitions of those terms would not be giving effect to the statute. Richardson Ford Sales, Inc. v. Johnson, 1984-NMCA-007, 100 N.M. 779, 676 P.2d 1344.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1984–2024 · leading case: Richardson Ford Sales, Inc. v. Johnson, 676 P.2d 1344 (N.M. Ct. App. 1984).
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Richardson Ford Sales, Inc. v. Johnson, 676 P.2d 1344 (N.M. Ct. App. 1984). · cites it 10× “Section 57-12-4 states: “It is the intent of the legislature that in construing Section 3 [57-12-3 NMSA 1978] of the Unfair Practices Act the courts to the extent possible will be guided by the interpretations given by the federal trade commission and the federal courts.”
In re Santa Fe Nat. Tobacco Co. Mktg. & Sales Practices & Prods. Liab. Litig., 288 F. Supp. 3d 1087 (D.N.M. 2017). · cites it 2× “2d 417 , 430 (1995) (ruling that the NJCFA is subject to an average consumer test); N.M. Stat. Ann. § 57-12-4 ("[I]n construing Section 3 of the Unfair Practices Act the courts to the extent possible will be guided by the interpretations given by the federal trade commission and…”
State Ex Rel. King v. B&B Inv. Grp., Inc., 2014-NMSC-024, 6 N.M. 316. “See § 57-12-4 (stating that the UPA is to be construed in line with Federal Trade Commission (FTC) interpretations and federal court decisions); see also Fed.”
New Mexico ex rel. King v. Capital One Bank (USA) N.A., 980 F. Supp. 2d 1314 (D.N.M. 2013). “§ 57-12-4 (“It is the intent of the legislature that in construing Section 3 [N.”
State of New Mexico, ex rel. v. Meta Platforms, Inc., No. 1:23-cv-01115 (D.N.M. Feb. 5, 2024). · cites it 6× “at 8 (citing N.M. Stat. Ann. § 57-12-4 (1967); New Mexico, ex rel.”
Puma v. Wal-Mart Stores East, No. A-1-CA-38023 (N.M. Ct. App. Aug. 9, 2022). · cites it 4× “Section 57-12-4 provides that, in construing Section 57-12-3—which prohibits unfair or deceptive trade practices—“the courts to the extent possible will be guided by the interpretations given by the federal trade commission [(FTC)] and the federal courts.”
Puma v. W-Mart Stores East (N.M. Ct. App. 2022). · cites it 2× “Regardless, as the district court noted, “our Legislature 17 instructed the courts to use FTC cases in the courts’ interpretation of the state statute.”
Mohon v. Nat'l Cong. of Employers Inc., No. 1:19-cv-00652 (D.N.M. Mar. 23, 2020). · cites it 2× “NMSA 1978, § 57-12-4 (“It is the intent of the legislature that in construing [.”
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