A. Whenever the attorney general has reasonable belief that any person is using,
has used or is about to use any method, act or practice which is declared by the Unfair
Practices Act to be unlawful, and that proceedings would be in the public interest, he
may bring an action in the name of the state alleging violations of the Unfair Practices
Act. The action may be brought in the district court of the county in which the person
resides or has his principal place of business or in the district court in any county in
which the person is using, has used or is about to use the practice which has been
alleged to be unlawful under the Unfair Practices Act. The attorney general acting on
behalf of the state of New Mexico shall not be required to post bond when seeking a
temporary or permanent injunction in such action.
B. In any action filed pursuant to the Unfair Practices Act, including an action with
respect to unimproved real property, the attorney general may petition the district court
for temporary or permanent injunctive relief and restitution.
History: 1953 Comp., § 49-15-7, enacted by Laws 1967, ch. 268, § 7; 1970, ch. 38, § 1;
1977, ch. 181, § 1.
Notes of Decisions
State Ex Rel. King v. B&B Inv. Grp., Inc., 2014 NMSC 24 (N.M. 2014).
· cites it 4× “Section 57-12-8(B) (empowering the Attorney General to “petition the district court for temporary or permanent injunctive relief and restitution”); § 57-12-11 (allowing the Attorney General to recover a civil penalty of up to $5,000 per willful violation).”
Quynh Truong v. Allstate Ins., 227 P.3d 73 (N.M. 2010).
“The Superintendent, who has neither exercised nor attempted to exercise any authority to adjudicate individual disputes between insurers and carriers, does have the power to levy penalties, revoke certificates of authority, and seek injunctions against carriers under NMSA 1978,…”
Atherton v. Gopin, 2015 NMCA 3 (N.M. Ct. App. 2014).
· cites it 2× “Section 57-12-8. For more aggravated circumstances—where a person has “willfully used a method, act or practice declared unlawful by the [UPA]”—the Attorney General can seek “a civil penalty of not exceeding five thousand dollars ($5,000) per violation.”
State ex rel. Balderas v. ITT Educ. Servs., Inc., 421 P.3d 849 (N.M. Ct. App. 2018).
· cites it 4× “]" NMSA 1978, § 57-12-8 (1977). Taking all of these things into account, including the fact that the information requested by the State does not implicate any privilege, we conclude that, under the circumstances of this case, it would be contrary to public policy to allow ITT to…”
State Ex Rel. Stratton v. Gurley Motor Co., 737 P.2d 1180 (N.M. Ct. App. 1987).
“Defendant Gurley Motors was organized as a separate legal entity, and under the allegations of the complaint filed herein was not authorized to solicit orders for insurance or to receive insurance commission rebates.”
Atherton v. Gopin, 2015 NMCA 003 (N.M. Ct. App. 2014).
· cites it 2× “Section 57-12-8. For more aggravated circumstances — where a person has “willfully used a method, act or practice declared unlawful by the [UPA]” — the Attorney General can seek “a civil penalty of not exceeding five thousand dollars ($5,000) per violation.”
Atherton v. Gopin (N.M. Ct. App. 2014).
· cites it 2× “Section 57-12-8. For more aggravated 10 circumstances—where a person has “willfully used a method, act or practice declared 11 unlawful by the [UPA]”—the Attorney General can seek “a civil penalty of not 12 exceeding five thousand dollars ($5,000) per violation.”
N.M. Stat. § 57-12-8(A): 1 case
State ex rel. Balderas v. ITT Educ. Servs., Inc., 421 P.3d 849 (N.M. Ct. App. 2018).
“]" NMSA 1978, § 57-12-8 (1977). Taking all of these things into account, including the fact that the information requested by the State does not implicate any privilege, we conclude that, under the circumstances of this case, it would be contrary to public policy to allow ITT to…”
N.M. Stat. § 57-12-8(B): 1 case
State Ex Rel. King v. B&B Inv. Grp., Inc., 2014 NMSC 24 (N.M. 2014).
“Section 57-12-8(B) (empowering the Attorney General to “petition the district court for temporary or permanent injunctive relief and restitution”); § 57-12-11 (allowing the Attorney General to recover a civil penalty of up to $5,000 per willful violation).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.