A. In lieu of beginning or continuing an action pursuant to the Unfair Practices Act,
the attorney general may accept a written assurance of discontinuance of any practice
in violation of the Unfair Practices Act from the person who has engaged in the unlawful
practice. The attorney general may require an agreement by the person engaged in the
unlawful practice that, by a date set by the attorney general and stated in the
assurance, he will make restitution to all persons of money, property or other things
received from them in any transaction related to the unlawful practice. All settlements
are a matter of public record but are not admissible against any defendant in any action
brought by any other person or public body against such defendant under the Unfair
Practices Act and do not constitute a basis for the introduction of the assurance of
discontinuance as prima facie evidence against such defendant in any action or
proceeding.
B. A person need not accept restitution pursuant to an assurance. His acceptance
of restitution bars recovery of any damages in any action by him or on his behalf against
the same defendant on account of the same unlawful practice.
C. A violation of an assurance entered into pursuant to this section is a violation of
the Unfair Practices Act.
History: 1953 Comp., § 49-15-7.1, enacted by Laws 1971, ch. 240, § 3; 1977, ch. 181,
§ 2.
ANNOTATIONS
Right to indemnification. — Although it was unclear whether the terms of a settlement
between the state and a homebuilder included assessment of a civil penalty or whether
the builder agreed to repair the homes in exchange for the attorney general dropping
the charges, to the extent the settlement did not include civil penalties, the builder could
seek indemnification against the supplier of inadequate building materials. Amrep S.W.,
Inc. v. Shollenbarger Wood Treating, Inc., 1995-NMSC-020, 119 N.M. 542, 893 P.2d
438.
Law reviews. — For article, "Consumer Class Actions Under the New Mexico Unfair
Practices Act," see 4 N.M.L. Rev. 49 (1973).
Notes of Decisions
In Re Consol. Vista Hills Litig., 893 P.2d 438 (N.M. 1995).
· cites it 2× “[6] In this case, however, Amrep settled the unfair practices claim with the Attorney General pursuant to NMSA 1978, Section 57-12-9(A) (Repl.Pamp.1987). It is unclear whether the terms of the settlement included assessment of a civil penalty or whether Amrep volunteered to…”
Amrep Sw., Inc. v. Shollenbarger Wood Treating, Inc., 893 P.2d 438 (N.M. 1995).
· cites it 2× “6 In this case, however, Amrep settled the unfair practices claim with the Attorney General pursuant to NMSA 1978, Section 57-12-9(A) (Repl.Pamp.1987). It is unclear whether the terms of the settlement included assessment of a civil penalty or whether Amrep volunteered to repair…”
NM Solar Grp. Inc., a New Mexico Corp. (Bankr. D.N.M. 2024).
“§ 57-12-9: A. In lieu of beginning or continuing an action pursuant to the Unfair Practices Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of the Unfair Practices Act from the person who has engaged in the unlawful…”
Nicholas Kadlec & Casey Reid-Kadlec (Bankr. D.N.M. 2024).
“§ 57-12-9: A. In lieu of beginning or continuing an action pursuant to the Unfair Practices Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of the Unfair Practices Act from the person who has engaged in the unlawful…”
N.M. Stat. § 57-12-9(A): 2 cases
In Re Consol. Vista Hills Litig., 893 P.2d 438 (N.M. 1995).
“[6] In this case, however, Amrep settled the unfair practices claim with the Attorney General pursuant to NMSA 1978, Section 57-12-9(A) (Repl.Pamp.1987). It is unclear whether the terms of the settlement included assessment of a civil penalty or whether Amrep volunteered to…”
Amrep Sw., Inc. v. Shollenbarger Wood Treating, Inc., 893 P.2d 438 (N.M. 1995).
“6 In this case, however, Amrep settled the unfair practices claim with the Attorney General pursuant to NMSA 1978, Section 57-12-9(A) (Repl.Pamp.1987). It is unclear whether the terms of the settlement included assessment of a civil penalty or whether Amrep volunteered to repair…”
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.