Decisions

Daye v. Community Financial Service Centers, LLC, 313 F.R.D. 147 (D.N.M. 2016) (certifying a class action for consumers alleging that the defendant made unlawful payday loans)

 

Cordova v. World Finance Corporation of New Mexico, 2009-NMSC-021, 146 N.M. 256, 208 P.3d 901 (refusing to enforce unconscionable arbitration clause in case against high-cost small loan company that engaged in unlawful debt collection practices)

 

Pedroza v. Lomas Auto Mall, Inc. et al., 600 F.Supp. 2d 1200 (D.N.M. 2009) (granting partial summary judgment to the plaintiff on claims that car dealer and insurer failed to disclose branded title)

 

Anchondo v. Anderson, Crenshaw & Associates LLC, 583 F.Supp.2d 1278 (D.N.M. 2008) and 256 F.R.D. 661 (D.N.M. 2009) (refusing to dismiss class action claims against debt collector engaging in unlawful practices)

 

Chavarria v. Fleetwood Retail Corporation of New Mexico, 2006-NMSC-046, 140 NM 478, 143 P.3d 717 (upholding trial court’s award of more than $250,000 based on claims against a mobile home seller)

 

Apodaca v. Discover Financial Services et al., 417 F. Supp. 2d 1220 (D.N.M. 2006) (ruling that punitive damages are available against credit reporting agency where agency’s automated system failed to take into account information provided by consumer in mixed file dispute)

 

Salmeron v. Highland Ford Sales, Inc., 223 F. Supp. 2d 1238 (D.N.M. 2002) (finding claim stated under federal Motor Vehicle Information and Cost Savings Act, where consumer alleged auto dealer did not furnish the title certificate for her examination and signature, in a deliberate attempt to hide the auto’s history and, if she would have seen that history, she would not have bought it); 248 F.Supp.2d 1035 (D.N.M. 2003) (ruling that federal Motor Vehicle Information and Cost Savings Act requires disclosures to be given on title certificate itself, not on other forms) and 220 F.R.D. 667 (D.N.M. 2003) (ordering that auto dealer must produce customer contact information for other purchasers of used cars, which previously had been owned by rental car companies, because such information was highly relevant to proving intentional misconduct)

 

Martin v. Franklin Capital Corp., 251 F.3d 1284 (10th Cir. 2001) (disallowing removal to federal court by aggregation of punitive damage claims to meet amount-in-controversy requirement in class action claim)

 

Yazzie v. Amigo Chevrolet, Inc., 189 F.Supp. 2d 1245 (D.N.M. 2001) (national precedent-setting decision holding that used car dealer’s failure to allow consumers to examine and to sign title certificate, which would have revealed identity of previous owner, violates federal Motor Vehicle Information and Cost Savings Act with intent to defraud)

 

Rubio v. Bob Crowe Chrysler, 145 F. Supp. 2d 1248 (D.N.M. 2001) (ruling that New Mexico motor vehicle bonding statute allows direct action against surety bonding company, where consumer has alleged fraud in the sale of the motor vehicle)

 

Morey v. Miano, 141 F. Supp. 1061 (D.N.M. 2001) (ruling that New Mexico motor vehicle bonding statute applies where consumer has alleged fraud in the sale of the motor vehicle)

 

Dimezza v. First USA Bank, Inc. et al., 103 F. Supp.2d 1296 (D.N.M. 2000) (national precedent-setting decision upholding private right of action against creditor or other furnisher of information for credit report)

 

Campos v. Brooksbank, 120 F. Supp. 2d 1271 (D.N.M. 2000) (finding, in suit against an attorney for violation of the Fair Debt Collection Practices Act, that the statute of limitations began running on the date the attorney’s conduct allegedly violated the FDCPA, not the date the attorney first filed his collection case in state court; also, attorneys are not exempt as a class from suit under the New Mexico Unfair Practices Act)

 

Taylor v. United Management, Inc., 51 F. Supp. 2d 1212 (D.N.M. 1999) (ruling that motor vehicle lease which failed to state the amount allowed as a trade-in violated the Consumer Leasing Act’s requirement that the lease contain accurate and meaningful disclosures)

 

Yazzie v. Ray Vicker’s Special Cars, Inc., 12 F.Supp. 2d 1230 (D.N.M. 1998) (finding that pawn “storage fee” was undisclosed finance charge under Truth in Lending Act)

 

Lee v. Gallup Auto Sales, Inc., 135 F.3d 1359 (10th Cir. 1998) (striking illegal regulation that had exempted older vehicles from coverage under federal Motor Vehicle Information and Cost Savings Act)

 

Bitah v. Global Collection Services, Inc., et al, 968 F.Supp. 618, (D.N.M. 1997) (ruling that lawyers could be liable under the Fair Debt Collection Practices Act)

 

Halwood v. Cowboy Auto Sales, Inc., 1997-NMCA-098, 124 N.M. 77, 946 P.2d 1088 (upholding enforcement of judgment for punitive damages for on-reservation tort committed by non-Indian)