If you’re facing issues with a fraudulent car dealer, identity theft, credit reporting errors, debt collection harassment, or other consumer law problems in New Mexico, this FAQ page offers clear, concise answers to the most common legal questions. This resource is designed to help you understand your rights and take informed action.
Q: What should I do if my identity is stolen?
A: First, file a police report locally and request a copy. Contact the three credit bureaus to place a fraud alert or security freeze. Notify your banks and the FTC, then monitor your credit report for signs of unauthorized activity.
Q: Can New Mexico residents freeze their credit for free?
A: Yes. Under federal and New Mexico law, you can place a free credit freeze with Equifax, Experian, and TransUnion. You can lift it temporarily when applying for new credit.
Q: How do I dispute errors on my New Mexico credit report?
A: Send a dispute letter by mail to the credit bureau with supporting documentation. Send copies to the creditor, keep records, and request corrections. You may also file with the CFPB if the bureau doesn’t resolve the matter.
Q: What are my rights under the Fair Credit Reporting Act?
A: You’re entitled to free credit reports annually, a credit score, dispute inaccurate items, place fraud alerts/freezes, and take legal action if errors aren’t corrected within 30 days.
Q: What constitutes debt collection harassment?
A: Harassment includes repeated calls at odd hours, using abusive language, threatening legal action without intent, or misrepresenting debt. These violate the Fair Debt Collection Practices Act and New Mexico law.
Q: Can I sue a debt collector for harassment in New Mexico?
A: Yes. Under federal and state laws, if a collector violates harassment rules you may recover actual damages, statutory damages up to $1,000, plus attorney’s fees and court costs.
Q: What should I do if I’m being harassed by debt collectors in NM?
A: Keep detailed logs of calls/texts, send a written cease-and-desist request, and hire an attorney who can pursue a lawsuit for violations.
Q: What is mobile home fraud?
A: Mobile home fraud involves deceptive practices such as poor quality homes, hidden loan terms, inflated prices, or misrepresentation during sale or financing of manufactured homes regulated under NM law.
Q: How do I report mobile home salesperson fraud in New Mexico?
A: Hire an attorney who can bring a legal action under state consumer protection statutes.
Q: What are predatory lenders?
A: Predatory lenders charge excessively high interest rates, use deceptive loan terms, target vulnerable consumers, or refinance without benefit. These may violate state usury limits and consumer protection laws.
Q: Can I challenge a predatory lending agreement?
A: Yes. You can seek to rescind the loan, recover penalties, and potentially have the loan declared unenforceable under state usury laws or consumer protection statutes.
Q: What is car dealer fraud?
A: Car dealer fraud includes misrepresenting vehicle condition, rolling back odometers, undisclosed salvage titles, or deceptive financing, violating NM’s Motor Vehicle Division regulations and consumer protection laws.
Q: How do I protest deceptive auto sales practices in NM?
A: Keep all of your documentation. Hire an attorney who can file a lawsuit.
Q: What protections exist for illegal robocalls in NM?
A: The federal TCPA prohibits most robocalls without prior consent. New Mexico also bars automated telemarketing. Your attorney can file complaints with the FCC and state AG and seek damages per violation.
Q: How do I stop unwanted robocalls legally in New Mexico?
A: Register on the National Do Not Call Registry, hire a lawyer who can file FCC or NM AG complaints, and consider suing under the TCPA for statutory damages of $500–$1,500 per illegal call.
Q: What is mortgage lender defense in New Mexico?
A: Homeowners can challenge lender misconduct—such as wrongful foreclosures, mishandled loan modifications, or predatory servicing—under state law, TILA, RESPA, and state consumer protection statutes.
Q: How can I defend against wrongful foreclosure in NM?
A: File a contest in court showing evidence of wrongdoing (e.g., improper notice, inflated charges). You may seek injunctive relief, damages, and certification of wrongful foreclosure.
If you have further questions or wish to speak with a seasoned team of New Mexico consumer lawyers about your case, simply contact Feferman, Warren & Mattison for a free case evaluation today.
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