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New Mexico Scam and Fraud Laws: Where to Report, Right to Sue (2026)

Independently fact-checkedBy Recording Law Editorial Team20 min read

Independently fact-checked against primary sources (last audited October 3, 2026). · 22 primary sources cited on this page. How we verify our legal content

New Mexico Scam and Fraud Laws: Where to Report, Right to Sue (2026)

New Mexico's Unfair Practices Act lets "any person who suffers any loss of money or property" because of a practice the act makes unlawful sue for actual damages or $100, whichever is greater. If the court finds the conduct was willful, it may award up to three times actual damages, and a person who sues and wins must be awarded attorney fees and costs, while a person whose suit the court finds groundless must pay the other side's. The catch for scam victims: the act's definition of a deceptive practice is built around statements made in connection with selling goods or services "in the regular course of the person's trade or commerce," and the Court of Appeals has said the act gives standing only to buyers of goods or services, so it may not reach a stranger who simply tricked you into sending money.

Complaints go to the New Mexico Department of Justice (the Attorney General's office), which collects them and investigates but cannot act as your lawyer. Older adults get one specific New Mexico protection: a broker-dealer or investment adviser may delay a suspicious withdrawal from the account of a customer 65 or older. That power does not extend to banks or credit unions.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers New Mexico state law: the Unfair Practices Act (NMSA 1978 chapter 57, article 12), New Mexico complaint offices, protections for older and incapacitated adults, New Mexico criminal fraud, phishing, telemarketing and notario laws, and New Mexico court limits and deadlines. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in New Mexico

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away; that company is usually the only one that can stop or reverse a payment. Your federal rights depend on how you paid, and our guide on how to get money back after a scam walks through each payment method. If your bank already said no, see what to do when a bank refuses a scam refund.

Then report it. The New Mexico Department of Justice's own scam page tells residents to "Report it right away to the Federal Trade Commission at https://reportfraud.ftc.gov/" and gives 877-382-4357 for anyone unable to report online. Our where to report a scam guide lists every federal channel. The New Mexico offices below are in addition to those, not instead of them.

Where to report a scam in New Mexico

What happenedNew Mexico officeWhat it does with your report
A business or person scammed you or misled youNew Mexico Department of Justice (Attorney General), submit a complaint, (505) 490-4060Its Consumer Protection Bureau "collects reports, receives complaints and conducts investigations, and litigates when necessary." It cannot act as your attorney.
An investment or securities fraud, or someone pitching a questionable investmentRegulation and Licensing Department, Securities Division, 800.704.5533 or 505.476.4580Takes fraud complaints through an online form. It says it "cannot promise to obtain a return of your funds" and cannot act as your attorney.
A problem with a state-chartered bank, state credit union, money service business, small loan company or collection agencyRegulation and Licensing Department, Financial Institutions DivisionMediates complaints about its own licensees only, using a downloadable complaint form. National banks go to the federal Comptroller of the Currency, (800) 613-6743.
An adult who cannot protect themselves is being financially exploitedAging and Long-Term Services Department, Adult Protective Services, 1-866-654-3219Investigates abuse, neglect and exploitation of adults 18 and older "who are unable to safeguard themselves."

The Securities Division also has a separate form for reporting suspected financial exploitation of vulnerable adults.

What an Attorney General complaint does and does not do

The complaint page says "we recommend using Guided Help," the office's online system, and the paper complaint form is also offered in Spanish ("Formulario de Quejas/Información"). Before you file, the form asks you to "attempt to remedy or resolve the conflict with the business or entity directly." For a stranger who scammed you, there is usually nobody to resolve it with, so go straight to the complaint.

Three statements from the office set your expectations. The paper form says "the Department of Justice and the Attorney General are prohibited from representing individuals, so we cannot act as your attorney or give you legal advice." The online system warns that "A copy of this complaint/tip may be sent to the business/entity/agency against whom I am filing this complaint/tip. This complaint/tip is a public record." And it says "Submission of a complaint/tip is not confirmation that an investigation will be initiated."

A complaint is still worth filing. Under section 57-12-8 the Attorney General may sue in the name of the state and may ask a court for injunctive relief and restitution. That is the state's case, run by the state; it is not a lawsuit on your behalf.

New Mexico's consumer protection law: can you sue?

Sometimes. The Unfair Practices Act (UPA) gives a private right to sue in section 57-12-10(B):

"Any person who suffers any loss of money or property, real or personal, as a result of any employment by another person of a method, act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater."

The section is written for "any person," but the New Mexico Court of Appeals has held that the act "gives standing only to buyers of goods and services": somewhere along the purchasing chain, you must have bought something the defendant sold (Hicks v. Eller, 2012-NMCA-061). The section also sets a floor: even a small loss can support a $100 recovery.

You must also have lost money or property as a result of the unlawful practice. Section 57-12-10(A) separately lets a person "likely to be damaged" ask for an injunction, without proof of monetary damage or intent to deceive.

Does the UPA cover a scammer, or only businesses?

This is the open question for most scam victims. The act defines an "unfair or deceptive trade practice" in section 57-12-2(D) as, among other things:

"a false or misleading oral or written statement, visual description or other representation of any kind knowingly made in connection with the sale, lease, rental or loan of goods or services or in the extension of credit or in the collection of debts by a person in the regular course of the person's trade or commerce, that may, tends to or does deceive or mislead any person"

That fits a dishonest seller, contractor, lender or debt collector well. It fits less clearly a stranger who posed as a grandchild, a government agent or a romantic partner and asked you to send money, because that person was arguably not selling anything in the regular course of a trade. We did not find a New Mexico appellate decision deciding how the act applies to that kind of scammer, so we cannot tell you it does. A New Mexico lawyer can look at your facts. Ordinary fraud claims and the criminal law (below) do not depend on this definition.

What you can recover

Section 57-12-10(B) adds a multiplier for willful conduct:

"Where the trier of fact finds that the party charged with an unfair or deceptive trade practice or an unconscionable trade practice has willfully engaged in the trade practice, the court may award up to three times actual damages or three hundred dollars ($300), whichever is greater, to the party complaining of the practice."

The trigger is a finding of willfulness, and the court "may" award the higher amount; it is not automatic. Section 57-12-10(D) says these remedies are "in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state," so a UPA claim can sit alongside a fraud claim.

Attorney fees cut both ways

Fees for a winning plaintiff are mandatory. Section 57-12-10(C): "The court shall award attorney fees and costs to the party complaining of an unfair or deceptive trade practice or unconscionable trade practice if the party prevails." The same subsection also requires the court to award fees and costs to the business "if it finds that the party complaining of such trade practice brought an action that was groundless." A weak case can therefore cost you the other side's legal bills.

Notice, mediation and exclusions

Section 57-12-10 does not contain a pre-suit notice or demand requirement. It does provide an early mediation procedure, requested within 30 days of service, with the plaintiff's share of the cost capped at $50 (sections 57-12-10(F) and (G)).

Two exclusions are written into the act. Section 57-12-7 says the act does not apply to "actions or transactions expressly permitted under laws administered by a regulatory body of New Mexico or the United States," though transactions a regulator forbids, or is silent about, remain covered. Section 57-12-16 excludes publishers and broadcasters that carry deceptive material "without knowledge of its deceptive or unconscionable character."

The deadline

Section 57-12-10 does not state its own deadline for a private lawsuit. The New Mexico Court of Appeals has held that UPA claims, because they are founded on a statute, fall under the four-year limit in section 37-1-4 (Nance v. L.J. Dolloff Associates, 2006-NMCA-012). Check our New Mexico statute of limitations guide and ask a New Mexico lawyer before relying on any date. The fraud deadline below is set by statute.

The honest limit

A UPA case needs a defendant you can identify, serve and collect from. That can work against a New Mexico business or a seller with a real address. It usually does not work against an anonymous scammer who called from a spoofed number or disappeared with crypto. Our guide on when a lawyer helps after a scam explains how to tell the difference.

Protections for older adults in New Mexico

Criminal fraud charges. Scams against older adults are charged under New Mexico's general fraud law, which defines fraud as "the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations" (section 30-16-6). The penalty depends on the amount: $250 or less is a petty misdemeanor, and more than $20,000 is a second degree felony. Section 30-16-6 itself does not raise the penalty because of the victim's age.

an older woman holding a phone handset away from her ear, skeptical of the caller

A duty to report. Section 27-7-30(A) provides: "Any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to the department." Not reporting is a misdemeanor, and the section allows a civil penalty of up to $10,000 per violation. Those penalties are enforcement tools, not money paid to the victim. The duty covers incapacitated adults, not every person over a certain age. Call Adult Protective Services at 1-866-654-3219.

Brokerage and investment-adviser holds, not bank holds. The Protecting Vulnerable Adults from Financial Exploitation Act lets "a broker-dealer or investment adviser" delay a disbursement or transaction from the account of an "eligible adult" (someone 65 or older, or an incapacitated person 18 or older) when, after an internal review, it reasonably believes the transaction may result in financial exploitation (section 58-13D-5(A)). It must give notice within two business days to the parties on the account and to the Securities Division and Adult Protective Services. The delay generally expires 15 business days after it began; it can be extended at an agency's request to no more than 25 business days, and further only by agency or court order.

That act covers brokerage and advisory accounts only. It does not give a bank or credit union the power to hold an older customer's transfer, and we did not find another New Mexico law that does. A 2025 bill to expand the act, SB 419, died: the Legislature's page shows it "Died" after action was "Postponed Indefinitely." The Legislature's 2026 regular-session bill list shows no bill on financial exploitation or bank holds. If you are worried about a parent's bank account, call the bank's fraud department and tell them you suspect a scam.

For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help you report. Our elder fraud guide covers the federal side.

New Mexico scam laws on the books

Phishing: obtaining identity by electronic fraud

plain gift card sleeves on a wooden table

Section 30-16-24.1(B) makes it a crime to knowingly and willfully solicit, request or take action "by means of a fraudulent electronic communication with intent to obtain the personal identifying information of another." A fraudulent electronic communication includes an email, website or other internet use that falsely uses the name or logo of a business, organization or state agency. Obtaining identity by electronic fraud is a fourth degree felony. If you clicked a link or gave out information, see our phishing guide and the New Mexico identity theft guide.

Fraudulent telemarketing

The Fraudulent Telemarketing Act makes it a crime to knowingly and willfully engage in telemarketing to or from a telephone located in New Mexico "with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communication" (section 30-50-4). Penalties follow the same value scale as general fraud, from a petty misdemeanor at $250 or less to a second degree felony over $20,000.

Separately, section 57-12-22 makes it a violation of the UPA to make a telephone solicitation without disclosing within fifteen seconds the name of the sponsor and the primary purpose of the call, to call before 9 a.m. or after 9 p.m., or to solicit a residential number that has been on the national do-not-call registry for at least three months. Because these are UPA violations, a person who loses money or property as a result can use the section 57-12-10 remedies above.

Notarios and immigration consultants

A notary in New Mexico who is not a licensed attorney may not use the term "notario" or "notario publico," and being a notary does not authorize anyone to act as an immigration consultant or an expert on immigration matters (section 14-14A-24). A notary who advertises notary services must include a disclaimer that begins "I am not an attorney licensed to practice law in this state" in each language the advertisement uses.

The Immigration and Nationality Law Practice Act makes it unlawful to provide, for pay, a service that is the unlawful practice of law (section 36-3-5), and a violation is a misdemeanor (section 36-3-10). A person whose interests are harmed may sue "in accordance with the procedures of Section 57-12-10 NMSA 1978" (section 36-3-6(B)), which brings in the UPA remedies, including mandatory fees for a prevailing plaintiff. The Attorney General's scam page also carries an alert about immigration-attorney scams in English and Spanish. See our guide to notario fraud.

Door-to-door and telephone sales

Section 57-12-21 gives a buyer three business days to cancel a door-to-door sale of $25 or more in which the seller personally solicits the sale, and it states that "A door-to-door sale includes seller initiated telephone sales." For telephone sales, the cancellation period does not begin until the buyer has been told of the right to cancel. The seller must refund within ten business days, and a contract term waiving the right is unlawful. Some sales are excluded, including real property, insurance, and repair visits the buyer asked for.

Crypto ATMs (virtual currency kiosks)

We could not confirm a New Mexico state law specific to cryptocurrency kiosks, such as a daily transaction limit or a refund right for victims, and the Legislature's 2026 regular-session bill list shows no kiosk or virtual-currency bill. If you sent money through a crypto ATM, contact the kiosk operator and report it right away; our crypto and investment scams guide covers the federal routes.

Suing a scammer or a business in New Mexico

Magistrate and Metropolitan Court. New Mexico does not have a separate small claims court. Magistrate courts hear civil actions in which "the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs" (section 35-3-3(A)), and the Bernalillo County Metropolitan Court has the same $10,000 limit (section 34-8A-3(A)(2)). That is the usual place for a modest claim against a business or person you can identify and serve.

Fraud deadline. Section 37-1-4 requires actions "for relief upon the ground of fraud" to be brought within four years. Under section 37-1-7, a fraud claim "shall not be deemed to have accrued until the fraud, mistake, injury or conversion complained of, shall have been discovered by the party aggrieved." For other deadlines, see our New Mexico statute of limitations guide.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets. A scammer behind a fake identity, a spoofed caller ID or an overseas account is usually not reachable through a New Mexico court. In those cases, the payment company, a fast report, and protecting your identity are where your effort pays off. If a debt collector is chasing you over a debt you think came from fraud, see New Mexico debt collection laws.

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the New Mexico office named above, or a lawyer licensed in New Mexico.

Frequently Asked Questions

Can I sue a scammer in New Mexico?

Possibly, if you lost money or property and can identify and serve them. The Unfair Practices Act (NMSA 1978 section 57-12-10) lets a person who suffers a loss of money or property from an unlawful trade practice sue, but it is built around statements made in the regular course of trade or commerce, and the Court of Appeals has said it gives standing only to buyers of goods or services, so it may not reach a stranger-scammer who sold you nothing. If a court finds a UPA suit groundless, the person who sued must pay the defendant's attorney fees and costs. An anonymous or overseas scammer is usually not reachable through a New Mexico court.

How much can I recover under the New Mexico Unfair Practices Act?

Actual damages or $100, whichever is greater, if you bought goods or services and suffered a loss of money or property from an unlawful practice. If the court finds the conduct willful, it may award up to three times actual damages or $300, whichever is greater (section 57-12-10(B)).

Will the other side pay my attorney fees?

If you prevail on a UPA claim, the court must award you attorney fees and costs under section 57-12-10(C). If the court finds your lawsuit was groundless, it must award fees and costs to the business instead.

Do I have to send a demand letter before suing under the UPA?

Section 57-12-10 does not contain a pre-suit notice requirement. It does provide an early mediation procedure that can be requested within 30 days of service.

How long do I have to sue for fraud in New Mexico?

Four years for an action based on fraud under section 37-1-4, and under section 37-1-7 the claim does not accrue until the fraud is discovered. The UPA section itself states no deadline, but the Court of Appeals has applied the four-year limit in section 37-1-4 to UPA claims.

Will the New Mexico Attorney General get my money back?

Do not count on it. The office collects complaints and investigates, and it can sue for restitution in the state's name, but it says it cannot represent individuals and that filing a complaint is not confirmation an investigation will begin.

Can a New Mexico bank freeze a transaction if it suspects elder fraud?

New Mexico's hold law (section 58-13D-5) covers broker-dealers and investment advisers, not banks or credit unions. They may delay a disbursement for an adult 65 or older, or an incapacitated adult, generally for up to 15 business days.

Who do I call if an older adult in New Mexico is being scammed?

Call Adult Protective Services at 1-866-654-3219; New Mexico law requires anyone with reasonable cause to believe an incapacitated adult is being exploited to report it. The DOJ Elder Fraud Hotline (833-372-8311) helps with fraud against anyone 60 or older.

Does New Mexico regulate crypto ATMs?

We could not confirm a New Mexico state law specific to cryptocurrency kiosks. If you lost money at a crypto ATM, contact the operator and report the scam right away.

What is the small claims limit in New Mexico?

New Mexico has no separate small claims court. Magistrate courts, and the Metropolitan Court in Bernalillo County, hear civil claims up to $10,000, excluding interest and costs (section 35-3-3).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. NMSA 1978 § 57-12-10, Unfair Practices Act private remedies (NM OneSource, chapter 57)(nmonesource.com).gov
  2. NMDOJ, Scam prevention and identity theft(nmdoj.gov).gov
  3. NMDOJ, Submit a complaint(nmdoj.gov).gov
  4. NMDOJ, Consumer Protection(nmdoj.gov).gov
  5. NMDOJ, Contact us(nmdoj.gov).gov
  6. NM RLD Securities Division, File a complaint(rld.nm.gov).gov
  7. NM RLD Financial Institutions Division, File a complaint(rld.nm.gov).gov
  8. NM ALTSD, Adult Protective Services(altsd.nm.gov).gov
  9. NM RLD Securities Division, Protecting vulnerable adults complaint(rld.nm.gov).gov
  10. NMDOJ complaint form (English)(nmdoj.gov).gov
  11. NMDOJ complaint form (Spanish)(nmdoj.gov).gov
  12. NMDOJ Electronic Complaint/Tip Submission(secure.nmag.gov).gov
  13. NMSA 1978 §§ 57-12-2, 57-12-7, 57-12-8, 57-12-16, 57-12-21, 57-12-22 (chapter 57)(nmonesource.com).gov
  14. NMSA 1978 § 30-16-6 (fraud), § 30-16-24.1 (obtaining identity by electronic fraud), § 30-50-4 (Fraudulent Telemarketing Act) (chapter 30)(nmonesource.com).gov
  15. NMSA 1978 § 27-7-30, duty to report (chapter 27)(nmonesource.com).gov
  16. NMSA 1978 § 58-13D-5, Protecting Vulnerable Adults from Financial Exploitation Act (chapter 58)(nmonesource.com).gov
  17. New Mexico Legislature, SB 419 (2025)(nmlegis.gov).gov
  18. NMSA 1978 § 14-14A-24, notario restrictions (chapter 14)(nmonesource.com).gov
  19. NMSA 1978 §§ 36-3-5, 36-3-6, 36-3-10, Immigration and Nationality Law Practice Act (chapter 36)(nmonesource.com).gov
  20. NMSA 1978 § 35-3-3, magistrate civil jurisdiction (chapter 35)(nmonesource.com).gov
  21. New Mexico Courts(nmcourts.gov).gov
  22. NMSA 1978 §§ 37-1-4 and 37-1-7, limitations and fraud discovery (chapter 37)(nmonesource.com).gov
  23. Hicks v. Eller, 2012-NMCA-061 (N.M. Ct. App.), UPA standing limited to buyers of goods and services(courtlistener.com)
  24. Nance v. L.J. Dolloff Associates, Inc., 2006-NMCA-012 (N.M. Ct. App.), four-year limit of NMSA 37-1-4 applied to UPA claims(courtlistener.com)
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