What Is The Unfair Practices Act In New Mexico?

The Unfair Practices Act In New Mexico protects customers from being mislead by companies that fail to represent their business in an honest way. Companies that mislead potential customers are kept in check by the Unfair Practices Act. As you will find out, hospitals, doctors and health care providers can be kept in check by this act to combat deceptive advertising.

New Mexico’s Unfair Practices Act (UPA or Act) is a powerful set of laws that disincentive any company or person (including hospitals, doctors, and other health care providers) from misrepresenting information to potential customers (including patients) to obtain their business (or treatment).[1]

The Act “is intended to provide a private remedy for individuals who suffer pecuniary harm for conduct involving misleading identification of a business or goods, or false or deceptive advertising.”[2]  Common examples of the application of the UPA include used car dealers misrepresenting certain qualities of a used car or where an insurance broker tells the policy holder that the insurance that was sold includes coverage that the policy does not have.  The Unfair Practices Act, however, can also be used in the context of a medical malpractice case if certain misrepresentations were made to the patient or her/his representatives.[3] 

The Unfair Practices Act “imposes a duty to disclose material facts reasonably necessary to prevent any statements from being misleading.”[4] Specifically, the Act provides that “unfair or deceptive trade practices and unconscionable trade or commerce are unlawful.”

If you suspect a violation that relates to the unfair practices act, the next step is to reach out to a qualified attorney to discuss the matter.  Feel free to give us a call at 505-242-7200 and we will be happy to assist you.