Unfair Practices Act vs. Private Boot/Tow Operators
NMSA §57-12-1 et seq. (Unfair Practices Act) provides a private right of action against suppliers engaging in unfair/deceptive trade practices. Inflated tow fees, fake release fees, refusal of credit cards, requiring waivers as condition of release, and failure to itemize charges are violations. NMSA §57-12-10 allows recovery of actual damages or $100 (whichever is greater), treble damages for willful violations, and attorney fees. NM Court of Appeals confirmed UPA application to involuntary tow services in Lohman v. Daily Oklahoman Publ'g, 2003-NMCA-150 and progeny.
Legal basis
NMSA §57-12-1 to §57-12-26; §57-12-10 (private action)
Sample appeal wording
OFFICE OF THE ATTORNEY GENERAL OF NEW MEXICO CONSUMER PROTECTION DIVISION RE: Complaint Against [TOW COMPANY] – NMSA §57-12-1 et seq. On [DATE], my vehicle was towed from [ADDRESS]. The supplier engaged in the following unfair/deceptive practices in violation of §57-12-3 and §57-12-4: 1. [Inflated/non-itemized fees of $___] 2. [Refused credit-card payment as required by 18.3.14.10 NMAC] 3. [Required signed waiver as condition of vehicle release] 4. [Misrepresented authority / signage absent] I seek a refund, statutory damages of $100 / treble damages under §57-12-10(B), and referral for enforcement. [NAME] / [CONTACT] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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