2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 13 - Pyramid or Multilevel Sales
Section 57-13-6 - Private remedies.

A. A person likely to be damaged by any method, act or practice which is declared by the Pyramid Promotional Schemes Act to be unlawful may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required.

B. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if:

(1) the party complaining of an unlawful practice has brought an action which he knew to be groundless; or

(2) the party charged with an unlawful practice has willfully engaged in the practice knowing it to be unlawful.

C. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.

History: 1953 Comp., § 50-20-6, enacted by Laws 1973, ch. 377, § 6; 1987, ch. 100, § 6.

The 1987 amendment, effective June 19, 1987, in Subsection A, substituted "Pyramid Promotional Schemes Act" for "Pyramid or Multilevel Sales Act" and deleted the last sentence, which read: "Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source."

Failure to file answer bringing partial directed verdict. — In a civil suit by the state under the Pyramid or Multilevel Sales Act and the Unfair Practices Act, defendant's right to trial by jury was not infringed upon by the trial court's granting of a partial directed verdict against him on the issue of liability and the court's rejection of requested jury instructions, including requested special interrogatories to the jury, where defendant failed to file an answer to the complaint filed by the state, but only filed a document entitled "Declaration of Status", and challenged the jurisdiction of the court and the constitutionality of the Pyramid or Multilevel Sales Act. State ex rel. Stratton v. Sinks, 1987-NMCA-092, 106 N.M. 213, 741 P.2d 435.