What kind of remedies are available for violations of collection defense law?
In New Mexico, collection defense law provides remedies for violations of the law committed by debt collectors. These remedies are available to consumers who have been subjected to unfair, deceptive, or otherwise fraudulent collections practices. Under New Mexico’s collection defense law, consumers can seek repayment of all amounts collected, or payments to them for damages suffered, which can include emotional distress, humiliation, and/or attorney’s fees and court costs. Consumers may also seek an injunction or court order to prevent the debt collector from continuing to violate collection defense laws. Additionally, civil penalties may be imposed upon the debt collector. In cases where the debt collector’s actions were particularly egregious, punitive damages may be awarded. Punitive damages are intended to punish the debt collector and deter similar conduct by others. Finally, in some cases, consumers may be able to bring a “class action” lawsuit against the debt collector. This is when a group of consumers join together in one lawsuit to pursue a common claim against the debt collector for the same violation of law. In summary, the remedies available to consumers due to violations of collection defense law by debt collectors in New Mexico include repayment of amounts collected, damages, injunctions, civil penalties, punitive damages, and class action lawsuits.
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