Affirmative Litigation
The Affirmative Litigation Section is comprised of three legal divisions: Consumer Protection, Environmental Protection, and Civil Rights. These legal divisions bring cases on behalf of the people of the State of New Mexico using its authority to protect the people, rather than on behalf of another state agency. By bringing high-impact lawsuits to enforce State laws, the Affirmative Litigation Section seeks to protect New Mexicans and to recover debts, damages and penalties for the state in a wide variety of contexts.
Consumer Protection
The Consumer Protection Division is dedicated to the protection of New Mexico citizens, including the most vulnerable residents of this State. The Division collects reports, receives complaints and conducts investigations, and litigates when necessary, to stop unfair and deceptive practices, recover refunds for consumers, seek penalties against offending entities, and recover costs and fees to ensure that wrongdoers pay for their actions. The Division also provides information and education to businesses and the public on consumer matters and issues alerts and press releases to warn consumers and businesses about fraudulent or predatory activities.
The Division pursues protection of New Mexicans through various consumer laws and mechanisms as described below:
- Unfair Practices Act: The Division enforces the Unfair Practices Act to stop unfair and deceptive practices.
- Fraud Against Taxpayers Act: The Division pursues recovery for New Mexico taxpayers and works confidentially with whistleblowers who identify fraud and false claims which deplete the public treasury.
- Antitrust: The Division represents the State of New Mexico in a variety of legal matters related to the enforcement of New Mexico’s antitrust laws. This work is intended to ensure fair competition among businesses and to protect consumers.
- Tobacco Enforcement: The Attorney General is charged with enforcement of the Master Settlement Agreement. The Division enforces the agreement by filing lawsuits against cigarette companies that fail to abide by their legal obligations; auditing escrow payments made by non-participating manufacturers for sales in the state; requiring compliance by the manufacturers to the statutory reporting requirements.
- Utilities: The Division also advocates on behalf of New Mexico’s energy and utility ratepayers, as the Attorney General has the statutory responsibility to represent residential and small business consumers in matters before the Public Regulation Commission.
Environmental Protection
Protecting the health of New Mexicans and the State’s uniquely wonderful environment is a priority of the New Mexico Department of Justice. The Environmental Protection Division represents the State and its agencies in litigation to safeguard our natural resources, recover damages for injury to our environment, and hold accountable businesses and individuals who violate our environmental protection laws. The Division also advocates and litigates for a strong federal floor of environmental regulations to mitigate the impacts of out-of-state pollution, especially with respect to climate change.
Civil Rights
Under the leadership of Attorney General Raúl Torrez, the New Mexico Department of Justice established the new Civil Rights Division. The Division is vigorously committed to protecting individual rights across a broad spectrum, with a primary focus on New Mexico’s children.
The Civil Rights Division investigates complaints and brings enforcement actions under state and federal laws that prohibit discrimination in employment, housing and places of public accommodation based on age, sex, sexual orientation, gender identity, race, color, marital status, familial status, physical or mental disability, religion, or national origin
The Civil Rights Division works to enhance our community outreach to further educate the public about state and federal civil rights laws. This commitment includes deepening our engagement with the civil rights community and the public and gathering valuable information to assist in identifying areas for potential action. The Division also works closely with the public, state, federal, tribal, and local government agencies and civil rights and community organizations to identify potential civil rights initiatives.
