Robert S. Boulter represents consumers in a variety of matters. Consumers are individuals who purchase goods for personal use from a business. When a consumer enters into a transaction with a seller, each party to the transaction has certain rights and obligations. Simply put, the consumer is entitled to goods that are in keeping with the seller’s representations and the consumer’s reasonable expectations. The seller is entitled to timely payment for those goods. However, within that seemingly simple “give-and-take,” there are many possible variations that may bring the consumer and seller into court. The most common consumer claims or counterclaims in New Mexico courts are those which allege warranty violations, misrepresentations, unfair, deceptive, or unconscionable trade practices, mandatory disclosure violations, and challenges to repossession or other debt collection practices.
When that lawsuits occur, the court must apply consumer law in order to define the rights and obligations of the parties to the transaction and to decide which of the parties’ expectations in the transaction are enforceable under the law. The courts are guided in reviewing consumer issues by general principles of contract and tort law, as well as by federal and state statutes, cases, and regulations that specifically deal with business transactions. The Uniform Commercial Code (hereinafter “the UCC”) was drafted to simplify and modernize the law on commercial transactions. Much of the statutory law that applies to these types of transactions will be found in the UCC. In addition, many states have consumer protection statutes that may provide remedies.
If you are a consumer that has entered into a transaction for an unsatisfactory product or service, you may have legal rights. Please call or e-mail Robert S. Boulter at [email protected] or by calling (415) 233-7100 for a free, no-obligation consultation.