Credit Repair Laws in New Mexico

The state of New Mexico does not post any documents about the operation of Credit Repair organizations. It is likely that they defer to the Federal Credit Repair Organization Act, as shown below.

The Credit Repair Organizations Act (CROA) is a federal law passed in September 1996 that regulates organizations whose purpose is increasing consumer’s credit score through credit repair. One of the most important things the CROA did is make it illegal for credit repair organizations to make false claims. Don’t worry though, staying compliant is pretty easy after you get familiar with the law! This law is moderated and enforced by the Federal Trade Commission (FTC), so the FTC has the authority to close down any credit repair organizations that are operating outside the parameters of these laws (like fraudulent or illegal activities).

The main sections include mandates that:

• You can’t misrepresent your services (no false claims about what you will do for the client and definitely no promise of working and then not doing the work).
• You must provide a written contract between you and the client that the client signs.
• Your clients have three days to cancel the contract.
• You can’t charge until services are rendered (most companies will do some initial document processing and then charge the client for the work they have just done).
• Consumers can sue and get refunded all money paid (plus legal fees and damages)  if the credit repair organization is found to have violated the CROA with that consumer.
• State laws can’t change or render any of the CROA ineffective.

Simply put, these laws were put in place to protect people from credit repair companies using scammy business practices. As long as you’re not trying to be sketchy and scam people, you should be able to stay compliant easily!

To read the Credit Repair Organizations Act in full, visit the United States House of Representatives’ record of the act here.