Gandydancer, LLC v. Rock House CGM, LLC

VARGAS, Judge.

{1} In this interlocutory appeal, we consider whether the language in NMSA 1978, Section 57-12-10(B) (2005) of New Mexico Unfair Practices Act (UPA) allowing "[a]ny person who suffers any loss ... as a result of any ... act or practice declared unlawful by the [UPA to] bring an action[,]" creates a private right of action for businesses seeking to bring suit against competitors for unfair competition practices. Taking into consideration both the plain language of the statute and the UPA's remedial purpose as a consumer protection statute, we hold that a business may sue a…