Any person who suffers financial injury or damages by reason of any conduct declared in violation of the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] may sue in district court. Upon a showing that that act is being violated, the court may award damages and order injunctive relief and shall award the cost of the suit, including reasonable attorneys' fees. Where the court finds that the party charged with violating the Indian Arts and Crafts Sales Act has willfully violated that act, the court may award treble damages to the party complaining of the violation.
History: 1953 Comp., § 40-21-25.9, enacted by Laws 1977, ch. 334, § 7; 1991, ch. 90, § 9.
The 1991 amendment, effective June 14, 1991, rewrote this section which read "Any person who suffers financial injury or damages by reason of any conduct declared in violation of the Indian Arts and Crafts Sales Act may sue in district court and may recover actual damages sustained and the cost of the suit, including reasonable attorneys' fees."
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 33 - Fraud and False Dealing
Section 30-33-1 - Sale of Indian-made articles as genuine.
Section 30-33-3 - Indian Arts and Crafts Sales Act; short title.
Section 30-33-4 - Definitions.
Section 30-33-5 - Purpose of act.
Section 30-33-7 - Unlawful acts.
Section 30-33-8 - Enforcement by attorney general or district attorney.
Section 30-33-9 - Violation of act; penalties.
Section 30-33-10 - Private right of action; damages.
Section 30-33-11 - Administrative regulations.
Section 30-33-12 - Obtaining telecommunications service with intent to defraud; definitions.