Section 57-13-6 - Private remedies.

57-13-6. Private remedies.

A.     A person likely to be damaged by any method, act or practice which is declared by the Pyramid Promotional Schemes Act [Chapter 57, Article 13 NMSA 1978] to be unlawful may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required.   

B.     Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if:   

(1)     the party complaining of an unlawful practice has brought an action which he knew to be groundless; or   

(2)     the party charged with an unlawful practice has willfully engaged in the practice knowing it to be unlawful.   

C.     The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.