Standing to Sue under Unfair Practices Act (the "Act")?

"Whenever the attorney general has reasonable belief that any person is using, has used or is about to use any method, act or practice which is declared by the Unfair Practices Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the state alleging violations of the Unfair Practices Act. NMSA §57-12-8

Any person who suffers any loss of money or property, real or personal, as a result of any employment by another person of a method, act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater. NMSA §57-12-10"

However, the Act gives standing only to buyers of goods or services,” and sellers may not seek relief under the Act.Santa Fe Custom Shutters ; Doors, Inc. v. Home Depot, 2005-NMCA-051, ; 17-18, 137 N.M. 524, 113 P.3d 347 (emphasis added), cert. denied, 2005-NMCERT-5, 137 N.M. 522, 113 P.3d 345. Recently, the New Mexico Supreme Court has held that the Act does not create a ;cause of action for competitive injury.Gandydancer, LLC v. Rock House CGM, LLC, 2019-NMSC-021, ; 29, 453 P.3d 434, 442. The Gandydancer decision likely means that competitors have not standing to assert claims under the Act against one another, though that may depend on the ultimate claim being asserted.

The category of entities who can sue under the Act is quite broad, and although not technically a matter of standing, further broadening the Act’s application is its section prohibiting misrepresentation that “does not require that the defendant's conduct actually deceive . . . it permits recovery even if the conduct only ‘tends to deceive.’” Smoot v. Physicians Life Ins. Co., 2004-NMCA-027, ¶¶ 19-23, 135 N.M. 265, 87 P.3d 545. However, the Gandydancer limited standing under the Act for competitors if it did not completely eliminate standing for these class of plaintiffs.