N.M. Stat. § 57-12C-11
Attorney general enforcement; civil penalty.
A. When the attorney general has a reasonable belief that a violation of the Data
Breach Notification Act has occurred, the attorney general may bring an action on the
behalf of individuals and in the name of the state alleging a violation of that act.
B. In any action filed by the attorney general pursuant to the Data Breach
Notification Act, the court may:
(1)
issue an injunction; and
(2)
award damages for actual costs or losses, including consequential
financial losses.
C. If the court determines that a person violated the Data Breach Notification Act
knowingly or recklessly, the court may impose a civil penalty of the greater of twenty-
five thousand dollars ($25,000) or, in the case of failed notification, ten dollars ($10.00)
per instance of failed notification up to a maximum of one hundred fifty thousand dollars
($150,000).