SANTA FE (Jan. 15, 2026) – Ahead of the New Mexico Legislature’s 2026 session, state members of the National Federation of Independent Business strongly support increasing transparency in legal advertising, according to NFIB’s annual survey. More than eighty-eight percent of NFIB members support requiring attorney or law firm advertisements that mention a settlement to also disclose how much of that amount was paid in attorney fees.

“Our members want to see greater transparency, not just from legal advertisers, but state officials as well,” NFIB State Director Jason Espinoza said. “Flashy settlement figures have a way of distorting reality, especially in a legal environment like New Mexico’s. Ensuring consumers have a clear, honest picture of what legal outcomes actually look like would go a long way in level-setting expectations.”

Espinoza continued, noting state members also want to see increased transparency in the legislative and rulemaking processes.

“When crafting health insurance mandates, our members want lawmakers to be informed by real cost data and coverage impacts, not guesswork. Giving the Legislature the tools it needs to make smarter decisions that protect small business health insurance premiums is a commonsense solution,” Espinoza said.

“Finally, small businesses have to contend with a vast regulatory state here in New Mexico. They participate in hearings and submit feedback on rules, only to see little to no acknowledgment of their concerns. Requiring a written response from state agencies will provide accountability for how these officials consider stakeholder input and ensure small business owners are no longer ignored. NFIB will continue working with lawmakers to address these issues and elevate the voice of small business owners in the Roundhouse.

The survey also found:

• Ninety-two percent support requiring state agencies to respond in writing to significant public comments on a proposed rule before the rule is adopted, while none opposed, and seven percent are undecided.
• Eighty percent believe New Mexico should calculate the potential costs of health insurance mandates and their impact on premiums before requiring private insurers to cover them, while nine percent oppose, and ten percent are undecided. 

Background:

During the 2025 legislative session, NFIB championed bills addressing each of these issues, including:

• HB 262, which would have increased transparency in legal advertising by requiring attorneys who advertise settlement or judgment amounts to also disclose the attorney fees associated with those cases. The bill was introduced by Rep. Rebecca Dow.
• HB 425, which would have required state agencies to respond in writing to every public comment received during the rulemaking process—and to publish those responses in the New Mexico Register. The bill was sponsored by Reps. Gail Armstrong, Rebecca Dow, and Cristina Parajón.
• HB 279, which would have established an optional process for lawmakers to request independent actuarial reviews of proposed health insurance mandates. The bill was sponsored by Reps. Nicole Chavez, Gail Armstrong, and Elaine Sena Cortez.