Mini-TCPA in effectLast verified 2026-10-07

New Mexico TCPA and telemarketing law

New Mexico has its own telemarketing statute with a private right of action.

At a glance
StatuteNMSA 1978, § 57-12-22↗
Consent standardPrior express consent↗
Stricter than federalNot yet verified
Private right of actionYes↗
Statutory damages$100 / violation · up to $300 willful↗
Covers text messagesNo↗
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

New Mexico regulates telephone solicitation in NMSA 1978, § 57-12-22, part of the Unfair Practices Act. A seller may not use an automated dialing system with a prerecorded message unless there is an established business relationship and the person called consents to hear the message. Live solicitation calls must disclose the sponsor and purpose within fifteen seconds, avoid calls before 9:00 a.m. or after 9:00 p.m., and may not reach residential numbers on the national do-not-call registry for at least three months. The definition of telephone solicitation covers voice and fax communications.

A person who loses money or property from a violation may sue for actual damages or $100, whichever is greater, rising to three times actual damages or $300 for willful conduct, plus attorney fees. Class actions are allowed. The attorney general can seek up to $5,000 per willful violation.

Source: NMSA 1978, § 57-12-22 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on New Mexico8 sections
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