New Mexico TCPA and telemarketing law
New Mexico has its own telemarketing statute with a private right of action.
| Statute | NMSA 1978, § 57-12-22 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Not yet verified | |
| Private right of action | Yes | ↗ |
| Statutory damages | $100 / violation · up to $300 willful | ↗ |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
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 ↗