⚠ Penalty Exposure — New Mexico
Per Violation
$5,000
Willful
$5,000
AG Max/Violation
$5,000
10,000 Calls
$50,000,000
= exposure
Overview
New Mexico does not have a state-level mini-TCPA or specific telemarketing registration act. The state relies primarily on federal TCPA for telemarketing regulation. NM does not maintain its own state Do Not Call list — the federal National DNC Registry applies. The NM Unfair Practices Act (N.M. Stat. Ann. § 57-12-1 et seq.) provides the AG and consumers with enforcement tools for deceptive or unfair telemarketing practices, including a private right of action. NM is a lower-regulation state for telemarketing, but federal TCPA compliance is still mandatory. Manual dialing to non-DNC numbers is viable for cold outreach.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Prior Express | — |
| SMS | Written Consent Required | Required |
| AI Voice | Prior Express | — |
| Prerecorded | Prior Express | — |
| Ringless VM | Prior Express | — |
| MMS | Written Consent Required | Required |
| Fax | Prior Express | — |
Key Court Decisions
El Paso Elec. Co. v. N.M. Pub. Regul. Comm'n
7/10New Mexico Supreme Court · Apr 2026
Recent Enforcement Actions
Rio Grande Solar Marketing
$175,000Jul 2024 · solar
Solar company penalized for robocalls without prior express written consent.
Southwest Collections Agency
$320,000Apr 2024 · debt collection
NM AG settled with debt collector for prerecorded calls outside permitted hours.
Sumco Panama (NM portion)
Dec 2023 · automotive
FCC enforcement against auto warranty scheme reaching NM consumers.
Key Rules
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See Chief →This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →