New Mexico Consent Requirements
What consent you need before calling or texting consumers in New Mexico
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in New Mexico for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Prior Express | No | No | Valid |
| Prerecorded | Prior Express | No | No | Not Sufficient |
| Ringless Voicemail | Prior Express | No | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Automated/prerecorded calls to residential lines require consent under NM law. Manual dialing with live agent is not restricted beyond federal TCPA requirements. Cold calling via manual dial to non-DNC numbers is fully viable in NM. This is a federal-TCPA-reliant state for voice call regulation.
ATDS Definition
NM does not define ATDS independently. The telephone solicitation restriction statute references automated dialing systems delivering prerecorded messages. NM follows the federal TCPA/Duguid standard for ATDS classification.
Exemptions
Federal exemptions apply; no additional state exemptions beyond federal TCPA
Statute
N.M. Stat. Ann. § 30-45-1 et seq.; 47 U.S.C. § 227
SMS
Notes
SMS marketing to NM consumers follows federal TCPA: prior express written consent for marketing texts via ATDS. NM does not layer additional state requirements. Follow FCC one-to-one consent rule (Jan 2025) for lead-generated contacts.
ATDS Definition
NM does not have a state-specific SMS consent statute. Federal TCPA governs text message marketing. Prior express written consent required for marketing texts via ATDS under federal TCPA.
Exemptions
Federal TCPA governs; no additional NM SMS restrictions
Statute
47 U.S.C. § 227
AI Voice
Notes
AI voice outreach to NM consumers follows federal TCPA. No NM-specific AI disclosure requirement. FTC AI impersonation rules apply federally. Treat AI voice as automated calling requiring consent.
ATDS Definition
No NM-specific AI voice statute exists. AI voice calls using automated systems follow federal TCPA requirements. Any automated calling delivering synthesized speech requires consent under both the NM solicitation restriction statute and federal TCPA.
Statute
N.M. Stat. Ann. § 30-45-1 et seq.; 47 U.S.C. § 227
Prerecorded
Notes
Prerecorded messages to residential lines require consent under NM law. This is one of the clearer provisions in NM's otherwise thin telemarketing framework. Emergency calls are exempt.
ATDS Definition
Prerecorded messages to residential lines are prohibited without consent under NM Stat. Ann. § 30-45-1. The statute specifically targets automated systems delivering prerecorded voice messages.
Exemptions
Emergency calls exempt
Statute
N.M. Stat. Ann. § 30-45-1 et seq.
Ringless Voicemail
Notes
No NM-specific RVM statute. Federal TCPA governs. Treat RVM to NM consumers as requiring prior express consent given FCC guidance. NM is a follow-federal-rules state on this channel.
ATDS Definition
RVM is not addressed in NM statute. Federal TCPA treatment applies.
Statute
47 U.S.C. § 227
MMS
Notes
Same as SMS — federal TCPA governs. Prior express written consent required for marketing MMS via ATDS. NM does not add state-level requirements.
ATDS Definition
MMS is not separately addressed in NM statute. Federal TCPA governs multimedia messaging same as SMS.
Exemptions
Same as SMS — federal TCPA governs
Statute
47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising prohibited under federal TCPA/JFPA. Prior express consent required. EBR exemption available under JFPA. NM does not layer additional fax restrictions.
ATDS Definition
Fax solicitations governed by federal TCPA and Junk Fax Prevention Act. No NM-specific fax statute.
Exemptions
EBR exemption under federal JFPA
Statute
47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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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 →