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New Mexico

NM

Telecom Compliance Reference — Updated January 2021

Private Right of Action

Calling Hours

8:00 AM9:00 PM

Min Penalty

$5,000

Registration

Not Required

Insurance Telemarketing Compliance in New Mexico

Insurance agency telemarketing and lead generation compliance in New Mexico

Guide last reviewed: January 2025

New Mexico Insurance Overview

NM insurance telemarketing operates primarily under federal TCPA with the state Unfair Practices Act as a backstop for deceptive practices. No state registration or state DNC list. Manual dialing to non-DNC numbers is viable for prospecting. The key risk is federal TCPA compliance for automated outreach. Medicare agents face CMS marketing requirements on top of federal TCPA.

Penalty/Violation

$5,000

Willful

$5,000

Calling Hours

8:00 AM9:00 PM

Private Suit

Allowed

Compliance Checklist

No NM state telemarketer registration required — follow federal TCPA,Scrub federal NDNC before every campaign,Prior consent required for automated calls and prerecorded messages under federal TCPA,Manual dialing to non-DNC numbers is viable for cold calling,Medicare/Medicaid: follow CMS marketing rules in addition to federal telemarketing laws,FCC one-to-one consent rule: purchased lead lists with bundled consent are not viable for automated outreach,Identify yourself and company at call start,Honor opt-out requests immediately,Maintain consent records

What Gets Companies Sued

Common violations: (1) Automated dialing without consent; (2) Using purchased Medicare/health leads with bundled consent for automated outreach; (3) Calling federal DNC numbers; (4) Not identifying at call start; (5) Deceptive insurance marketing practices triggering UPA enforcement.

Special Exemptions

No NM-specific insurance telemarketing exemptions beyond what NM insurance licensing provides. Federal EBR exemption for existing policyholders. B2B exemption for commercial insurance calls.

Key State Rules

Mini-TCPANo
RegistrationNot Required
Class ActionsNot specified

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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 →