Does New Mexico require registration for Insurance telemarketers?

New Mexico does not require separate telemarketer registration; federal FTC rules still apply.

What is the penalty per violation in New Mexico?

Up to $100 per violation (or $300 for willful violations). Private right of action available.

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New Mexico Telecom Compliance Guide

Telecom Compliance Reference · Statute last amended 2021

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$100

Registration

Not Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Insurance Telemarketing Compliance in New Mexico

Insurance agency telemarketing and lead generation compliance in New Mexico

Guide last reviewed: January 2025

⚠

Mini-TCPA State — NMSA 1978, § 57-12-22

New Mexico imposes stricter consent and calling requirements than federal TCPA.Insurance companies operating here face $100 per-violation penalties.

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

$100

Willful

$300

Calling Hours

8:00 AM–9:00 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,Note: the FCC one-to-one consent rule was vacated in January 2025 and never took effect,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-TCPAYes

RegistrationNot Required

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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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 →