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 $5,000 per violation (or $5,000 for willful violations). Private right of action available.

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New Mexico Telecom Compliance Guide

Telecom Compliance Reference — Updated January 2021

Private Right of Action

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

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

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 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,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

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 →