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New Mexico Telecom Compliance Guide

NM

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

OverviewCalling HoursConsentRegistrationDNC ComplianceDNC RegistryEnforcementCase LawLegislation

REI Wholesaling Telemarketing Compliance in New Mexico

Real estate investor cold calling and SMS 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.REI Wholesaling companies operating here face $100 per-violation penalties.

New Mexico REI Wholesaling Overview

New Mexico is one of the more permissive states for telemarketing — no state registration, no state DNC list, no state-level mini-TCPA with private right of action for telemarketing. The Unfair Practices Act provides the AG with enforcement tools and consumers with a private right of action for deceptive practices, but it is not the same as a structured telemarketing regime. For REI wholesalers, NM is a manual-dial-friendly state: cold call non-DNC numbers with proper identification and you are operating within the rules. Automated outreach still requires federal TCPA consent.

Penalty/Violation

$100

Willful

$300

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓No NM state telemarketer registration required — but follow federal TCPA fully,Scrub against federal National DNC Registry before every campaign (no state DNC list),Obtain prior consent before using automated dialers or prerecorded messages to residential lines,Manual dialing to non-DNC numbers is fully viable for cold outreach — NM is one of the more permissive states,Identify yourself, your company, and a callback number at the beginning of each call,FCC one-to-one consent rule for lead-generated contacts in automated outreach was vacated in January 2025 and never took effect,Honor opt-out requests immediately,Maintain consent records for compliance documentation,EBR exemption available for past sellers within 18 months,NM Unfair Practices Act still applies — deceptive practices will trigger AG enforcement

What Gets Companies Sued

✗Common violations: (1) Calling numbers on the federal DNC Registry (NM operators sometimes forget that federal DNC is mandatory even without a state list); (2) Using automated dialers or prerecorded messages without consent; (3) Deceptive practices triggering the Unfair Practices Act; (4) Failure to identify caller and company at call start; (5) Not honoring opt-out requests.

Special Exemptions

No NM-specific telemarketer registration. Federal exemptions apply: EBR within 18 months, B2B to business lines, manual dialing to non-DNC numbers. NM is a follow-federal-rules state.

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 →