What consent is required for SMS Compliance in New Mexico?

New Mexico follows federal TCPA consent rules. ATDS or prerecorded calls to cell phones require prior express written consent.

What are the calling hour restrictions in New Mexico?

New Mexico restricts telemarketing calls to 08:00:00–21:00:00 local time.

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.

Is registration required to telemarket in New Mexico?

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

Home / States / New Mexico

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

New Mexico SMS Compliance Compliance

Text message marketing compliance rules in New Mexico

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

Checkbox ConsentValid

Statute47 U.S.C. § 227

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.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$5,000

Willful Violation$5,000

Private Right of ActionYES

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts

02Use compliant opt-in language identifying your company

03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately

04Send opt-out confirmation within one text

05Disclose message frequency at opt-in

06Include "Msg & Data rates may apply" disclosure

07Do not send texts during prohibited hours

08Scrub against DNC lists before campaigns

09Check if state requires one-to-one consent

10Register 10DLC campaigns before sending

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →