What consent is required for SMS Compliance in New Mexico?

New Mexico has a mini-TCPA (NMSA 1978, § 57-12-22) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

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 $100 per violation (or $300 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 · 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

New Mexico SMS Compliance Compliance

Text message marketing compliance rules in New Mexico

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

New Mexico has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for SMS Compliance operations here.

Consent Requirements

Consent LevelWritten Consent Required

Federal one-to-one consent rule: vacated

The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source

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. The FCC one-to-one consent rule was vacated in January 2025 and never took effect.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$100

Willful Violation$300

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 →