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NM telemarketing rules

New Mexico telemarketing rules

New Mexico limits telephone solicitations to 9 a.m. to 9 p.m., bars solicitations to residential numbers on the national do not call registry, requires an established relationship and consent for prerecorded sales calls, and follows a one party recording rule.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • New Mexico's telephone solicitation rules are part of its Unfair Practices Act.
  • A telephone solicitation must disclose the sponsor's name and the primary purpose of the contact within fifteen seconds after the person answers.
  • Calls to a residential subscriber made with that subscriber's prior express invitation or permission are not telephone solicitations under the statute.
  • An established business relationship under the statute must exist now or have existed within the preceding twelve months.
  • The compiler's annotation says the state's former Consumer No Call Act was repealed on July 25, 2003.

Calling hours

NMSA 1978, 57-12-22(B)(5), (D)(4)

It is unlawful under the Unfair Practices Act to make a telephone solicitation for a purchase of goods or services that is received before 9 a.m. or after 9 p.m. The statute does not set different hours for weekends or holidays. A telephone solicitation is a voice or fax communication over a telephone line to encourage the purchase or rental of, or investment in, property, goods, or services, including one made with automatic dialing and recorded message equipment.

The national do not call registry

NMSA 1978, 57-12-22(C)(1), (D)(4)

It is unlawful to make a telephone solicitation of a residential subscriber whose number has been on the national do not call registry, established by the Federal Trade Commission, for at least three months before the call. The definition of telephone solicitation leaves out calls made with the subscriber's prior express invitation or permission, calls by or for a person with whom the subscriber has an established business relationship, political calls and polls, and certain calls by resident licensed real estate brokers about real estate. The annotation says the state's former Consumer No Call Act was repealed in 2003.

Prerecorded sales calls and dialing equipment

NMSA 1978, 57-12-22(A), (B)(6), (D)(4)

A person may not use an automated telephone dialing or push button or tone activated address signaling system with a prerecorded message to solicit purchases unless there is an established business relationship and the person called consents to hear the message. Automatic dialing equipment must release the line immediately when the called party disconnects. The statute's definition of telephone solicitation includes communications made with automatic dialing and recorded message equipment, so its hours, disclosure, and do not call rules reach those calls as well.

Established business relationship and consent

NMSA 1978, 57-12-22(A), (D)(1)

The statute defines an established business relationship as one formed before the solicitation through a voluntary, two way communication between a seller or telephone solicitor and a residential subscriber, based on an application, purchase, ongoing contractual agreement, or commercial transaction, that exists now or existed within the preceding twelve months. The prerecorded message rule requires both that relationship and the called person's consent to hear the message. The statute does not specify a written form for that consent.

Disclosures and caller ID

NMSA 1978, 57-12-22(B), (C)(2)

Within fifteen seconds after the person answers, the caller must disclose the sponsor's name and the primary purpose of the contact. A solicitation of a residential subscriber may not be disguised as a courtesy call or public service information call, and a sales call may not pose as research or a survey. Before the customer commits, the caller must disclose the cost, all terms and conditions, payment plans, and any extra charges such as shipping and handling. Credit card numbers may not be requested before the buyer expresses a desire to pay by credit card. Blocking or intentionally circumventing a residential subscriber's caller ID is unlawful.

Calls to businesses

NMSA 1978, 57-12-22(B), (C), (D)(3)

The do not call and caller ID rules protect residential subscribers, defined as persons who subscribe to residential telephone service from a local exchange company, and others living with them. The disclosure, calling hours, and dialing rules apply to a telephone solicitation for a purchase of goods or services, and apart from the rule on disguised courtesy calls, they do not use the residential subscriber term.

Recording calls

NMSA 1978, 30-12-1(C)

New Mexico's interference with communications law makes it a misdemeanor to knowingly and without lawful authority read, interrupt, take, or copy a message or communication intended for another by telephone without the consent of a sender or intended recipient. The statute lists exceptions for interception under a court order, carrier employees in the normal course of their work, and a person acting under color of law who is a party or has one party's prior consent.

Questions

Does the New Mexico do not call rule apply to cell phones?

The statute refers to residential subscribers. The annotations in the compilation published by the New Mexico Compilation Commission report a 2019 federal district court decision holding that the do not call provision covers numbers on the national registry whether the phone is wireless or a landline. They also report a 2020 decision finding nothing in the act that excludes wireless users from its telephone solicitation provisions.

What hours can we call consumers in New Mexico?

The Unfair Practices Act makes it unlawful to make a telephone solicitation for a purchase of goods or services that is received before 9 a.m. or after 9 p.m. The federal rules use 8 a.m. to 9 p.m. for residential calls, so the New Mexico window starts an hour later.

Can we send prerecorded sales messages to past customers in New Mexico?

The statute allows a prerecorded sales message only when there is an established business relationship and the person called consents to hear the message. An established business relationship must exist now or have existed within the preceding twelve months.

Sources

Checked September 26, 2026. Every fact on this page comes from these official sources. General information, not legal advice: rules change, so confirm with the cited statute or agency and with counsel.

  1. NMSA 1978, ch. 57, including 57-12-22 and annotations (NMOneSource, New Mexico Compilation Commission)
  2. NMSA 1978, ch. 30, including 30-12-1 (NMOneSource, New Mexico Compilation Commission)
  3. 47 CFR 64.1200 (eCFR)
  4. 16 CFR 310.4, Telemarketing Sales Rule (eCFR)
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