New Mexico Telemarketing and Cold Calling Laws
In New Mexico, sales calls are allowed 9 a.m.–9 p.m., the National Do Not Call Registry applies, and recording a call needs one party’s consent.
New Mexico rules next to federal law
| Rule | New Mexico | Federal baseline |
|---|---|---|
| Calling hours | Telephone solicitations may not be received before 9:00 a.m. or after 9:00 p.m., an hour later in the morning than federal law. No day-of-week restriction.NMSA 1978, § 57-12-22(B)(5) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | New Mexico adopted the FTC's National Do Not Call Registry as the state registry. A telephone solicitation to a residential subscriber whose number has been on the national registry for at least three months is unlawful; 'residential subscriber' means a subscriber to residential service from a local exchange company.NMSA 1978, § 57-12-22(C)(1), (D); Consumer No-Call Act (Laws 2003, SB 573) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | An automated dialing system with a prerecorded message may be used to solicit purchases only if there is an established business relationship (within the past 12 months) and the person called consents to hear the message. Autodialers must release the line as soon as the called party hangs up.NMSA 1978, § 57-12-22(A), (B)(6), (D) | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telephone solicitors may not block or intentionally circumvent a residential subscriber's caller ID. Within 15 seconds of the answer, the caller must give the sponsor's name and the primary purpose of the call.NMSA 1978, § 57-12-22(B)(1), (C)(2) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Call recording consent | Intercepting or copying a telephone communication is a crime only without the consent of a sender or intended recipient, so one party's consent is enough.NMSA 1978, § 30-12-1(C) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | Partly. There is no express B2B exemption, but the do-not-call ban protects only residential subscribers, so calls to business lines fall outside it. The 9 a.m.-9 p.m. window, 15-second disclosure and prerecorded-message rules in § 57-12-22 are not limited to residential lines.NMSA 1978, § 57-12-22 | No general federal equivalent |
Recent changes
- None found for 2021-2026. Bills to extend § 57-12-22 to wireless and VoIP lines (2019 HB 424 and 2020 HB 78) died.
Calling New Mexico from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
New Mexico calling questions
What are the legal calling hours in New Mexico?
Telephone solicitations may not be received before 9:00 a.m. or after 9:00 p.m., an hour later in the morning than federal law. No day-of-week restriction. (NMSA 1978, § 57-12-22(B)(5)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does New Mexico have its own do-not-call list?
New Mexico adopted the FTC's National Do Not Call Registry as the state registry. A telephone solicitation to a residential subscriber whose number has been on the national registry for at least three months is unlawful; 'residential subscriber' means a subscriber to residential service from a local exchange company. (NMSA 1978, § 57-12-22(C)(1), (D); Consumer No-Call Act (Laws 2003, SB 573))
Is New Mexico a one-party or all-party consent state for recording calls?
Intercepting or copying a telephone communication is a crime only without the consent of a sender or intended recipient, so one party's consent is enough. (NMSA 1978, § 30-12-1(C))
Do New Mexico telemarketing rules apply to business-to-business calls?
Partly. There is no express B2B exemption, but the do-not-call ban protects only residential subscribers, so calls to business lines fall outside it. The 9 a.m.-9 p.m. window, 15-second disclosure and prerecorded-message rules in § 57-12-22 are not limited to residential lines. (NMSA 1978, § 57-12-22)
This page summarizes New Mexico and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.