New Mexico telemarketing & SMS rules for insurance agents

New Mexico makes it unlawful under the Unfair Practices Act to make a telephone solicitation for a purchase of goods or services "that are received before 9:00 a.m. or after 9:00 p.m." (NMSA 1978, § 57-12-22(B)(5)), so the morning start is an hour later than the federal 8:00 a.m. rule for residential telephone solicitations (47 CFR 64.1200(c)(1)). The same section bars telephone solicitations to residential subscribers whose numbers have been on the national do-not-call registry for at least three months (§ 57-12-22(C)(1)), and prerecorded sales messages unless there is an established business relationship and the person called consents to hear the message (§ 57-12-22(A)). The exclusions from “telephone solicitation” in § 57-12-22(D)(4) contain no insurance-agent exemption, and a person who suffers a loss of money or property from an unlawful practice may sue for actual damages or $100, whichever is greater — up to three times actual damages or $300 for a willful practice — plus attorney fees and costs if the person prevails (§ 57-12-10(B)–(C)).

New Mexico regulates telephone solicitation under the New Mexico Unfair Practices Act — telephone solicitation sales (NMSA 1978, § 57-12-22) (NMSA 1978, §§ 57-12-7, 57-12-10, 57-12-11, 57-12-22), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in New Mexico?

9:00 a.m. to 9:00 p.m. Section 57-12-22(B) provides that "It is unlawful under the Unfair Practices Act for a person to make a telephone solicitation for a purchase of goods or services" that is, under paragraph (5), "received before 9:00 a.m. or after 9:00 p.m." The statute does not say whose local time applies. A call to a residence received at 8:30 a.m., which the federal rule permits (47 CFR 64.1200(c)(1)), falls outside New Mexico’s window. A communication made to a residential subscriber with that subscriber’s prior express invitation or permission, or by or on behalf of a person with whom the subscriber has an established business relationship, is not a “telephone solicitation” (§ 57-12-22(D)(4)(a)–(b)).

Are there Sunday or holiday restrictions in New Mexico?

Section 57-12-22 contains no Sunday or holiday rule.

What consent does New Mexico require before the first call or text?

Prerecorded sales messages need both an established business relationship and consent. Section 57-12-22(A): "A person shall not utilize an automated telephone dialing or push-button or tone-activated address signaling system with a prerecorded message to solicit persons to purchase goods or services unless there is an established business relationship between the persons and the person being called consents to hear the prerecorded message." An established business relationship must have been formed before the solicitation through a voluntary, two-way communication on the basis of an application, purchase, ongoing contractual agreement or commercial transaction regarding the seller’s or solicitor’s products or services, and must currently exist or have existed within the immediately preceding twelve months (§ 57-12-22(D)(1)). Section 57-12-22 sets no prior-consent requirement for live calls; a communication made with the subscriber’s "prior express invitation or permission" is excluded from “telephone solicitation” (§ 57-12-22(D)(4)(a)).

Does New Mexico treat texting differently from calling?

Section 57-12-22(D)(4) defines “telephone solicitation” as "a voice or telefacsimile communication over a telephone line" for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, including a communication through automatic dialing and recorded message equipment. The section does not mention text messages.

Does New Mexico have its own do-not-call list?

Section 57-12-22 relies on the national registry and creates no separate state list. Section 57-12-22(C)(1) makes it unlawful to "make a telephone solicitation of a residential subscriber whose telephone number has been on the national do-not-call registry, established by the federal trade commission, for at least three months prior to the date the call is made." A “residential subscriber” is a person who has subscribed to residential telephone service from a local exchange company, or the other persons living or residing with that person (§ 57-12-22(D)(3)).

Do I need to register to solicit in New Mexico?

Section 57-12-22 contains no registration, bond or permit requirement for telephone solicitors.

Are licensed insurance agents exempt in New Mexico?

No insurance-specific exemption. The exclusions from “telephone solicitation” in § 57-12-22(D)(4) cover a communication made with the residential subscriber’s prior express invitation or permission; by or on behalf of a person with whom the subscriber has an established business relationship; made solely to urge support for or opposition to a political candidate or ballot issue; made solely to conduct political polls or solicit opinions, ideas or votes; and by a duly licensed real estate broker resident in New Mexico calling solely about real estate within the scope of the license and not in conjunction with any other offer. None covers insurance producers. The Unfair Practices Act’s general exemption provides: "Nothing in the Unfair Practices Act shall apply to actions or transactions expressly permitted under laws administered by a regulatory body of New Mexico or the United States, but all actions or transactions forbidden by the regulatory body, and about which the regulatory body remains silent, are subject to the Unfair Practices Act" (§ 57-12-7).

What are the penalties in New Mexico?

Private action: "Any person who suffers any loss of money or property, real or personal, as a result of any employment by another person of a method, act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater" (§ 57-12-10(B)). Where the trier of fact finds the practice was willful, the court may award up to three times actual damages or $300, whichever is greater (§ 57-12-10(B)). The court shall award attorney fees and costs to the complaining party if it prevails, and to the party charged if the action was groundless (§ 57-12-10(C)). A person likely to be damaged may obtain an injunction without proof of monetary damage, loss of profits or intent to deceive (§ 57-12-10(A)), and any party may request early mediation in writing within thirty days after service on all parties (§ 57-12-10(F)). Attorney General: in an action under § 57-12-8, if the court finds willful use of a practice declared unlawful by the Act, the attorney general may recover a civil penalty "not exceeding five thousand dollars ($5,000) per violation" (§ 57-12-11).

Controlling statute

New Mexico Unfair Practices Act — telephone solicitation sales (NMSA 1978, § 57-12-22) — NMSA 1978, §§ 57-12-7, 57-12-10, 57-12-11, 57-12-22

Other things that change the answer

Section 57-12-22(B) also makes it unlawful to make a telephone solicitation for a purchase of goods or services without disclosing, within fifteen seconds of the time the person answers, the name of the sponsor and the primary purpose of the contact; to misrepresent the primary purpose of a solicitation of a residential subscriber as a “courtesy call”, a “public service information call” or another euphemism; to solicit under the guise of research or a survey when the real intent is to sell; to fail to disclose, before the customer commits, the cost of the goods or services, all terms, conditions and payment plans, and the amount or existence of any extra charges such as shipping and handling; to use automatic dialing equipment unless the telephone immediately releases the line when the called party disconnects; to use automatic dialing equipment that "dials and engages the telephone numbers of more than one person at a time but allows the possibility of a called person not being connected to the calling person for some period not exceeding that established by the federal trade commission"; or to request credit card numbers before the prospective purchaser expresses a desire to pay by credit card (§ 57-12-22(B)(1)–(4), (6)–(8)). It is also unlawful to use a method to block or otherwise intentionally circumvent a residential subscriber’s use of a caller identification service (§ 57-12-22(C)(2)). The section’s history lists Laws 1989, ch. 309, § 2 and Laws 2003, ch. 167, § 10.

Sources

• NMSA 1978, Chapter 57 — Trade Practices and Regulations (§§ 57-12-7, 57-12-10, 57-12-11, 57-12-22), NMOneSourceprimary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.