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Robocall Help · New Mexico

Robocall Lawyer in New Mexico: $500 to $1,500 Per Illegal Call

New Mexico folds its telemarketing rules into the state Unfair Practices Act, at NMSA 1978 Section 57-12-22, which bars sales calls before 9 a.m. or after 9 p.m. and restricts automated dialers that play recorded pitches. If illegal calls or texts are hitting your phone in New Mexico, you may be owed $500 to $1,500 per call under the federal TCPA.

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$500 to $1,500
per illegal call or text
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$0 up front, contingency
All 50 states
federal law, nationwide
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Max Morgan, Esq.

New Mexico robocall law at a glance

The federal TCPA is the money engine for every claim. New Mexico’s Unfair Practices Act adds its own rules on top.

State law
Unfair Practices Act, NMSA 1978 § 57-12-22 (telephone solicitation sales)
Calling hours
9 a.m. to 9 p.m.
State Do Not Call list
No state list; national registry
Per illegal call
$500 to $1,500federal TCPA, stacks per call

New Mexico does not keep a separate no-call list. Section 57-12-22 makes it an unfair practice to call a number that has been on the national Do Not Call Registry for three months or more, so one registration at donotcall.gov is what counts here. The same section requires a solicitor to say who they are and why they are calling within the first 15 seconds, and it bars circumventing your caller ID. Those are useful state-law facts to have in your notes, but the dollar figures on this page come from the federal TCPA, which applies in Albuquerque, Las Cruces, Santa Fe and every other corner of the state.


Two laws protect New Mexico residents

A federal law covers everyone, and New Mexico’s own rules can add to it.

Federal law

The TCPA

The Telephone Consumer Protection Act, the nationwide law behind every claim.

  • Protects everyone in New Mexico, no matter the state rules.
  • Bars autodialed or prerecorded calls and texts to your cell without consent.
  • $500 to $1,500 per call, stacking with every violation.
  • You can sue personally, you don’t wait on the government.
New Mexico law

Unfair Practices Act, NMSA 1978 § 57-12-22

New Mexico’s telephone solicitation rules, enforced by the New Mexico Department of Justice.

  • Calling hours: no telephone solicitation before 9 a.m. or after 9 p.m.
  • Autodialers: automated dialing that plays a recorded sales message is restricted unless there is an existing business relationship and prior consent.
  • Do Not Call: calling a number that has been on the national registry for three months or more is an unfair practice.
  • Identification: the caller must identify the seller and the purpose of the call within 15 seconds, and may not block or spoof caller ID.

How the law works in New Mexico

The federal Telephone Consumer Protection Act (TCPA) is the law that pays. It bars autodialed and prerecorded calls and texts to your cell phone without your prior express consent, and it bars telemarketing calls to numbers on the national Do Not Call Registry. Each violation is worth $500, and a court can raise that to $1,500 per call if the violation was willful or knowing. The amounts stack: thirty illegal calls are thirty separate violations.

New Mexico does not run its own no-call list. Section 57-12-22 of the Unfair Practices Act points to the national registry instead and treats calls to a registered number as an unfair practice. The section also sets a 9 a.m. to 9 p.m. window for sales calls, requires the caller to identify the seller within 15 seconds, and bars the caller from defeating your caller ID. Violations are handled by the Consumer Protection Division of the New Mexico Department of Justice, which is what the state now calls the Attorney General’s office.

TCPA suits from New Mexico are filed in the United States District Court for the District of New Mexico, which sits in Albuquerque, Las Cruces and Santa Fe and covers the whole state, including Rio Rancho and the 505 and 575 area codes. State claims under the Unfair Practices Act can sometimes be pleaded alongside the federal claim in the same case. In practice the TCPA does the heavy lifting because its statutory damages are fixed per call and do not depend on proving what the calls cost you.

Max Morgan, Esq. reviews New Mexico call records for free. Cases are handled nationwide under the federal TCPA. Local counsel is associated where New Mexico rules require it. You pay no fee unless you recover. The federal TCPA limitations period is four years, but talk to us before assuming there is time, because the clock runs call by call.

Woman smiling at a kitchen counter holding her phone and a cup of coffee

Getting illegal calls in New Mexico? Do this.

  1. Save everything.Call logs, voicemails and text screenshots are the evidence. Do not delete a thing, even the calls that came at odd hours.
  2. Register at donotcall.gov.New Mexico has no separate state list, so the national registry is the one that counts. Telemarketing calls that keep coming 31 days after you register are a separate violation.
  3. Report it to the New Mexico Department of Justice.Use the Submit a Complaint page at nmdoj.gov. The complaint does not pay you, but it creates a dated record and helps enforcement.
  4. File with the FTC and FCC.Report the number at donotcall.gov and at fcc.gov/complaints. Our guide on how to report a robocall walks through both forms.
  5. Get a free case review.Tell us what is hitting your phone and we will tell you whether it looks like a TCPA case. Start with our two-minute case check.

See if you have a case


Why New Mexico residents reach out

If any of these sounds like your phone, it’s worth a free look.

“The recorded calls are about a truck loan in Las Cruces. I have never had a truck loan.”
“I asked a solar company in Albuquerque to stop texting. The texts kept coming for months.”
“My number has been on the Do Not Call list for years and a warranty pitch still calls every week.”

Find out what you’re owed


What we help New Mexico residents with

Each of these is a real, recoverable claim under the TCPA.


How it works

Three steps. No cost to find out. No obligation to go further.

1

Tell us what happened

Answer a few plain-English questions about the calls or texts. It takes about two minutes.

2

Max reviews it free

Max Morgan’s team looks at your answers and tells you, honestly, whether you have a claim worth pursuing.

3

If you qualify, he fights for it

You pay nothing up front and nothing unless you recover. Max handles the case.


Real cases Max has helped win

The TCPA is federal, so these results apply to New Mexico residents too.

$2.6M

Wrong-number prerecorded debt-collection calls.

Lucas v. Synchrony Bank (N.D. Ind.)

$995K

Telemarketing to Do-Not-Call list & after opt-out.

Campbell v. Everything Breaks (D. Nev.)

$577.5K

385 wrong-number calls at $1,500 each.

Higgs v. Golden Title Loans (W.D. Tenn.)

$400K

Prerecorded calls to cell phones without consent.

Key v. Miracle Faith Center (N.D. Fla.)

Prior results do not guarantee a similar outcome. Every case is different.


New Mexico robocall FAQs

Does New Mexico have its own Do Not Call list?

No. New Mexico relies on the national Do Not Call Registry. Section 57-12-22 of the Unfair Practices Act makes it an unfair practice to call a number that has been on the national registry for three months or more, so a single registration at donotcall.gov covers you under both state and federal law.

Which court hears a New Mexico robocall case?

TCPA claims are federal, so most are filed in the United States District Court for the District of New Mexico, with courthouses in Albuquerque, Las Cruces and Santa Fe. A related state claim under the Unfair Practices Act can sometimes be brought in the same case. We handle the filing; you do not need to appear at a courthouse to get started.

Do I need a New Mexico lawyer?

Not necessarily. The TCPA is a federal statute, so a robocall claim does not depend on hiring a lawyer licensed in New Mexico. Cases are handled nationwide under the federal TCPA. Local counsel is associated where New Mexico rules require it, at no extra cost to you.

Does New Mexico law add anything to a TCPA claim?

It can. Section 57-12-22 bars sales calls before 9 a.m. or after 9 p.m., requires the caller to identify the seller within 15 seconds, and bars blocking your caller ID. Those state rules are enforced by the New Mexico Department of Justice and can sometimes be added to a federal case, but the per-call statutory damages that make these cases worth bringing come from the TCPA.

How long do I have to bring a New Mexico robocall claim?

The federal TCPA limitations period is four years from each call. Older calls can fall off the claim while newer ones remain, so do not assume there is time. Talk to us first and bring your call log, especially if the calls continued after you said stop.

Explore: Wrong-number robocalls · How to sue a telemarketer · The state-by-state robocall law guide · Settlements

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Reviewed by Max Morgan, Esq.

Pennsylvania Attorney ID #316096 · Active, admitted 2013 · The Weitz Firm, LLC · Represents consumers nationwide under the TCPA.
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