Is New Mexico a one-party consent state?

§ 30-12-1(C) makes it a crime to read, interrupt, take or copy a message or communication sent by telephone without the consent of a sender or intended recipient. Because the consent of either one is enough, a party to the call may record it.

New Mexico is a one-party consent state, so the penalty applies to recording a call you are not a party to when neither the sender nor the recipient has consented (§ 30-12-1(C)). Interference with communications is a misdemeanor, punishable by less than 1 year in jail, a fine of up to $1,000, or both (§§ 30-12-1, 31-19-1(A)). The person whose call was intercepted can sue for actual damages of at least $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees (§ 30-12-11). Federal law gives a similar right to sue (18 U.S.C. § 2520).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

New Mexico bars sales calls that use an automated dialing system with a prerecorded message unless there is an established business relationship and the person called agrees to hear the message (§ 57-12-22(A)). Sales calls may not reach people before 9 a.m. or after 9 p.m., must name the sponsor and the purpose within 15 seconds, and may not go to numbers on the national do-not-call registry or block caller ID (§ 57-12-22(B), (C)).