TCPA Attorney for New Mexico Consumers
New Mexico TCPA Lawyer for
Robocalls and Spam Texts
New Mexico residents who receive illegal robocalls or spam texts can pursue claims under the federal Telephone Consumer Protection Act. New Mexico also has a state consumer protection statute that may provide an additional private cause of action when robocalls include deceptive or misleading representations or break the state's telephone solicitation rules. The Darwich Law Firm is licensed in New Mexico and handles TCPA claims for New Mexico consumers. A case review is free, and there is no fee unless the firm recovers.
Free case review · No fee unless we recover · Licensed in New Mexico
If we do not recover, you owe neither attorney's fees nor case expenses.
Quick Overview
New Mexico's Unfair Practices Act gives consumers a private right of action for unfair or deceptive trade practices, including deceptive telemarketing and specific telephone solicitation practices the Act prohibits, with its own minimum damages and attorney fees provisions. When a robocall involves not only a TCPA violation but also a deceptive representation or a prohibited solicitation practice, New Mexico consumers may have claims under both statutes. This page covers what is different about pursuing a robocall claim in New Mexico. For the federal TCPA damages formula, violation types, and documentation checklist, see our TCPA overview.
New Mexico's Unfair Practices Act and Robocall Claims
New Mexico's Unfair Practices Act, NMSA 1978, Section 57-12-1 and the sections that follow, prohibits unfair or deceptive trade practices in connection with the sale, lease, rental, or loan of goods or services. Deceptive telemarketing calls fall within the statute's reach when they involve false or misleading statements about the caller's identity, the purpose of the call, a product or service being offered, or the nature of a promotion. Section 57-12-22 also makes specific telephone solicitation practices unlawful, including failing to disclose who is calling and why within the first 15 seconds, calling before 9 a.m. or after 9 p.m., and soliciting a residential number that has been on the National Do Not Call Registry for at least three months.
Section 57-12-10 gives individual consumers a private right of action under the NMUPA. A consumer who loses money or property as a result of an unfair or deceptive practice can recover actual damages or one hundred dollars, whichever is greater, and the court must award reasonable attorney fees and costs to a consumer who prevails. Where a defendant's conduct was willful, a court may award up to three times actual damages or three hundred dollars, whichever is greater. The NMUPA allows class actions where a defendant's conduct affected multiple consumers in a common way.
The NMUPA and the federal TCPA are separate causes of action. A marketing robocall made with an autodialer or a prerecorded voice without prior express written consent is a TCPA violation. If the same call also made false statements about who was calling or what was being sold, or broke one of the state's telephone solicitation rules, the NMUPA may provide an additional cause of action. Not every TCPA violation is also an NMUPA violation: the call must involve a deceptive practice or one of the solicitation practices the Act prohibits. We evaluate whether NMUPA claims are viable alongside TCPA claims as part of the case review.
What the TCPA Covers for New Mexico Consumers
The federal TCPA's protections apply equally to New Mexico phone numbers. A marketing call or text to a New Mexico cell phone made with an autodialer or a prerecorded or AI-generated voice, without prior express written consent, carries the same per-call federal damages as one to any number in any other state. National Do Not Call Registry protections, prerecorded message rules, consent revocation rights, and opt-out rules apply without modification. For the full breakdown of violation types, the damages formula, and what to preserve before calling us, see our TCPA overview page. What follows here is what is specific to New Mexico.
One question is unsettled: whether marketing texts count as calls under the TCPA's Do Not Call provision. Courts are split, the Tenth Circuit has not decided the question, and we have not found a District of New Mexico ruling on it. Our map of federal court rulings on texts as calls shows where each district stands.
Where New Mexico TCPA Cases Are Filed
Federal TCPA claims for New Mexico residents are generally filed in the United States District Court for the District of New Mexico, which has courthouses in Albuquerque, Las Cruces, Roswell, and Santa Fe. The District of New Mexico sits within the Tenth Circuit. Courts in the Tenth Circuit can read contested TCPA questions differently from the Ninth Circuit, which covers Arizona, and the Fifth Circuit, which covers Texas. Circuit precedent shapes how New Mexico district judges approach contested TCPA questions including autodialer definitions following the Supreme Court's 2021 Facebook v. Duguid decision, the standard for prior express written consent, and what constitutes effective consent revocation.
New Mexico NMUPA claims can be brought in state court or, where federal jurisdiction exists from the TCPA claim, as a supplemental state law claim in the same federal action. We assess the appropriate forum as part of the case evaluation.
Representing New Mexico Clients
The Darwich Law Firm is licensed in New Mexico and handles TCPA and NMUPA claims for New Mexico residents. TCPA litigation does not typically require in-person appearances for most of the case. Intake, document review, demand and negotiation, and the substantial majority of litigation activity are conducted remotely. If a case proceeds to a hearing or trial in the District of New Mexico or a New Mexico state court, we coordinate that directly. TCPA and NMUPA cases are handled on contingency. If we do not recover, you owe neither attorney's fees nor case expenses.
Robocall Targeting Patterns in New Mexico
New Mexico has one of the highest proportions of Hispanic residents in the country, and many New Mexico households receive Spanish-language robocalls and automated messages. The federal TCPA applies equally to calls received in any language: a Spanish-language marketing call to a New Mexico cell number made with an autodialer or a prerecorded voice, without the consent the law requires, is the same violation as an English-language call.
New Mexico's military communities, including the areas around Kirtland Air Force Base and White Sands Missile Range, also receive financial services and insurance robocalls. Older residents in Santa Fe, Taos, and the Rio Grande corridor receive Medicare supplement and extended warranty robocalls. Many of these reach numbers on the National Do Not Call Registry. More than one telemarketing call in 12 months from the same company to a registered number, without consent or an established business relationship, can violate the TCPA regardless of the language of the call or the location of the calling company.
New Mexico TCPA FAQs
New Mexico has the NMUPA and the federal TCPA. When can I use both for the same robocall?
The two statutes address different wrongs. The TCPA covers the mechanics of the call: a marketing call made with an autodialer or a prerecorded voice without the required consent, a prerecorded message sent to a cell phone without permission, or repeated telemarketing calls to a number on the Do Not Call Registry. The NMUPA covers deceptive or misleading statements about who is calling, what is being sold, or what the call is about, along with specific telephone solicitation practices the Act prohibits. If a call violated the TCPA and also made false statements about the caller's identity or the offer, both claims may apply. We assess whether both are viable as part of the case review.
What damages can I recover under New Mexico's Unfair Practices Act for a deceptive robocall?
Section 57-12-10 allows a person who loses money or property because of an unlawful practice to recover actual damages or one hundred dollars, whichever is greater. Whether a robocall that caused no financial loss meets that requirement depends on the facts. The court must award attorney fees and costs to a consumer who prevails. If the defendant's conduct was willful, a court may award up to three times actual damages or three hundred dollars, whichever is greater. The NMUPA damages run separately from the TCPA, where statutory damages are $500 per robocall violation and up to $500 per Do Not Call violation, and up to $1,500 per violation if a court finds the violation willful or knowing. Where both claims are viable, the total across both statutes can be significant in a high-volume case.
I received a robocall in Spanish. Does the TCPA still protect me?
Yes. The TCPA is a federal statute and applies to calls in any language. A Spanish-language marketing call to a New Mexico cell phone made with an autodialer or a prerecorded voice, without the consent the law requires, is the same violation as an English-language call. The language of the call does not affect your rights, the damages available, or the statute of limitations. The fact that a caller targeted Spanish-language recipients does not change the legal analysis.
How does the Tenth Circuit approach TCPA cases compared to other circuits?
The Tenth Circuit, which covers New Mexico, can read some TCPA questions differently from the Ninth Circuit (Arizona) and the Fifth Circuit (Texas). Circuit precedent shapes how district judges in the District of New Mexico approach questions including autodialer definitions under the Supreme Court's Facebook v. Duguid decision, the revocability of consent, what prior express written consent requires for marketing calls, and whether texts count as calls under the Do Not Call provision. We review Tenth Circuit decisions as they apply to the facts of a New Mexico claim as part of the case assessment.
Is the statute of limitations different for NMUPA claims than for TCPA claims in New Mexico?
The federal TCPA has a four-year statute of limitations running from the date of each violation. The limitations period for NMUPA claims in New Mexico is governed by state law and may differ from the federal period. Each illegal call or text is a separate violation with its own period under the TCPA. If you believe you have received illegal robocalls, contacting an attorney promptly preserves your options under both statutes. We identify all potentially actionable violations during the free case review.
Receiving Illegal Calls or Texts in New Mexico?
Talk to an Attorney Today.
A free case review will assess how many violations may be actionable under the TCPA, whether New Mexico NMUPA claims apply, and what recovery may be available under both statutes. Start your case review or call (469) 960-6069. For the complete federal TCPA overview, violation types, and documentation guidance, visit our TCPA lawyer page.
Free case review · No fee unless we recover · Licensed in New Mexico
If we do not recover, you owe neither attorney's fees nor case expenses.