Yes, New Mexico permits recording phone calls if at least one party consents, aligning with its one-party consent statute. The New Mexico Supreme Court upheld this in State v. Martinez (2004), reinforcing the legality of unilateral consent. Federal law (18 U.S.C. § 2511) also permits such recordings, provided they occur in jurisdictions adhering to one-party consent. Businesses operating in the state must adhere to the New Mexico Regulation and Licensing Department’s guidelines, particularly for telemarketing and customer service interactions.
Key Regulations for Recording Phone Calls in New Mexico
- One-Party Consent Requirement: Under N.M. Stat. Ann. § 30-12-1, only one participant in a conversation must consent to recording. This applies to both in-state and interstate calls where New Mexico law governs.
- Interception Prohibitions: The statute prohibits the interception of oral communications without consent, including via electronic means. Violations may result in civil penalties under N.M. Stat. Ann. § 30-12-4.
- Business & Telemarketing Compliance: The New Mexico Regulation and Licensing Department mandates clear disclosure of recording practices in commercial contexts, per the Telephone Solicitations Act (N.M. Stat. Ann. § 61-34-1 et seq.).
Note: While state law permits one-party consent, businesses must also comply with federal regulations (e.g., TCPA) and any local ordinances in municipalities like Albuquerque or Santa Fe, which may impose additional disclosure requirements. The New Mexico Attorney General’s Office has not signaled imminent changes to these statutes as of 2026.