Can you record a phone call in New Mexico?
One-party consent: you may record a call you take part in without telling the others. New Mexico's law only bans taking a phone message without the consent of a sender or intended recipient, and you are one of them.
- Phone calls
- New Mexico's interference with communications law (NMSA 1978, 30-12-1) makes it a misdemeanor to read, interrupt, take or copy a telephone or telegraph message without the consent of a sender or intended recipient. As a participant you can give that consent. The statute is written for wire lines; for mobile and internet calls, federal law (18 U.S.C. 2511(2)(d)) also allows one-party recording.
- Business calls
- New Mexico law requires no announcement, but announce on calls with people in all-party states. New Mexico has no general consumer privacy law as of 2026; comprehensive bills in 2025 and 2026 stalled. Its Unfair Practices Act can still be used against misleading data handling.
- What counts as consent
- Your own consent as the sender or recipient is enough; no beep or announcement is required. Consent can be express or implied (State v. Templeton, 2007).
- Penalties
- A misdemeanor. A person whose call was unlawfully taped or disclosed can sue for actual damages or $100 per day (at least $1,000), plus punitive damages, attorney fees and costs (NMSA 30-12-11).
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- In-person conversations fall outside the statute, which covers telephone and telegraph lines. A 1977 court held that a device hidden on a participant was not the eavesdropping it punishes (State v. Hogervorst).
- The statute dates from 1963 and was last amended in 1979, before mobile phones. That is why federal law matters for mobile and internet calls.
- Calling someone in an all-party state such as California? Their law may apply. California's Supreme Court applied its all-party rule to calls a broker recorded in Georgia (Kearney v. Salomon Smith Barney, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- NMSA 1978 Chapter 30, Criminal Offenses (includes 30-12-1 and 30-12-11), NMOneSource, New Mexico Compilation Commissionstatute
- NMSA 30-12-1, Interference with communications; exception (Justia, 2024)guide
- Reporters Committee for Freedom of the Press: New Mexico recording guideguide
- 18 U.S.C. 2511, federal Wiretap Act (Cornell LII)statute
- Kearney v. Salomon Smith Barney, California Supreme Court (2006)court
Other states
More free tools
Questions
Is New Mexico a one-party consent state?
Yes. One-party consent: you may record a call you take part in without telling the others. New Mexico's law only bans taking a phone message without the consent of a sender or intended recipient, and you are one of them.
Can a business record calls in New Mexico?
New Mexico law requires no announcement, but announce on calls with people in all-party states. New Mexico has no general consumer privacy law as of 2026; comprehensive bills in 2025 and 2026 stalled. Its Unfair Practices Act can still be used against misleading data handling.
What counts as consent in New Mexico?
Your own consent as the sender or recipient is enough; no beep or announcement is required. Consent can be express or implied (State v. Templeton, 2007).
What happens if you record a call illegally in New Mexico?
A misdemeanor. A person whose call was unlawfully taped or disclosed can sue for actual damages or $100 per day (at least $1,000), plus punitive damages, attorney fees and costs (NMSA 30-12-11).
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
