Telephone Consumer Protection Act (TCPA): What You Need to Know

The Telephone Consumer Protection Act (TCPA) is a Federal Communications Commission (FCC) regulatory law that Agent Pipeline partners are obligated to comply with, in addition to CMS Medicare Marketing Guidelines. For more information regarding selling Compliance, please contact Agent Pipeline’s Compliance Board.

What is TCPA?

The Telephone Consumer Protection Act (TCPA) and other laws regulate telemarketing calls to consumers using automated systems. In essence, “telemarketing” refers to all forms of telemarketing subject to state or federal regulation, including but not limited to telemarketing as regulated under the Telephone Consumer Protection Act, 43 U.S.C. §227. This includes use of automatic telephone dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines, as well as live calls that may be subject to any applicable law, regulation, or ordinance limiting; for example, the hours of such calls contacting persons on any “do not call” registry.

Under TCPA, if uplines or producers engage in telemarketing with respect to any Medicare products or services, they must:

• Maintain a Do Not Call list for their organization, with supporting documented procedures that ensure that their organization scrubs all phone numbers against federal, state and internal do not call lists in accordance with applicable law
• Maintain records regarding compliance with call abandonment rates in accordance with all telemarketing laws and regulations that now or hereafter govern telemarketing
• Not use any telephone number(s) to engage in telemarketing obtained without legally sufficient consent of the recipient (e.g., telephone numbers obtained via a third-party)

TCPA rules and regulations apply to outbound telephone calls to or from any individual or entity with respect to marketing any Medicare product. Therefore, selling partners must comply with all federal, state and municipal laws, regulations and administrate guidance pertaining to:

• The recording and/or monitoring of telephone calls
• Audible notice requirements regarding the recordation and/or monitoring of telephone calls (including notifying such individual or entity at the inception of the call that such calls will be recorded and monitored)
• Obtaining consent at the inception of such to the recordation and/or monitoring of telephone calls
• The storage, privacy, security, and destruction of any recorded phone calls

To access the DNC Registry, go to www.telemarketing.donotcall.gov. To learn more, the FTC maintains an FAQ website for telemarketers at https://www.ftc.gov/tips-advice/business-center/guidance/qa-telemarketers-sellers-about-dnc-provisions-tsr.

How to stay compliant

We offer a number of resources to help you stay compliant. In addition to contacting our Compliance Board, use items below:

• Agent Pipeline’s Compliance Corner Guide: TCPA Frequently Asked Questions
• 2018 Medicare Marketing Guidelines
• CMS’s Official Regulatory Resources Page