Here is a quick walkthrough of some of the primary new legal requirements for telemarketing:

1. Telemarketing records must be retained for 5 years, including vendor contracts, scripts, and promotional materials (Sections 310.5(a)(1) and 310.5(a)(9)).
2. Consent records for sales calls must encompass name, phone number, a copy of the consent request in the same format it was given to the consumer, the purpose/scope of the request, a copy of the consent provided, and the date consent was given.
3. For sales calls that require prior express written consent, the consent will need to identify the specific seller(s) for whom consent is being given by their legal name, as well as brand names if needed to ensure the consumer is aware of which entity they are giving consent to. For calls on behalf of Elevance Health-affiliated plans or advertising one of our plans, the consent request should name Elevance Health Inc. and its subsidiaries, including the specific local affiliate brand and its legal name whose plans are being marketed.
4. As of October 15, 2024, telemarketers are required to preserve call detail records for sales calls. The call detail records must include all of the items set out in Section 310.5(a)(2).

We thank you in advance for acquainting yourself with these requirements. Please share this information with your internal teams as needed. The FTC’s explanation of the changes and full amended rule can be found here: https://www.govinfo.gov/content/pkg/FR-2024-04-16/pdf/2024-07180.pdf.

IMPORTANT REMINDER Agencies that sell Medicare Advantage plans should already be keeping selling and marketing materials, scripts, and tapes for 10 years and should continue to do so per CMS regulations as summarized here: agent-broker-marketing-faqs-10-19-2022.pdf (cms.gov).