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Best Practices: Phone Call Regulations & Guidance

Overview

This article provides an overview of the key regulations governing telemarketing, including the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA). It also offers best practices for ensuring compliance, such as maintaining written procedures and understanding penalties for violations.

Note: This article does not contain legal advice. It is always recommended to review your call making and marketing strategies with your legal counsel.

IN THIS ARTICLE

Regulatory compliance
Best practices for calling
Call handling tools
Review these materials

Regulatory compliance

  • Comply with Local and Federal Regulations:
    • Always adhere to TCPA, CMS, and FCC rules, and make sure your practices align with these standards to avoid penalties.
  • Review and implement your local regulations:
  • 2024 Updated CMS Rules
    • TPMOs must obtain prior express written consent through a clear and conspicuous disclosure for each TPMO receiving a beneficiary’s data.
  • Register your numbers with FreeCallerRegistry:
  • Add your business name to ported numbers:
    • If you've ported numbers into AMS+, submit a business verification request to add your business name to their caller ID. Learn how to submit a request.
  • Call time restrictions:
    • Do not make calls before 8 a.m. or after 9 p.m. local time. For example, if you're on Eastern Standard Time, don’t call someone in California before 11 a.m. EST. However, calling up to midnight your time is acceptable if it’s before 9 p.m. for them.
  • Maintain call recordings:
    • Keep recordings for the required minimum period, typically 10 years for most insurance agencies in the health or Medicare markets. AMS+ provides secure, HIPAA-compliant storage for the length of your subscription. Before closing your account, ensure all recordings and data are exported, as they will be deleted within a month of account closure.

Best practices for calling

  • Use voicemail drops instead of hanging up to increase call longevity and improve call delivery
    • If the person doesn’t answer, leave a message using voicemail drops to quickly send a pre-recorded message while personalizing the greeting (like "Hello George!"). This can help you get better responses and reduce blocked numbers. Voicemail drops also keep your calls longer and improve message delivery, which can stop your messages from being marked as spam.
  • Avoid quick hang-ups
    • Hanging up too many times in an hour can result in your number being flagged as "likely spam" by phone carriers. Carriers flag numbers making numerous calls lasting under 6 seconds.
  • Playable recordings for disclaimers

Call handling tools

Review these materials

Understand the Telemarketing Sales Rule (TSR)

The Telemarketing Sales Rule (TSR), enforced by the Federal Trade Commission (FTC), sets key guidelines for telemarketers, including:

  • Prohibiting misrepresentations
  • Restricting the times telemarketers may call consumers
  • Banning calls to consumers who have requested not to be contacted again
  • Imposing payment restrictions on the sale of certain goods and services

It's highly recommended to read through the full TSR to fully understand the scope and implications of the rule. You can find a summary from the FTC that outlines the essential points, but knowing the details will help ensure compliance.

Familiarize Yourself with the Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) is regulated by the Federal Communications Commission (FCC). Key provisions of the TCPA include:

  • Permissible call times (e.g., calls between 8 a.m. and 9 p.m. local time)
  • Proper identification of the caller
  • Rules around the use of robocalls

Noncompliance with the TCPA can result in fines of up to $1,500 per willful violation, so it's crucial to follow these rules closely.

Maintain Written Procedures for Compliance

To ensure consistent compliance with both the TSR and TCPA, it's important to document your procedures. These written guidelines should be easily accessible to everyone on your team and include key compliance rules, such as:

  • Calling only between 8 a.m. and 9 p.m.
  • Properly identifying who you are and the purpose of the call
  • Responding to consumer requests not to be contacted again

Clear and accessible procedures can help protect your business from violations and ensure that your team is always in compliance.

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