This article outlines key phone call regulations that apply to marketing and outreach in AMS+, including guidance from the FCC, CMS, and FTC. It also covers best practices for tools like voicemail drops and playable recordings to help your team stay compliant and efficient.
Note: This article does not contain legal advice. It is always recommended to review your call making and marketing strategies with your legal counsel.
For more on using VoIP features in AMS+, including training and related resources, see this feature overview.
Requirements
- Your agency’s AMS+ account must be subscribed to the Elevate package.
- Your agency’s AMS+ account must have at least one VoIP phone number. Learn more.
- To set up voicemail drops or playable recordings:
- You must be logged into AMS+ as an Agency User.
- You must be assigned to a Security Group with the Sales Enablement Visible and Manage Users permissions.
Regulatory compliance
- Follow federal and local rules: Always adhere to TCPA, CMS, and FCC guidelines.
-
Review and implement your local regulations:
- Telephone Consumer Protection Act (TCPA)
-
2024 Updated Federal Communications Commission (FCC) Rulings
- New for 2025: A requirement for one-to-one consent, similar to the new CMS rule. The FCC now mandates that you must obtain explicit, revocable written consent for text messaging and calls. This consent cannot be transferred to or by another organization. See the Closing The Lead Generator Loophole section for more details.
- Review CMS guidance: TPMOs must obtain prior express written consent through a clear and conspicuous disclosure for each party receiving beneficiary data.
- Register your numbers: Use FreeCallerRegistry and other tools to avoid spam labeling. Learn how to register your numbers.
- Add your business name to caller ID: If you've ported numbers into AMS+, request caller ID branding. Learn how to submit a request.
- Respect call time restrictions: Calls may only be made between 8:00 a.m. and 9:00 p.m. local time for the recipient.
- Maintain recordings: Most health or Medicare agencies must retain call recordings for 10 years. AMS+ stores recordings securely for the length of your subscription.
Best practices for calling
- Use voicemail drops: Avoid hanging up if the person doesn’t answer. Voicemail drops help improve call delivery rates.
- Avoid short calls: Carriers may flag your number as spam if you hang up frequently in under 6 seconds.
- Use playable recordings for disclaimers: Play pre-recorded disclaimers (e.g., Medicare, ACA) to ensure compliance and conserve your voice.
Tools to support compliance
-
Voicemail drops:
- Quickly send pre-recorded messages when a call goes to voicemail
- Personalize parts of the message using the person’s name
- Learn how to create a voicemail drop
- Learn how to leave a voicemail drop during a call
-
Playable recordings:
- Use to read required disclaimers during live calls
- Learn how to make a playable recording
- Learn how to play a playable recording during a call
Call handling tools
-
Use voicemail drops:
- Speed up your process by using voicemail drops to leave messages efficiently while still personalizing parts of the message.
-
Use playable recordings for required disclaimers:
- Have the system read out disclaimers, such as Medicare notices or ACA attestations, to save time and ensure compliance.
Stay informed on key regulations
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.
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.
Written procedures
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 8:00 a.m. and 9:00 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.