Legal Telemarketing Pitch?

[policywunk]

Mom got a call yesterday from a U.S. based TM (we think) they led with ' now that AEP is almost over & OEP has not started, we'd like to take advantage of the down time between and give you a free insurance consultation '
Legal ? They said insurance consultation, no mention of CMS or Medicare,,,,

Seems to me if who ever is behind the call is certified to sell MA or selling leads to agents who sell MA then it is non compliant solicitation unless we believe there is no ulterior motive here other than educational.This call may also be considered non compliant even if there was PTC because it seems like an attempt to market plans in the OEP which I understand is not allowed.

 

[Chazm]

Seems to me if who ever is behind the call is certified to sell MA or selling leads to agents who sell MA then it is non compliant solicitation unless we believe there is no ulterior motive here other than educational.This call may also be considered non compliant even if there was PTC because it seems like an attempt to market plans in the OEP which I understand is not allowed.

It’s only non compliant if they actually sold them a MAPD plan. They could get in the home or on the phone and only talk about Med supps. Whether you’re licensed to sell MAPD makes no difference as long as you don’t talk about those plans. You can mention aep and OEP all day.

 

[policywunk]

It’s only non compliant if they actually sold them a MAPD plan. They could get in the home or on the phone and only talk about Med supps. Whether you’re licensed to sell MAPD makes no difference as long as you don’t talk about those plans. You can mention aep and OEP all day.

I agree but it can become a slippery slope if agents start using these type of solicitations to get in front of actual MA prospects..The AEP/OEP terminology used in the pitch made me automatically think of MA/PDP solicitation.

 

[Philip Russell]

these people are setting up meetings for MA and selling sups where applicable. this is what you they should be doing lol

 

[policywunk]

these people are setting up meetings for MA and selling sups where applicable. this is what you they should be doing lol

Well then they will have alot of splaining to do if they ever get a complaint from one of these MA enrollments and they are asked by CMS or the carrier " how did you make initial contact with member? "

 

[Philip Russell]

Well then they will have alot of splaining to do if they ever get a complaint from one of these MA enrollments and they are asked by CMS or the carrier " how did you make initial contact with member? "

if they call in to schedule an appointment after you speak to them or they call back to enroll is fine.

 

[myinsurebiz]

Mom got a call yesterday from a U.S. based TM (we think) they led with ' now that AEP is almost over & OEP has not started, we'd like to take advantage of the down time between and give you a free insurance consultation '
Legal ? They said insurance consultation, no mention of CMS or Medicare,,,,

No many consumers know what that means anyway . . .

 

[myinsurebiz]

if they call in to schedule an appointment after you speak to them or they call back to enroll is fine.

I don't think so . . .

 

[Philip Russell]

I don't think so . . .

Our agents market T65s btw. that being said, if a beneficiary wants to talk about other types of insurance, you can mention it, but not go into specific details. as long as they call back to go over those other products and you have your proper compliance in place (SCOPE SCOPE SCOPE etc...) you're fine. fully within the bounds of being compliant.

 

[Chazm]

Our agents market T65s btw. that being said, if a beneficiary wants to talk about other types of insurance, you can mention it, but not go into specific details. as long as they call back to go over those other products and you have your proper compliance in place (SCOPE SCOPE SCOPE etc...) you're fine. fully within the bounds of being compliant.

You can’t cold call and have a MAPD sale come out of it, LEGALLY. Can an agent do it? Sure. But when they answer the question on the SOA, what do they put when it ask how the sale oringiated?I’m assuming they’re lying because it can’t originate from a cold call.