Understanding the Current FCC and CMS Consent Rules

Updated: July 2025

As part of our compliance commitment, AHCP is providing this summary of current federal regulatory requirements impacting how health insurance agents may collect, use, and manage consumer consent for marketing outreach.

FCC Consent Revocation Rule

Effective Date: April 11, 2025

Under the revised Telephone Consumer Protection Act (TCPA) rules, consumers now have enhanced rights to revoke consent at any time and in any reasonable manner. Key points:

• Revocation may be made by any reasonable means, including saying “stop,” replying to a text, or using an unsubscribe link.
• You must honor revocation requests within 10 business days.
• A one-time clarification message may be sent within 5 minutes of an ambiguous opt-out request but cannot contain marketing content.
• A revocation request applies across all communication channels and affiliated businesses, unless the consumer explicitly limits it.

Agent Tips:

• Do not require a specific opt-out method.
• Immediately update CRM systems upon receiving a revocation.
• Do not re-contact a consumer unless clear re-consent is obtained.

FCC “One-to-One” Consent Rule – Vacated

Original Effective Date (Vacated): January 27, 2025

The FCC had proposed a rule requiring individual “one-to-one” consent for each seller when contacting consumers via robocalls or text messages. However, this rule was vacated by the Eleventh Circuit Court of Appeals and is not in effect.

Agents may continue to rely on consent obtained through lead generators, provided that:

• The consent is prior, express, and written (electronic or signed); and
• The consumer clearly agreed to be contacted by your organization.

Continue to ensure that your lead vendors are following proper TCPA consent collection procedures.

CMS “One-to-One” Consent for Medicare Leads

Effective Date: October 1, 2024
Applies to: Medicare Advantage (MA, MAPD), Part D (PDP), and Medicare Supplement (Medigap)

CMS requires agents to obtain explicit, individual consent for each carrier or plan type before initiating any marketing contact with a Medicare beneficiary. Generic or bulk leads are not valid unless they specify:

• The consumer’s permission to be contacted
• The specific product type or carrier
• The agent or agency initiating contact

Examples:

• “Yes, I want a quote from Agent Smith for Humana MAPD” — Valid
• “I want Medicare info” — Not valid for direct contact

Agent Responsibilities:

• Use only leads that specify the agent and product type.
• Maintain documentation of consent (e.g., voice recording, webform timestamp).
• Do not initiate Medicare marketing contact unless consent criteria are met.
• Remember: Before meeting or presenting plan information, you must have a completed Scope of Appointment that outlines what will be discussed.

Best Practices for All Outreach

• Do not rely on implied consent or vague webform language.
• Always maintain audit-ready records of consent and revocation.
• AHCP reserves the right to review and enforce compliance at any time.

For questions or assistance, contact cocontracting@ahcpsales.com.