FCC Outbound Call Issues

I have had several agents think that as long as they are calling on behalf of selling Medicare Supplements that this is compliant call activity. There is also a feeling of helplessness as these “violators” are spoofing numbers and the public thinks there is no way to trace, so why bother complaining. However, there is something we need to do to educate the public.

Here is my suggested plan of action that I have already started personally:

Educate the public about having their number on the Do Not Call registry. Once it is, any telemarketing call is an FCC violation punishable by up to a $10,000 fine per instance. Yes, there are ways to spoof a phone number so you think you are talking to a given entity when really you are talking to someone completely different. There are known issues with calls from SummaCare and Humana in Ohio where the beneficiary thinks they are talking to the carrier and are really talking to someone switching their plan. The carrier has no record of their sales departments making these calls and the numbers are NOT registered to the carrier.

This is also an FCC violation and should have a complaint filed. If the beneficiary is receiving calls before 8 am or after 9 pm, this is also an FCC violation. To file the complaint, the beneficiary can complete the form and fax/mail it in, or use the FCC complaint form.

The FCC has a data center that captures and makes these complaints public. We can then track the complaints quantitatively and have better information when we talk with CMS and legislature about next-step requests surrounding marketing practices.

CMS has openly stated that they cannot split out the call centers and the individual agent. They have also stated that tracking outbound calls must start at the FCC. So let’s show CMS and the DOIs that we want to get these calls to stop just as much as they do, and we will help educate both the agents and the public. We must stop being viewed negatively by CMS, and I think this is one way where we all stand to benefit.

To complete the form online, here are the steps:

1. Submit a request at the FCC complaint form for EACH different number that calls inappropriately.
2. Enter your email, name, and a very short description (3–5 sentences; more detail can be added later). Select “Unwanted Calls/Messages (including do not call and spoofing).”
3. Select “All Other Unwanted Calls” as the Sub Issue.
4. Answer “Yes” to whether the call advertised any type of property, goods, or services. If the call came into a home phone, the “Phone Method” is Wired; a cellphone is Wireless. Most beneficiaries do not have a VOIP system.
5. Select “Residential” for “Phone Type/Location.”
6. Enter the beneficiary’s phone number that received the call.
7. Answer whether this number is listed on the Do Not Call Registry.
8. Enter the date of the call.
9. Enter the time of the call.
10. Select whether it was a “Live call, Prerecorded call, or Text” for Type of Call or Message.
11. Answer whether anyone gave permission to contact.
12. Answer whether you received Caller ID information; if yes, what was the Caller ID Number and Name.
13. Note whether the caller’s business name was provided during the call, and if so, what name was given and whether it came at the beginning.
14. Provide the phone number that called.
15. Provide details and additional information about what happened on the call. You can attach pictures and documents if needed.
16. Enter your contact information and attest that the complaint information is true and correct.

Part of being a resource in your community is providing solutions to the issues that are a burden for them.