Continuous CMS and DNC Violations

[Bob L]

Today I got yet another in a series of telemarketing calls for MAPD plans. We've been on the DNC list for years, which I am aware only stops honest telemarketers. The lady sounded like she might be a Filipino or some such. The spoofed caller ID purportedly was from Kentucky(!).

Normally I hang up but this time I was driving to a 140-mile-away appointment and had some time to kill. I allowed her to do a warm transfer to an agent. He introduced himself and I asked for his name and phone number in case we got cut off, and he provided both, saying he worked for "Senior Solutions." A brief internet search indicates the name and phone number are a real person in Greenville IN.

There was no disclaimer given nor was there anything about the call being recorded. After he began his spiel, I informed him that I am a Medicare plan broker myself and did not appreciate the numerous violations of law and CMS regs. Then I hung up on him.

I'm not really planning on reporting this guy, but my question for the forum is this: How do these people keep their licenses after repeatedly ignoring a slew of laws and regulations on unsolicited contacts? Does the excuse "I didn't place the call -- the unsolicited contact was merely transferred to me" really stand up with CMS? A better question -- do they care?

When I go through Nashville and single-occupied cars zip by during prohibited hours in the HOV-only lane, I often feel like a dope for abiding by the law. I feel the same way when I follow the CMS rules and these guys skirt the regs with apparently no consequences.

Y'all's thoughts are most welcome and appreciated.

 

[ValeRosso]

Looking back on my previous FMO...there were so many violations that I had no idea about at the time...they just didn’t care. They had us cold calling 500 numbers a day for medicare. One of the top guys there had only one complaint from a member, but it had nothing to do with DNC list or anything call related.

I think the amount of people actually following though with a complaint to the necessary agencies is slim to none. Top that with the number of people who dont even know they have the ability to report these people...they probably just do what they can do on their end (spam blockers, blocking the number who called, etc) and no longer bother with it. And top that off with the call spoofing and fake names...even if someone is reported, who even knows the real company and agent name? Just my guess.

 

[LostDollar]

I allowed her to do a warm transfer to an agent.

(Caveat, not an agent)

At that point you are a "consumer approved" inbound call to the agent.

Sometimes I will attempt to see how many things I can say without using the word "yes". That doesn't go very long because I am not very creative.

The problem is with the callers, not the agents (unless you want to say that agents should never buy that type of lead, whatever that type of lead is).

I had a call the other day that started as a Medicare related call, but as soon as I told the caller I didn't know Medicare didn't cover a death benefit, she switched to what I suspect was an FE related approach and wanted to transfer me to an agent for that.

 

[somarco]

How do these people keep their licenses after repeatedly ignoring a slew of laws and regulations

Same way folks keep and renew their DL after running stop signs, speeding, driving under the influence, etc.

Until they get caught and are punished, they feel entitled to repeat their behavior.

 

[sshafran]

Normally I hang up but this time I was driving to a 140-mile-away appointment and had some time to kill.

I'm not trying to be disrespectful but they had better be writing you a personal check for $10,000+ if you are driving 140 miles to see them. Do they not have a phone or internet or mail? 140 miles is soo far - again, unless it's a massive, massive commission contingent on a f2f meeting.

Anway, I hope it worked out well. Sometimes it does!

 

[Newby]

CMS could shut those illegal calls down in one month if they really wanted to.
The fact that they don’t is the answer to your question.

 

[somarco]

Why is it you never hear of TM agencies heavily promoting (and exaggerating) the benefits of Medigap?

 

[Midlevel]

Why is it you never hear of TM agencies heavily promoting (and exaggerating) the benefits of Medigap?

To be fair, they don’t have much in the way of benefits to promote.

 

[LostDollar]

To be fair, they don’t have much in the way of benefits to promote.

Low deductible
Nice network repricing
National provider network
Most of the time, works seamlessly with Original Medicare
Limits the out of pocket risk of Original Medicare

 

[Midlevel]

Low deductible
Nice network repricing
National provider network
Most of the time, works seamlessly with Original Medicare
Limits the out of pocket risk of Original Medicare

Are you an agent?