Sales Calls’ Limitations Can Be Contingent on the Product Being Sold

Commentary

The Center for Medicaid and Medicare Services (CMS) has issued a final rule revising its standards for marketing medical equipment to Medicare recipients via telephone.  77 Fed. Reg. 14989 (March 14, 2012).  The regulations ban direct telephone contact by suppliers of covered devices to Medicare beneficiaries without express consent or the past receipt of an item within 15 months of the date of the call.

Comment:  When considering the legality of a campaign, you need to review both general restrictions applicable to all calling, as well as specific restrictions applicable to the thing you are selling. Medicare is an example, and other products with specific regulations at the state or federal level include telecommunications services, credit cards, and mortgages.

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Telemarketing Connections Newsletter April/May 2012