Explain to me how this is compliant:

[yorkriver1]

phone call from my area code:
1. EVONIK appeared on the screen
2. number said to be from Hopewell, Virginia
3. very insistent AI voice states: "did you know Medicare now has a way to get faster access to your doctors?
4. then it goes on to say: Do you have Medicare A and B?
I start talking to it, and it keeps saying random things like: I must adjust my microphone:
Then asks the A and B question again and again, until I say--into the AI abyss--I am not going to answer that, and hang up.
OK, now friends, what possible thing would this call be intended to do?
Frankly it has been my experience that my less generally sophisticated clients, about 4-6 of them so far have wound up unknowingly enrolled in a Medicare Advantage plan.
Who is behind these robocalls? Call centers? somehow justified leads. But how does a so called legal lead sale wind up with the enrolled person having no idea they just enrolled?
These are the questions I come to you for.

 

[Todd King]

Changes to Telephone and Text Message Marketing​

Effective July 1, 2025, Virginia's General Assembly has amended the Virginia Telephone Privacy Protection Act through Senate Bill 1339 (SB 1339). This law impacts agents' telephone and text message marketing across the state. Definition of "Telephone Solicitation Call" A "telephone solicitation call" now includes: Any phone call made or initiated to: A natural person's residence in Virginia Any landline or wireless phone with a Virginia area code Any landline or wireless phone registered to a Virginia resident Any text message sent to: A wireless number with a Virginia area code A wireless number registered to a Virginia resident If the purpose is to: Offer or advertise any property, goods, services, lease, license, investment, or credit Engage in any fraudulent activity, including the use of false or misleading caller ID Key Compliance Updates Under SB 1339 Text messages now qualify as "telephone solicitation calls" and are fully regulated. For marketing purposes, you must obtain prior written consent before calling or texting. No more than three contacts per 24 hours are allowed for the same topic. No solicitation before 8:00 AM or after 9:00 PM, local time. Opt-Out Requirements If a consumer no longer wishes to be contacted: They can verbally state that they want no further solicitation for phone calls. For text messages, they can reply with "UNSUBSCRIBE" or "STOP." You must honor all opt-out requests for a minimum of 10 years. Applies whether contact is made directly or on behalf of another party. Penalties for Non-Compliance Civil penalties up to $500 per violation, and $1,500 per willful violation Consumers may pursue private legal action What You Need to Do Now Review and update your scripts, dialing platforms, and texting systems. Ensure all contacts have prior express written consent. Limit daily outreach attempts and monitor communication hours. Maintain and honor an internal Do Not Call list for 10 years. Monitor and record all opt-out requests (verbal or text-based). For more information, refer to Senate Bill 1339 (SB 1339)​

 

[LostDollar]

phone call from my area code:
1. EVONIK appeared on the screen
2. number said to be from Hopewell, Virginia
3. very insistent AI voice states: "did you know Medicare now has a way to get faster access to your doctors?
4. then it goes on to say: Do you have Medicare A and B?
I start talking to it, and it keeps saying random things like: I must adjust my microphone:
Then asks the A and B question again and again, until I say--into the AI abyss--I am not going to answer that, and hang up.
OK, now friends, what possible thing would this call be intended to do?
Frankly it has been my experience that my less generally sophisticated clients, about 4-6 of them so far have wound up unknowingly enrolled in a Medicare Advantage plan.
Who is behind these robocalls? Call centers? somehow justified leads. But how does a so called legal lead sale wind up with the enrolled person having no idea they just enrolled?
These are the questions I come to you for.

No different than the calls that have been being made before. Same people or organizations behind them. Purpose is to prequalify you as a legitimate Medicare product prospect and get a yes from you so you can be a "legitimate" inbound call for an agent to take.

Modern dialing software for cold callers must be increasing the volume of numbers called on a daily basis, increasing the number of spoofed numbers used. That is the explanation I have for the increasing number of "real" personal or business phone names that pop up on marketing calls I get.

You can now feel bad for all the soon to be unemployed overseas telephone callers who took the jobs away from the American telephone callers.

(Oh, for my agent monitor, I am not an agent.)

 

[DonP]

Changes to Telephone and Text Message Marketing​

Effective July 1, 2025, Virginia's General Assembly has amended the Virginia Telephone Privacy Protection Act through Senate Bill 1339 (SB 1339). This law impacts agents' telephone and text message marketing across the state. Definition of "Telephone Solicitation Call" A "telephone solicitation call" now includes: Any phone call made or initiated to: A natural person's residence in Virginia Any landline or wireless phone with a Virginia area code Any landline or wireless phone registered to a Virginia resident Any text message sent to: A wireless number with a Virginia area code A wireless number registered to a Virginia resident If the purpose is to: Offer or advertise any property, goods, services, lease, license, investment, or credit Engage in any fraudulent activity, including the use of false or misleading caller ID Key Compliance Updates Under SB 1339 Text messages now qualify as "telephone solicitation calls" and are fully regulated. For marketing purposes, you must obtain prior written consent before calling or texting. No more than three contacts per 24 hours are allowed for the same topic. No solicitation before 8:00 AM or after 9:00 PM, local time. Opt-Out Requirements If a consumer no longer wishes to be contacted: They can verbally state that they want no further solicitation for phone calls. For text messages, they can reply with "UNSUBSCRIBE" or "STOP." You must honor all opt-out requests for a minimum of 10 years. Applies whether contact is made directly or on behalf of another party. Penalties for Non-Compliance Civil penalties up to $500 per violation, and $1,500 per willful violation Consumers may pursue private legal action What You Need to Do Now Review and update your scripts, dialing platforms, and texting systems. Ensure all contacts have prior express written consent. Limit daily outreach attempts and monitor communication hours. Maintain and honor an internal Do Not Call list for 10 years. Monitor and record all opt-out requests (verbal or text-based). For more information, refer to Senate Bill 1339 (SB 1339)​

How does that affect direct mail that someone filled out and put there # on ? No direct mail has opt out disclosures

 

[MedicareWAA]

(Oh, for my agent monitor, I am not an agent.)

Your posts are usually vapid. This one was decent.

 

[Medicare bro]

Changes to Telephone and Text Message Marketing​

Effective July 1, 2025, Virginia's General Assembly has amended the Virginia Telephone Privacy Protection Act through Senate Bill 1339 (SB 1339). This law impacts agents' telephone and text message marketing across the state. Definition of "Telephone Solicitation Call" A "telephone solicitation call" now includes: Any phone call made or initiated to: A natural person's residence in Virginia Any landline or wireless phone with a Virginia area code Any landline or wireless phone registered to a Virginia resident Any text message sent to: A wireless number with a Virginia area code A wireless number registered to a Virginia resident If the purpose is to: Offer or advertise any property, goods, services, lease, license, investment, or credit Engage in any fraudulent activity, including the use of false or misleading caller ID Key Compliance Updates Under SB 1339 Text messages now qualify as "telephone solicitation calls" and are fully regulated. For marketing purposes, you must obtain prior written consent before calling or texting. No more than three contacts per 24 hours are allowed for the same topic. No solicitation before 8:00 AM or after 9:00 PM, local time. Opt-Out Requirements If a consumer no longer wishes to be contacted: They can verbally state that they want no further solicitation for phone calls. For text messages, they can reply with "UNSUBSCRIBE" or "STOP." You must honor all opt-out requests for a minimum of 10 years. Applies whether contact is made directly or on behalf of another party. Penalties for Non-Compliance Civil penalties up to $500 per violation, and $1,500 per willful violation Consumers may pursue private legal action What You Need to Do Now Review and update your scripts, dialing platforms, and texting systems. Ensure all contacts have prior express written consent. Limit daily outreach attempts and monitor communication hours. Maintain and honor an internal Do Not Call list for 10 years. Monitor and record all opt-out requests (verbal or text-based). For more information, refer to Senate Bill 1339 (SB 1339)​

Sweet! Another law 98% of all sales people willl ignore.

 

[annon123]

Sweet! Another law 98% of all sales people willl ignore.

Well if you are on the no call list too you can go after them and get, I think it is, $1000 a telemarketing call you aren't supposed to get. Not sure if the VA will include "punishment" to the company (eg owe the person called money) but if they asked to be taken off the spam list and then they call again it would qualify under the federal law.

Of course likely few people actually follow though and get enough information to file. Likely most will hang up or cuss the caller out. I want a bunch of calls so I can be rich. OK?

 

[Todd King]

How does that affect direct mail that someone filled out and put there # on ? No direct mail has opt out disclosures

To my understanding, filling out a DM card and sending it back in is giving permission to contact. Always has.

 

[Tahoe Ray]

To my understanding, filling out a DM card and sending it back in is giving permission to contact. Always has.

Yep. You're also limited to 90 days:

§ 310.4(b)(1)(iii)(B)(i):


It is a violation to initiate an outbound telephone call to a person whose number is on the National Do Not Call Registry unless:


"(B)(i) The seller has obtained the express agreement, in writing, of such person to place calls to that person. Such written agreement must clearly evidence such person's authorization that calls may be placed to that person by or on behalf of the seller and must include the telephone number to which the calls may be placed and the signature of that person."

That said, the card doesn't need an opt out but should have some language that they will be called.

"By providing your phone number and returning this card, you are giving Todd King permission to contact you by phone even if your number is on a state or federal Do Not Call list. This consent is not a condition of purchase."

 

[DonP]

Yep. You're also limited to 90 days:

§ 310.4(b)(1)(iii)(B)(i):


It is a violation to initiate an outbound telephone call to a person whose number is on the National Do Not Call Registry unless:


"(B)(i) The seller has obtained the express agreement, in writing, of such person to place calls to that person. Such written agreement must clearly evidence such person's authorization that calls may be placed to that person by or on behalf of the seller and must include the telephone number to which the calls may be placed and the signature of that person."

That said, the card doesn't need an opt out but should have some language that they will be called.

"By providing your phone number and returning this card, you are giving Todd King permission to contact you by phone even if your number is on a state or federal Do Not Call list. This consent is not a condition of purchase."

No direct mail piece I've ever seen has that type disclosure