SMS is the fastest channel you have during AEP. It is also the fastest way to draw a TCPA lawsuit, a CMS complaint, or a carrier termination if you do it wrong. Here are the rules that keep you fast AND compliant.
When you text a Medicare prospect or client, three separate rulebooks apply at the same time. Break any one and you have a problem. Break all three and the problem gets expensive quickly.
Federal law. Requires prior express written consent for marketing texts. $500 to $1,500 per text in damages.
No unsolicited contact about MA or PDP plans. SOA rules apply before any plan discussion, text or otherwise.
US carriers require registration of the brand and campaign for every A2P SMS sender. Unregistered traffic gets filtered.
| Scenario | Can You Text? |
|---|---|
| Existing client, opted in at enrollment | Yes, for service and renewal communications |
| Web form with SMS checkbox and disclosure language | Yes, for the scope described in the disclosure |
| Business card dropped at an event | No, not by itself. Need documented opt in. |
| Purchased lead list | Only if the list vendor can document express written consent for each contact |
| Referral from a current client | No, the referrer's consent does not transfer |
| Client replied STOP previously | No, ever. Treat opt outs as permanent. |
Appointment confirmations, reschedule links, SOA links, and carrier ID card arrival confirmations.
"AEP starts Oct 15" reminders without specific plan pitches. Keep it generic and informational.
Federal rule: no texts before 8am or after 9pm local to the recipient. Many states stricter. Default to 9am to 8pm.
We build Medicare CRMs with 10DLC registration, consent capture forms, quiet hours enforcement, and STOP handling baked in. No surprises, no lawsuits.