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Which calls do I have to record?

Marketing and sales calls handled by a TPMO — including the audio portion of web-based calls — must be recorded and kept in full for six years. This applies specifically as part of MA plans' and Part D sponsors' oversight of TPMOs.

What the rule says

“All marketing and sales calls, including the audio portion of calls conducted via web-based technology, must be recorded and retained in their entirety for a minimum period of 6 years.”
42 CFR § 422.2274(g)(2)(ii) / § 423.2274(g)(2)(ii)
“For the first 3 years of the retention period, records must be maintained in audio format.”
42 CFR § 422.2274(g)(2)(ii) / § 423.2274(g)(2)(ii)
“For years 4, 5, and 6, records may be maintained in either audio format or as complete and accurate transcript recordings.”
42 CFR § 422.2274(g)(2)(ii) / § 423.2274(g)(2)(ii)

This requirement is imposed through contracts and written arrangements between the TPMO and the plan (or the plan's FDR):

“Contracts, written arrangements, and agreements between the TPMO and an MA plan, or between the TPMO and an MA plan's FDR, must ensure the TPMO:”
42 CFR § 422.2274(g)(2)

The excerpt does not address recording requirements for calls made directly by an MA plan or Part D sponsor (as opposed to a TPMO), so I can't say whether the same recording duty applies outside the TPMO context based on what's provided.

Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.

This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.

Sources cited

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