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Which calls do I have to record? Does that include calls where I’m only helping an existing client with a service issue?

Recorded-call requirements apply to marketing and sales calls handled through a TPMO relationship. The excerpts don't address whether a call limited to servicing an existing client's issue counts as a "marketing and sales call" that must be recorded.

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)

Separately, the excerpts describe "plan business" calls — such as calls with current enrollees to discuss Medicare products or enrollment — as a distinct category from marketing/sales calls, but they don't specify a recording obligation for that category:

“An MA organization may conduct the following activities as plan business:”
42 CFR § 422.2264(b)(1)
“Call current enrollees, including those in non-Medicare products, to discuss Medicare products.”
42 CFR § 422.2264(b)(1)(i)

The recording requirement text itself is tied to TPMO oversight and applies to "marketing and sales calls." The excerpts do not state whether a call that is purely a service issue for an existing client (with no marketing or sales component) falls within that category, and no passage defines "marketing and sales calls" further or addresses service-only calls specifically.

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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