It’s been a crazy few weeks here in TCPAWorld.

The LMB case. Multiple conferences. Just a lot going on.

But, like time, TCPAWorld marches on and the CMS rules wait for no man/woman.

That’s right, the CMS rules related to data sharing with third party marketing organizations (TPMOs) went into effect on October 1, 2024.

A few reminders about the new CMS rule:

1. Consent from a beneficiary has to be on a one-to-one TPMO level and the disclosure must be clear and conspicuous.

CMS wants beneficiaries to understand (a) where their data is going, (b) what the beneficiary is consenting to be contacted about, and (c) who will be contacting them.

2. The CMS consent rule is broader than the TCPA consent rule

CMS applies to every situation where a TPMO is sharing personal beneficiary data with another TPMO who will contact the beneficiary including if the second TPMO is manually dialing calls

3. The CMS default position for gathering consent is stronger than the TCPA’s default position.

From the CMS’s commentary: “TPMOs should use a consent method where the default selection is that the beneficiary chooses to not share their data; there should be an affirmative action by the beneficiary to acknowledge that sharing their data with another TPMO is permitted.”

4. TPMOs may not share any personal beneficiary data with a TPMO that is a different legal entity without the beneficiary’s prior express written consent.

This includes situations where two independent agents cannot share information even if they are affiliated with the same marketing organization.

The rule is summed up fairly succinctly by CMS: “Simply put, TPMOs must have prior express written consent to share a beneficiary’s personal data on or after October 1, 2024”.

So, here we are.

If you have any questions, don’t hesitate to reach out.

And be careful. TCPAWorld doesn’t seem to be slowing down anytime soon.