Outbound Dialing Compliance Acknowledgment and Disclaimer
Effective as of 30 March 2026 · Last updated: 30 March 2026
This Outbound Dialing Compliance Acknowledgment and Disclaimer governs the use of Benefit Path's outbound calling and dialing features by licensed insurance agents and brokers ("Agents") who access our platform. By using any outbound dialing functionality provided through Benefit Path, you acknowledge that you have read, understood, and agree to comply with all applicable federal, state, and local laws and regulations governing outbound telephone communications.
Telephone Consumer Protection Act (TCPA)
Agents acknowledge and agree that all outbound calls made through or facilitated by the Benefit Path platform must comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations issued by the Federal Communications Commission (FCC). This includes, but is not limited to:
- Obtaining prior express written consent before placing calls or sending text messages to consumers using an automatic telephone dialing system (ATDS) or prerecorded voice.
- Honoring all do-not-call (DNC) requests promptly and maintaining an internal DNC list.
- Refraining from calling residential phone numbers before 8:00 a.m. or after 9:00 p.m. local time of the called party.
- Disclosing the caller's identity and the purpose of the call at the beginning of each communication.
National Do Not Call Registry
Agents are solely responsible for scrubbing their call lists against the National Do Not Call Registry maintained by the Federal Trade Commission (FTC) prior to initiating any outbound dialing campaign. Benefit Path does not automatically scrub numbers against the National DNC Registry on behalf of Agents. Failure to comply with DNC regulations may result in significant civil penalties under applicable law.
State Law Compliance
Many states have enacted telemarketing and outbound dialing laws that are stricter than federal requirements. Agents are solely responsible for identifying, understanding, and complying with the laws of each state in which they conduct outbound dialing activity. This may include, but is not limited to, state-specific DNC lists, consent requirements, calling hour restrictions, and mandatory disclosures.
Medicare Marketing Guidelines
Agents who use Benefit Path to market Medicare Advantage, Medicare Supplement, or Part D prescription drug plans must comply with all applicable Centers for Medicare & Medicaid Services (CMS) marketing guidelines and regulations, including the prohibition on unsolicited outbound calls to Medicare beneficiaries who have not provided prior express consent to be contacted. Agents must ensure that all outbound calls to Medicare beneficiaries are made in accordance with CMS requirements and any applicable carrier-specific marketing guidelines.
Agent Responsibility and Indemnification
Benefit Path provides outbound dialing tools as a technology platform only. Benefit Path does not place calls on behalf of Agents and is not responsible for the content, timing, or targeting of any calls made by Agents through the platform. Each Agent is solely responsible for ensuring that their use of outbound dialing features complies with all applicable laws and regulations.
By using Benefit Path's outbound dialing features, each Agent agrees to indemnify, defend, and hold harmless Benefit Path, its officers, directors, employees, and agents from and against any and all claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Agent's use of outbound dialing features, including any violation of the TCPA, FTC regulations, CMS guidelines, or any other applicable law or regulation.
Recording and Monitoring
Some states require all-party consent before recording a telephone conversation. Agents are solely responsible for complying with applicable call recording consent laws in the states where they conduct outbound dialing activity. Where call recording features are used, Agents must provide required disclosures to called parties at the start of each call.
No Legal Advice
Nothing contained in this Acknowledgment and Disclaimer constitutes legal advice. Agents are strongly encouraged to consult with qualified legal counsel regarding their specific compliance obligations before initiating any outbound dialing campaign.
Amendments
Benefit Path reserves the right to update or amend this Outbound Dialing Compliance Acknowledgment and Disclaimer at any time. Continued use of outbound dialing features following any such update constitutes acceptance of the revised terms.
Contact Us
If you have any questions regarding this Acknowledgment and Disclaimer or your compliance obligations, please contact us at: