FTC Sends Warning Letters to 25 Healthcare Plan Marketers and Lead Generators During Open Enrollment

The bottom line: the FTC is telling healthcare lead generators, in writing, that it is watching how they describe plans to consumers.

Here is what happened

According to the FTC, the letters went to companies that market or advertise Affordable Care Act (ACA) Marketplace health insurance or other healthcare products. The release names two examples of those other products: limited indemnity plans and medical discount programs.

The letters put the recipients on notice about deceptive or unfair claims that likely violate laws the Commission enforces. They encourage each company to conduct a thorough review of its advertisements to make sure they comply with applicable laws and rules. They also note that the FTC is closely monitoring this marketplace for unlawful conduct that is harming consumers.

One point deserves emphasis. The FTC states that the letters do not allege any wrongdoing by any of the recipients. A warning letter is not a complaint, a finding or a penalty. The FTC also did not name the 25 recipients in its release.

The claims the FTC is focused on

Based on information collected by FTC staff and the agency's enforcement experience, the release lists the types of claims that may violate the law:

• Misrepresenting the benefits or limitations of a healthcare plan, including any insurance benefits.
• Misrepresenting that a healthcare plan is major or comprehensive medical health insurance, or the equivalent of such insurance, when it is not.
• Misrepresenting the costs of a healthcare plan.
• Falsely claiming that consumers who enroll will receive free offers, cash rewards, rebates or other incentives.

The letters also point to prior FTC actions against marketers and lead generators in this market. Those examples include Top Healthcare Options Insurance Agency, Innovative Partners, Assurance IQ and MediaAlpha, Simple Health Plans, Consumer Health Benefits, Benefytt Technologies and Partners in Healthcare.

Christopher Mufarrige, Director of the FTC's Bureau of Consumer Protection, said: "Today's letters remind companies that open enrollment is not an invitation to misrepresent what their plans actually cover." He added that the FTC "will not hesitate to hold accountable companies that unlawfully market or advertise healthcare plans to consumers."

Here is why it matters

Health insurance is one of the most heavily marketed verticals in lead generation, and much of that marketing happens by phone and text. A consumer fills out a form, the lead is sold, and a call center follows up. Every step in that chain carries a script, an ad or a promise.

The FTC's letters focus on the content of those promises. That is a different risk from the consent and calling rules under the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR). A campaign can have clean consent and still create exposure if the pitch overstates what a limited indemnity plan or a discount program covers.

The list of prior cases is also worth reading closely. It includes both sellers of plans and lead generators. The FTC is signaling that it views the companies that generate and sell leads as part of the same market as the companies that sell the plans.

Finally, timing matters. Open enrollment is when ad spend, lead volume and call volume all peak. The FTC chose that moment to send its message, and it says more letters are coming.

What this means for you

If you market healthcare plans, buy or sell health insurance leads, or run calls for a company that does, consider these steps now:

1. Review every ad, landing page and call script against the four claim categories the FTC listed.
2. Make sure nothing describes a limited indemnity plan or a medical discount program as comprehensive health insurance.
3. Confirm that cost figures in your marketing match what consumers will actually pay.
4. Remove any promise of free offers, cash rewards or rebates unless the consumer will actually receive them on the stated terms.
5. Put your lead vendors and call centers under written obligations on marketing claims, and spot check what they say.
6. Make sure your TCPA and TSR consent records are in order as well. Content compliance does not replace calling compliance.

A warning letter is the least expensive way to learn what the FTC expects. The prior cases listed in these letters show what the alternative looks like.

Source: Federal Trade Commission, FTC Staff Warn Marketers of Healthcare Plans and Lead Generators Not to Deceive Consumers about the Terms of the Advertised Plans (Oct. 29, 2026).