Two Calls, One Medicare Pitch: Senior Healthcare Advisors Sued Under the TCPA's Do Not Call Rules

The bottom line: two calls are enough for a Do Not Call claim, and the agent's identity on the call can tie it to the seller.

What is alleged

As alleged in the complaint:

1. The plaintiff's cell phone is her personal residential number. She registered it on the Do Not Call Registry on August 21, 2021.
2. On June 11, 2025, she received a call and declined it.
3. She answered a second call on June 24, 2025. A caller asked about her age, whether she had insurance, and whether she had Medicare.
4. She was transferred to an agent who identified himself as an employee of Senior Healthcare Advisors and attempted to sell her medical insurance. The complaint asserts that Oregon insurance records show he is a licensed agent of the company.
5. The complaint alleges the calls were intended for someone else, and that she never gave consent or requested information.

These are allegations. The defendant has not yet been found liable.

The law

Under 47 U.S.C. § 227(c)(5) and 47 C.F.R. § 64.1200(c)(2), a residential subscriber whose number has been on the Do Not Call Registry for at least 31 days may sue a company that makes more than one telephone solicitation to that number within 12 months without consent. Damages are $500 per call, and up to $1,500 if willful or knowing.

The complaint also refers to the Federal Trade Commission's (FTC) Telemarketing Sales Rule, which prohibits telemarketers from calling numbers on the Registry.

Why it matters

The call structure here is common in Medicare marketing: a screener qualifies the consumer, then transfers to a licensed agent. The transfer creates evidence. Once the agent names the company, the plaintiff can identify who benefited from the call, even if someone else dialed.

What this means for you

1. Scrub every outbound list against the Do Not Call Registry at least every 31 days.
2. Require screeners and lead vendors to provide proof of consent before any call is transferred to your agents.
3. Do not accept transferred calls from consumers who never asked to hear from you.
4. Train your licensed agents to confirm consent at the beginning of a transferred call.
5. Treat cell phones used as personal lines as residential numbers.

The agent who picks up a transferred call is often the first person a plaintiff can name. Make sure that call is clean.