Medicare says it will never call you to sell you anything. Federal rules also bar Medicare Advantage plans from cold calling, robocalling or texting people who have not asked to be contacted. A prerecorded Medicare sales call to your cell phone without written consent can also violate the TCPA, worth $500 to $1,500 per call.
What these calls sound like
People describe a few common versions:
- A recording says you may qualify for “extra benefits,” a grocery allowance or a lower premium, and to press 1 to speak with a “licensed agent.”
- A caller says you need a new Medicare card and asks you to confirm your Medicare or Social Security number.
- A live agent says they are “calling from Medicare” or “your benefits office” and wants to review your plan.
The first type is a sales pitch, usually for Medicare Advantage or supplement plans. The second and third are warning signs of fraud.
What Medicare itself says
Medicare’s own fraud guidance is direct: “Medicare will never call you to sell you anything or visit you at your home.” It says Medicare, or someone representing Medicare, will call and ask for personal information only in limited situations, such as an agent returning your call after you joined a plan, reported fraud, or left a message. Medicare also advises not to join a health or drug plan over the phone unless you called and asked for help. Suspected fraud can be reported at 1-800-MEDICARE (1-800-633-4227).
The CMS rule that bans cold calls by plans
Federal regulations for Medicare Advantage plans go further than most sales rules. Under 42 C.F.R. 422.2264, plans may not make unsolicited direct contact by “telephone solicitation (that is, cold calling), robocalls, text messages, or voicemail,” by door-to-door visits, or by direct messages on social media. Plans may:
- call their own current enrollees about Medicare products;
- return your calls, or call you after you send a business reply card; and
- call when you give consent or start the contact yourself.
When you agree to a sales appointment, that permission lasts 12 months from your signature or request. This CMS rule is enforced by the government, not by private lawsuits. But it shows that an unsolicited Advantage plan robocall breaks the plan-side rules too.
How the TCPA applies
For a private claim, the TCPA is the tool:
- Recorded or AI voice sales call to your cell phone: needs prior express written consent (47 C.F.R. 64.1200(a)(2)). The FCC confirmed in February 2024 that AI-generated voices count as “artificial” voices.
- Recorded sales call to your home landline: also needs written consent (64.1200(a)(3)).
- Number on the Do Not Call Registry: more than one sales call in 12 months from or for the same company is actionable under 47 U.S.C. 227(c)(5).
Damages are $500 per violation, and up to $1,500 if a court finds the violation willful or knowing.
The common defense is “you filled out a form.” Many Medicare leads come from websites offering quotes or benefit checks. If you never visited such a site, or the form did not clearly authorize that company to robocall you, the consent defense may fail. See what written consent must include.
A real case involving Medicare-related calls
In Samson v. UnitedHealthcare Services, Inc. (W.D. Wash., No. 2:19-cv-00175), the plaintiff alleged UnitedHealthcare placed prerecorded calls to cell phones of people who were not its members and had not authorized the calls. The settlement class covered about 12,014 people who received such calls between January 9, 2015 and January 9, 2019 from teams including its Medicare and Retirement retention and collections teams. UnitedHealthcare agreed to a $2.5 million settlement without admitting wrongdoing, with estimated payments of $350 to $1,000 per person. The claim deadline was April 15, 2025, and the final approval hearing was set for June 20, 2025.
Phone pitches can also misstate what a plan covers. Our health insurance robocalls page covers FTC cases against telemarketers that sold limited plans as full coverage.
When a Medicare call is probably legal
- Your current plan calls you about your coverage or renewal.
- An agent calls back after you requested information, within the 12-month appointment window, and you have not told them to stop.
- Your doctor’s office calls with an appointment reminder. Health care messages have their own narrow rules.
How to protect yourself and build a record
- Never give your Medicare number to someone who called you. Hang up and call 1-800-MEDICARE if you are unsure.
- Save recorded messages and note the plan or agency the caller named.
- Ask the agent for their name, their agency and the plan they are selling, and where they got your number.
- Say “do not call me again” and note the date.
- Keep a call log. Our evidence log helps you count calls per company.
What to do next about Medicare sales calls
Report suspected fraud to Medicare first. Then, if a named agency or plan keeps robocalling, gather the recordings and dates and ask for a free case review. A lawyer can check whether the calls broke the TCPA’s consent rules and whether the plan that benefited is responsible for its marketer. If the calls came in outside 8 a.m. to 9 p.m., note that too; our calling hours rules explain why it matters.
Frequently asked questions
Does Medicare call you on the phone?
Medicare says it will never call you to sell you anything. It calls only in limited situations, such as returning your call or following up after you reported fraud or left a message.
Can Medicare Advantage plans cold call me?
No. Under 42 C.F.R. 422.2264, plans may not make unsolicited contact by cold calls, robocalls, texts or voicemail. They can call current members, return your call, or call when you have consented.
Can I sue over Medicare robocalls?
Yes, if the calls used a recorded or AI voice without your written consent, or broke Do Not Call rules, and you can identify the company. The TCPA allows $500 to $1,500 per call.
How do I stop Medicare robocalls?
Register your number at donotcall.gov, tell each caller not to call again, and report suspected fraud to 1-800-MEDICARE. Keep a log in case the calls continue.