CMS doesn’t warn you before it acts.

One complaint from a beneficiary. One unapproved flyer. One social post that bends a rule — and you’re facing a carrier investigation, a contract review, or worse.

CMS marketing violations aren’t always obvious. The agents who run into trouble aren’t usually trying to break the rules. They’re moving fast during AEP season and they skip a step they didn’t realize was required.

These are the three violations that show up most often before and during AEP. Know them. Fix them before October 15.

CMS regulates how Medicare Advantage and Part D plans are marketed to beneficiaries. The rules apply to carriers — but agents who market these plans on behalf of carriers are subject to the same standards.

That means your social posts, emails, flyers, event materials, and phone scripts all fall under CMS oversight. Materials that haven’t been reviewed and approved, claims that overstate benefits, and sales tactics that pressure beneficiaries can all trigger complaints.

The stakes are real. CMS violations can result in:

• Carrier contract termination
• Loss of appointment with specific plans
• State insurance department referrals
• Civil monetary penalties in serious cases

None of these outcomes require intent. A genuinely accidental compliance gap is still a compliance gap.

Here are the three that catch agents most often.

Violation #1: Missing or Incorrect TPMO Disclaimer

If you market Medicare Advantage or Part D plans as a third-party marketing organization (TPMO) — which includes most independent agents — CMS requires a specific disclaimer on all marketing materials.

The required disclaimer reads:

“We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.”

This disclaimer must appear on:

• Websites and landing pages that mention specific plans
• Email marketing
• Print materials (flyers, mailers, brochures)
• Social media posts that reference plan benefits
• Voicemail scripts and recorded calls

Where agents go wrong: They use an old template that predates the TPMO disclaimer requirement (which took full effect in 2023), forget it on a specific channel (a social post, a voicemail), or shorten it without authorization.

The fix: Create a master disclaimer file. Paste it at the bottom of every template before you use it. Build it into your email signature during AEP season. Audit every channel — email, social, print, website — before October 15.

If you’re using IAD’s pre-approved marketing materials, the disclaimer is already included. Don’t remove it or abbreviate it.

Violation #2: Marketing Medicare During a Scope of Appointment for a Different Product

Scope of Appointment (SOA) is a CMS requirement that protects beneficiaries from being sold products they didn’t ask about.

Before meeting with a Medicare beneficiary to discuss a specific product, you must obtain a signed SOA listing the products to be discussed. You can only present products that are included on the SOA.

Where agents go wrong: A client calls to discuss their Medicare Advantage plan. During the appointment, the agent also presents a hospital indemnity plan or a life insurance product — products not listed on the SOA.

Even if the client is receptive, this is a violation. The SOA must be signed before the appointment and must list every product category you plan to discuss.

The fix: Before every Medicare appointment, confirm what products you intend to cover. Make sure the SOA is signed and includes all of them. If a client brings up a topic you weren’t planning to discuss — say, final expense — stop and schedule a separate appointment, or have them sign a new SOA before continuing.

Track SOA completion in Bridge360. Every Medicare Advantage or Part D appointment needs a completed SOA on file. This is your audit trail if a complaint is ever filed.

Violation #3: Making Benefit Claims That Aren’t on the Plan’s Evidence of Coverage

This one is subtle — and it’s where a lot of well-intentioned agents cross a line.

CMS prohibits agents from claiming that a Medicare Advantage plan provides benefits that are not listed in the plan’s Evidence of Coverage (EOC) or approved marketing materials. This includes:

• Overstating dental, vision, or hearing benefits
• Describing flex card amounts or allowances inaccurately
• Claiming a network is broader than it is
• Describing a plan’s star rating without proper context
• Making comparisons to other carriers’ plans using non-CMS-approved language

Where agents go wrong: An agent creates a flyer or social post highlighting a plan’s strongest benefits — then exaggerates slightly to make the plan sound more competitive. Or they use last year’s benefit language without updating for plan changes.

Plans change every year. Benefits that were accurate in 2026 may not be accurate in 2027. Using outdated language — even unintentionally — is a violation.

The fix: Never create benefit-specific marketing materials from memory. Pull the current EOC or the carrier’s approved marketing materials for the plan year you’re selling. If you’re unsure whether a claim is accurate, don’t use it. Contact the carrier’s agent support line to verify before publishing.

Use IAD’s pre-approved materials. They’ve been reviewed against current plan documents. Custom materials require carrier approval before distribution.

Run through this checklist on every channel before AEP opens:

Email templates:

• [ ] TPMO disclaimer present and unedited
• [ ] Benefit claims sourced from current EOC (not last year’s)
• [ ] CAN-SPAM requirements met (from address, unsubscribe link, physical address)

Social media profiles and posts:

• [ ] TPMO disclaimer in bio or linked disclosure page
• [ ] No benefit claims without approved sourcing
• [ ] No urgency language that pressures beneficiaries (“Act now or lose coverage”)

Print materials (flyers, mailers, door hangers):

• [ ] TPMO disclaimer present
• [ ] Carrier and plan names accurate for plan year
• [ ] No unapproved carrier logos used without consent

Phone scripts and voicemails:

• [ ] TPMO disclaimer language included in call scripts
• [ ] SOA process built into appointment scheduling workflow

In-person events:

• [ ] Presentation reviewed against CMS guidelines
• [ ] No plan-specific marketing during a Scope of Appointment not listing that plan
• [ ] Attendee sign-in preserved for records

Use materials that have already been reviewed.

IAD’s Agent Portal includes pre-approved email templates, social content, and print materials for AEP. These are built to spec — TPMO disclaimers included, benefit claims vetted, CMS-compliant language throughout.

The fastest compliance strategy isn’t memorizing every CMS rule. It’s using approved materials as your default and checking with your carrier or IAD’s support team before you deviate.

IAD supports agents with compliance resources before and during AEP.

Next Step: Access IAD’s Agent Portal for pre-approved AEP materials or Contact IAD with compliance questions.

• IAD Agent Portal — Pre-approved AEP marketing materials, updated for current plan year
• CMS Medicare Marketing Guidelines (Official) — Full CMS marketing guidelines for agents and carriers