American Capital Health Non Payment Breach of Contract

[Robin Alexander]

want everyone to know that the NYC Insurance agency "American Capital Health" has committed a breach of contract. They have refused to remit my Medicare Advantage Empire BC/BS renewal commissions. To date they owe me approx $1,000. By the end of the year they will owe me $2,000. That may not sound like much but this is Medicare! Clients stay with their plans when they are good and in 10 years, my renewals will add up to approx $20,000! There are many other agents who were duped for a lot more commissions than I was and they have decided to just walk away for whatever reason or other. The contract was drawn between myself and American Capital Health. It was my first foray into Medicare sales and the owner, Joy DaCosta Fasciglione caught me unawares. It took approx 4 months for her to release my first payments after weeks and months of emails, calls, pleading, demanding. Then...it took months to receive a copy of the contract. (I asked for a copy when I was first appointed and she hemmed and hawed).
I've begged for help from Empire BC/BS, NYS Dept of Insurance, CMS, Attorney General's Office, Consumer's Reports, and various Radio and TV stations to no avail. Empire claims their hands are tied because the contract is between myself and the agency. The Better Business Bureau finally posted a complaint after many weeks. I have a date set in December, 2012 with NYC small claims court. I have my doubts as to whether she will even bother to show up. Perhaps she will, with more tricks up her sleeve.
Please everyone out there:
1) Spread the word to never sign with American Capital Health.
2) Let me know of any media organizations I can contact
3) Lend me any advice as to how to take best advantage of my "day in court" in December. I'm concerned that Joy DaCosta Fasciglione will attempt to try another "fast one" on me.

Thanks!
Robin

 

[Norwayguy]

Really you needed to post this twice?

 

[Guest]

I'm not understanding this post.
You ASKED for a contract and never got one so you sold their crap anyway?
Shame on you.

 

[Josh]

This is a civil matter and belongs in small claims court.

What are you basing your 10 years of renewals off of? The industry average is closer to 26 months.

Are they taking money out for leads or anything? Surely they're not just biting their thumb at you.


.

 

[Robin Alexander]

Really you needed to post this twice?

Please allow me a little slack here. I'm new to the Forum and it was not intentional. Do you have anything constructive to say? I am reaching out for help and this is an appropriate place to do it. I feel very fortunate and appreciative of the founders of this Forum in creating a place to help each other professionally.

Please everyone out there:
1) Spread the word to never sign with American Capital Health.
2) Let me know of any media organizations I can contact
3) Lend me any advice as to how to take best advantage of my "day in court" in December. I'm concerned that Joy DaCosta Fasciglione will attempt to try another "fast one" on me.

Thanks!
Robin
- - - - - - - - - - - - - - - - - -
I have a Small Claims Court date set. The court calendar here in Manhattan runs 10 months out. One of my requests is to ask for help in prepping for the presentation of my case.

The point is that I am not getting paid renewals that I have earned. It has been more than 18 months and I have spoken to all these clients. 100% plan on renewing for a third year. I am a relationship agent rather than a transactional one. My clients stick around.

It is the principal of the matter. No the agency is not holding money back for leads. I am posting also as a professional courtesy for all the new Medicare agents out there to be careful. This agency is constantly recruiting new "rookies" who become victims. The Medicare Industry is being flooded with new agents tranfering over from Major Medical as we all know.

I also highly reccommend checking the Better Businss Bureau site in your area before signing with an agency. The BBB was the only public forum I could find where it is easy to look up a business.

I'm not bemoaning the reality of what happened, what's done is done. I am looking for input as to my next steps and to open up a discussion to help anyone from falling into the same trap. Needless to say, contracts are full of landminds in this industry. We all need the knowledge and skill to navigate them successfully.

Thanks

This is a civil matter and belongs in small claims court.

What are you basing your 10 years of renewals off of? The industry average is closer to 26 months.

Are they taking money out for leads or anything? Surely they're not just biting their thumb at you.


.

 

[Norwayguy]

Please allow me a little slack here. I'm new to the Forum and it was not intentional. Do you have anything constructive to say? I am reaching out for help and this is an appropriate place to do it. I feel very fortunate and appreciative of the founders of this Forum in creating a place to help each other professionally.

Please everyone out there:
1) Spread the word to never sign with American Capital Health.
2) Let me know of any media organizations I can contact
3) Lend me any advice as to how to take best advantage of my "day in court" in December. I'm concerned that Joy DaCosta Fasciglione will attempt to try another "fast one" on me.

Thanks!
Robin
- - - - - - - - - - - - - - - - - -
I have a Small Claims Court date set. The court calendar here in Manhattan runs 10 months out. One of my requests is to ask for help in prepping for the presentation of my case.

The point is that I am not getting paid renewals that I have earned. It has been more than 18 months and I have spoken to all these clients. 100% plan on renewing for a third year. I am a relationship agent rather than a transactional one. My clients stick around.

It is the principal of the matter. No the agency is not holding money back for leads. I am posting also as a professional courtesy for all the new Medicare agents out there to be careful. This agency is constantly recruiting new "rookies" who become victims. The Medicare Industry is being flooded with new agents tranfering over from Major Medical as we all know.

I also highly reccommend checking the Better Businss Bureau site in your area before signing with an agency. The BBB was the only public forum I could find where it is easy to look up a business.

I'm not bemoaning the reality of what happened, what's done is done. I am looking for input as to my next steps and to open up a discussion to help anyone from falling into the same trap. Needless to say, contracts are full of landminds in this industry. We all need the knowledge and skill to navigate them successfully.

Thanks

Well I guess you are lucky most contracts require arbritration at thier locality. Meaning hiring an out of state lawyer and traveling to another state to try and collect.

You can try contacting local news orginizations, the problem you might find is few people care about insurance agents getting screwed. Its the same priciple Obama used to push Obamacare.