Call Center Moved My Broker Contract Without Consent/Permission – What, if Anything Should I do Next

Northeast Agent

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Pennsylvania
Sorry for the long ramble, but I hope this makes sense.

This past AEP I worked part-time to supplement my income at a large, local call center (through a staffing agency) as a temporary W-2 employee. I was NOT employed by the call center, but through the staffing agency.

It was difficult to find a program for me to work on as I have independent broker contracts with all the big national carriers. This call center does telesales for a couple of them. I made it very clear to the staffing agency back in June that I could not work on either of them, but a regional carrier would be OK. Dingbat recruiter excited to make a big commission called a few weeks later and excitedly said I had been assigned to one of the carrier accounts I specifically told her (verbally and in email) I could not work for, as I represented them and it was a conflict of interest. I’m not naming them here as I don’t know if they read this board or not.

My phone/email/text blew up all summer long from the call center itself and other agencies, in a desperate scramble for licensed agents to fill their seats. Finally they had openings for a regional carrier and I started work on October 10th, through the agency I had been dealing with.

The first sign of trouble should have been a few weeks later when I went to order supplies from another carrier. I saw in the drop-down box I was supposedly appointed and licensed to sell in MD. Alarmed, I jumped onto NIPR and saw I had five other non-resident licenses. Upon closer inspection, I saw they had been purchased by the call center on September 27th, which was about two weeks before I started there. These particular licenses weren’t needed for the program I was assigned to, and what was even odder was I agreed to go back to the call center on October 8th, not in September. I just thought my name had been on a long list of agents and someone there dropped the ball and bought me licenses by mistake.

Fast forward to the day before Thanksgiving. I had a new client who needed a Part D with the carrier effective 12/1. When I logged in to broker portal, I kept getting messages stating I wasn’t “ready to sell.” I called the carrier, as I was current with both the 2018/2019 certs. When I finally got through to the help desk, they told me the email and address I provided them were wrong – and that I needed to talk to my new upline – the call center – who had moved me from my existing hierarchy, effective October 2nd (again, before I even started working there!). They have a telesales department onsite at the call center.

I made multiple calls to the carrier, who said they were in a “blackout period” until 1/1/19. They advised me to have my client enroll with them directly. Yes, I would lose the commission, but if I had them enroll under me, the call center could hold me for six months and not release me if they didn’t feel like it. I also lost out on a MAPD due to this, but luckily I was able to put the client with another carrier.

As I worked odd hours at the call center (weekends and evenings), I was only there once a week during business hours. I couldn’t call and speak to anyone as no one has phone extensions. The next time I worked I told my program supervisor what happened and he emailed the call center’s licensing department for me. I went in a few days later to that department and the supervisor very nonchalantly said she had emailed the carrier and hadn’t anyone contacted me yet? I called the carrier every few days for an update and of course, they had nothing. Finally, I went to my program’s HR manager who hand-delivered a letter to the PM of the carrier’s telesales department.

After more phone calls to the carrier, they finally said that my contract is slated to be returned back to the correct FMO effective January 1st.

Is there anything I can/should do? If I had written business with this carrier within six months of October 2nd, the call center wouldn’t have been able to move me. I’m angry at myself for working there (no idea this would happen) and furious that no one there cares. I don’t think it was done maliciously or deliberately with intent to harm, but this did cause me to lose business.

I thought about reporting them to the DOI, but my State doesn’t seem to do anything. Maybe the Department of Labor? Or the carrier’s corporate office, for sure to complain about the shoddy business practices of one of their telesales centers?
 
I would file a complaint with the DOBI if things were not done on the up and up. . Are they not releasing you for 1/1. What contracts did u fill out?
 
What's the DOBI? The PA DOI? They will probably do nothing, as usual so I think the carrier is the best bet. At least they'll have a complaint on file and who knows, maybe they've had others before.

The only paperwork I completed was for the carrier I was appointed with at the call center.

Tomorrow I'm calling the carrier to be sure my appointment was moved back to the right hierarchy/FMO effective today (1-1-19). I can't call today as it's a holiday and they're closed.

If it was moved back, as promised, I'm contacting my broker manager and letting him know what happened. I want to ask who heads up the telesales division for them and lodge a complaint/grievance against the call center. I didn't do it during AEP as there was way too much going on.
 
What's the DOBI? The PA DOI? They will probably do nothing, as usual so I think the carrier is the best bet. At least they'll have a complaint on file and who knows, maybe they've had others before.

The only paperwork I completed was for the carrier I was appointed with at the call center.

Tomorrow I'm calling the carrier to be sure my appointment was moved back to the right hierarchy/FMO effective today (1-1-19). I can't call today as it's a holiday and they're closed.

If it was moved back, as promised, I'm contacting my broker manager and letting him know what happened. I want to ask who heads up the telesales division for them and lodge a complaint/grievance against the call center. I didn't do it during AEP as there was way too much going on.

I don't think they can mov contact without signature of some kind. Do you think they forged?
 
That's a great point, Vic. I did new the hire paperwork with the staffing agency over the summer such as the W-2, I-9. etc but no carrier appointment paperwork. I also had to submit an online application directly to the call center, but again, no carrier appointment paperwork.

I didn't agree officially go back until 10/8 and I started on 10/10. The only paperwork I did was for the carrier I was on. According to the carrier in question, the call center moved me under their hierarchy on 10/2, and the non-resident licenses were purchased on 9/27, according to NIPR.

I'm getting on the phone with them first thing in the morning and getting the ball rolling on this... Will update as I have details!
 
I called the carrier yesterday and my contract is still under the call center. They said give it until the end of the week, though due to the holiday. The system needs to update.

The carrier's broker manager said to start with their (the carrier's) compliance department. I'm filing a grievance against the call center.
 
Update on this:

My contract for the MAPD/PDP was FINALLY moved back to the rightful FMO on 1/29/19. The carrier neglected to tell me I had to do all new contracting paperwork to move it back from the thieves at the call center.

On 1/3/19 I emailed the carrier's Medicare compliance department about the call center's shenanigan's and haven't heard a word.

Several weeks ago I sent a letter to the call center's corporate office in FL, then the local office here (who caused the issue). I asked for an explanation of how this happened. The corporate office never bothered replying and the local office's contracting department sent me a snippy email. Basically it blamed my staffing agency for dropping the ball and not letting them know I was appointed with this carrier.

I'm not reporting them to the DOI, as they only seem out to protect the consumer. I decided to let it go, as the call center has a lot of locations across the country and deep pockets. They just got a big contract with a Part D carrier who is having a lot of issues right now, haha and this may be their undoing, anyway. There's ads all over Indeed.com hiring for agents, trainers, etc in their call center paying peanuts. Sometimes it's best just to keep your trap shut and move on.

Once you're a broker and have your own contracts, it's a good idea not to go back to a boiler room/sweatshop as they can do whatever they want, it seems.
 
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