Parker & Associates class action lawsuit anyone???

[insman826]

I was told by a very reliable source that CMS hates FMO's especially Parker and Associates. If you are owed any renewals or upfront commission you need to contact CMS and file a complaint. I am in the process of doing so myself. Hope it works with the thousands I am owed. I think what has happened is Parker is using our renewals to pay his debt he has from barrowing millions to pay commissions to agents. I have personally wrote well over a thousand MA's since Dec. 05. I have received about 5,800 in renewals in that whole time period. Something wrong with that picture? And if you get what they call a renewal, you get no documentation to say where it came from. Its a living nightmare.

 

[stormtracker]

As per a previous thread, I filed a complaint against Parker through my DOI. Never got a decision and that was two years ago. I ceased selling with them in November '07 and to this day still have over a thousand dollars in escrow... I have NEVER received a renewal. When I used to ask about my monies, I was always told that I would probably wind up owing them money... As for the small claims court-- you might just win a judgement, but good luck ever collecting. The very nature of class-action says that it will be tied up in court for years and you will receive pennies on the dollar when it is settled... I still believe that Parker is the main reason CMS has legislated so much of the restrictions on MA marketing...

 

[patch36]

Some times it is best to walk away. Is it worth it dragging it out another year or two and still not getting anything, or just chalk it up to experience, rather bad experience?

 

[AgentOrange]

If you guys are looking for help from CMS I suggest you send your grievences to [email protected] they have been very responsive to me. And if you want to flood this e mail with Parker grievences let me know the date because I got a few of my own.

 

[Lute]

Are you sure going to CMS would help? They HATE insurance agents! Of course you would think they would hate a company like Parker even more. The scary thing is CMS has almost unlimited, unchecked power over us as agents. It seems like they could crush Parker if they wanted to, so why haven't they? Perhaps they have a cozy relationship we don't know about. I'm wondering if one went to CMS if we wouldn't be accused by Parker of something.

Comments please.

Derek.

 

[insman826]

I feel that if it does not affect their pockets, then its not top priority for them. It doesn't matter to CMS. Who cares about the agent. Not CMS nor Parker. They got paid and are still getting paid.

 

[Me112233]

Is anyone familiar with the TAG/Parker relation as far as Humana? Before my well battled release finally came, I would get statements from them, sometimes they would say Parker and Associates. As far as a suit against them, I believe it would be a possibility because of the wording in their contract, which basically states the agent is working for them and the "services they provide...". I would say it is a breach of contract when you have documentation nobody will call you back for four months. It was a lesson, it's costing me $400/month in renewals.

Maybe you guys could call in the IRS. If the contract exercises undue control, you may be deemed an employee. The IRS loves cases like this. Attempts to control your work habits (time, place, activities) or ability to contract for/with others is an element that tends to substantiate employment rather than independent contractor. If they told you where to work (say a Wal-Mart kiosk) and said you had to work so many hours a week, that's an example of control. If they paid you a draw against commission and can do mean things to you (e.g., withhold earned pay) if you don't perform the way they want you to or if you quit altogether, you could be considered an employee. The ability for the employer to keep otherwise earned commissions/renewals is a characteristic of career (employee) agents.

Whether you are successful or not, having the IRS on their back will change their attitude tremendously. (If they lose the arguement with the IRS, it could place a tax levy on them that will sink them forever -- just imagine how much 15.3% of all the commissions paid out over the last three years happens to be. Once the IRS makes it ruling, the state will show up wanting to collect the unemployment taxes, and then audit their non-existant worker's comp plan.) Just write a rational letter to the IRS, and see how things go. Remember, when writing to the IRS, stick to the facts and don't let your probably justified anger jump into the text. Here's the even better news: the IRS can go after the individuals running the company when payroll taxes are not paid -- the owners can't hide behind the corporate veil when it comes to payroll taxes.

 

[Guest]

Good news!! There is a class action lawsuit, and it has been filed on behalf of myself and several others. Others are welcome to join. I am a former Regional Manager with Parker & Associates/Great American Marketing/TAG. You may contact me at [email protected] so I can get to know you and see if we can help you.

 

[jdeasy]

Good news!! There is a class action lawsuit, and it has been filed on behalf of myself and several others. Others are welcome to join. I am a former Regional Manager with Parker & Associates/Great American Marketing/TAG. You may contact me at [email protected] so I can get to know you and see if we can help you.

Are you using the law firm out of Lexington, Ky?

 

[Guest]

Yes, Grasch and Gudalis. A friend and I are the lead plaintiffs.