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04.29.2009 1:45 pm

Koster tells KMOV there’s “too much smoke” at US Fidelis

St. Louis Post-Dispatch
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In interview about US Fidelis that aired Tuesday, Missouri Attorney General Chris Koster tells KMOV (Channel 4) that the Wentzville-based broker of extended auto-service contracts has violated telemarketing laws, misrepresented itself to consumers and seems to be too under-capitalized to operate legally in Missouri.

None of the allegations are big bombshells. They’ve all been brought up before, including by the state in its 2008 lawsuit against the company and others in the industry and in a new lawsuit filed last week by the Missouri Department of Insurance, Financial Institutions and Professional Registration.

That said, this is the first time I know of that the current top law-enforcement official in Missouri has publicly talked about US Fidelis. Here are some highlights from the interview:

  • When asked whether Missouri consumers should do business with the company, Koster said: “I wouldn’t get involved with them at this point; there’s too much smoke around this situation.”
  • Koster said that the company now appears to be cooperating in the Department of Insurance investigation into the company and that the attorney general expects he soon will be reviewing detailed financial information that the state has asked the company to provide.
  • When asked about the wealth and lavish lifestyle enjoyed by Darain Atkinson, the company’s president and founder, Koster said: “I don’t begrudge anyone for being a successful businessman — the more successful the better. But if they do it on the backs of Missourians by deceiving them or defrauding them, then it’s our job at the attorney general’s office to police those waters and put the bad guys away.”

(You can watch raw video of the 5-minute interview here. In a blog posting on the station’s web site, reporter Chris Nagus has some reaction to Koster’s interview from US Fidelis spokesman Ken Fields, of the Fleishman-Hillard public-relations firm.)

If you’ve missed any of our stories on US Fidelis, here are a few more links:

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23 comments

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If the Attorney General wants the scoop on US Fidelis they need to get their hands on the customers refund information from the Administrators of the Service Contract Companies and match them up to the actual refunds issued by US Fielis. BOOM! Criminal charges.

— truthisout
2:28 pm April 29th, 2009

I looked at the KMOV 4 news report that you posted and still smell a rat.

This attorney general, Koster is only speculating as it stands now and is making many allegations that he believes or, MORE LIKE, HOPE TO DISCOVER TO BE TRUE. (lol).

There are an army of operatives who are definitely attempting to put this man out of busines, no doubt. I have never seen such a WITCHHUNT and allegations with no one having really nothing. Yes, he is attempting to make the telemarketing call violation a big deal, but we no those are no big deal. Many people have received these same type calls about, saying that you warranty is or may be aboout to expire.

Okay, now are you telling me that such a sales tactic is all that serious and great violation? Those calls may get on people nerves but I do not see anything at all criminal about them or so bad they they are against law unless, these people were on the “no call” list.

Due that attorney general, Koster only speculated that this company had not paid out rightful claims having absolutely no facts of wronging in this area because the company has not been given due process concerning these supposedly claims that Koster is speculating about. I would say that he is slandering this company. Now after the discovery, if everything that Koster stated in that news report is true, then I will be the first to apolize and admit that I am wrong.

It appears that the company is being slandered and they are all on a WITCHHUNT praying that they find some serious wrongdoing because if he has the balls to sit there on T.V. and tell the public not to buy their extended warranty products then he should have enough and the right to close their doors. Until Koster and others find actual evidence and this company and man have had their due process this attorney general is out of control. Is this not America?

The more and more these people talk, I see a WITCHHUNT. Lord knows I have been incorrect before but this just doesn’t seem to be one of those times.

They appear to have nothing but disdain for this man. Why? It is not over “no call list violations”, proof of customer claims not being paid”. Or, supposedly misleading telemarketing calls that any attorney can defend and win because it truly isn’t misleading but attention grabbing because it certainly stated that they were not associated with a dealer or automobile manufacturer.

They are hoping like hell that this the warrantees are underfunded. But, they can learn that until after discovery and a long investigation of all these records, but they are slandering the company and the public to believe that this is the case with absolutly NO PROOF of that.

The State Department of Insurance certainly should make certain that the (payor, surety) of these extended warrantees are funded enough to pay out any legitimate claims sold. Yeah, now it was made clear, just as I figured, Koster was behind these other attorney generals looking into this company, but are these other states really still looking as hard as Koster wants them? The only thing certain is that they will cost this man big time in legal fees and thats all that is really important here, I believe.

I still smell a rat, in fact, a hand full of them.

— D. Walker
3:06 pm April 29th, 2009

One of the Consumer complaints against US. Fidelis as reported by the BBB states:
_____________________________________________

A woman from Mission, Tex. said she received a mailing in November 2008 that the factory warranty on her 2006 Chevy Malibu was about to expire. She said when she called a company representative with U. S. Fidelis, she asked only that she be sent some information and “I’ll look it over.” Soon after, she said, she noticed the company had made two separate unauthorized withdrawals from her bank account, totaling about $650. She said the money ultimately was refunded. She said she reported the incident to her local police department. The woman told the BBB the company contends that she ok’d the warranty purchase, but she says that is untrue. “I don’t give my bank number to anyone,” she said.
_____________________________________________

The complaint above needs to be totally checked out. Does this story above even sound remotely possible? How on earth would this company have this lady’s checking account number unless she gave it to the US Fidelis representative? But admitted that she wanted to be sent information but did not give out her banking account number? Who truly believes this crap? The people over at the BBB are not even pretending to have good common sense in many of these complaints they are passing off as valid.

See bottom last complaint sited at the bottom of attached web page:

http://stlouis.bbb.org/article/9949

— D. Walker
3:09 pm April 29th, 2009

ACCUSATIONS OF WRONGDOINGS:

RE: NOT RECEIVING THE CONTRACT TO STUDY BEFORE PURCHASING.

Note: This is just plain doesn’t happen anywhere and is why the law provides grace periods for cancelling ANY contract.)
Also, Most ALL good companies that have inside sales departments that sale to consumers over the telephone receive payment before you receive a copy of the agreement/contract. Two that I have personally knowledge of in the automobile insurance industry who do ALL their business over the telephone, GEICO Insurance, and USAA Insurance Company and, both create a sense of urgency by informing the consumer that coverage will start only after a down payment is received and they want this payment over the telephone right then and there! Reminding you that the insurance will take effect the next day after receipt of a payment and ask if you how would you like to make your first payment today? The law states that a contract must be received within a reasonable time period and that the grace period to cancel does not begin until after you receive receipt of the contract. MOST ALL sales organizations with inside telemarketing sales staff train them to make the sale TODAY! That is just fact, whether you are an insurance agent or Health Club Membership salesperson. My God go to Bally’s. (Is the goal here to make these sales practices illegal? They are not and, they should not be). All are distorting the mailing piece and everything about this company.

Furthermore, due process is due this company and if they are in keeping with the law they MUST fight these charges and mud being thrown at them. Koster the Attorney General really has a heavy anchor around his neck now because he MUST come up with the goods that he is slandering this company to be because if he doesn’t, it will prove what an unethical man he is and that everything said about him during the election campaign process was true and what I suspected him to be the entire time. It is all Koster behind this “WITCHHUNT” and I hear “class action attorneys” all over his motives and Atkinson’s wealth and company’s financial well doing. GREED and an unworthy ex-con is what this is all about.

RE: SENSE OF URGENCY.

Now US Fidelis creates a sense of urgency by informing consumers that the price quoted them on that day, that they can only guarantee that price that day only because the quote given is based on the car’s mileage they gave on that day and goes on to explain explained that is unless one was going to let their car sit and not drive it, stating something like, but most people don’t, and ask them will you be driving their car while thinking about buying the extended warranty, want you? Because the mileage is part of determining the price of the extended warranty and if we can sell you the product.

Creating a reasonably truthful sense of urgency is not unethical, misleading or illegal and is what ALL sales organizations do. And all past and present salespeople in the insurance industry who have dealt with or have dealt with the individual market lines of insurance know that this is true.

(By the way, I have heard US Fidelis sales presentation).

Now, no one raised claims of being misleading or unethical in the tragic situation of HMO insurance companies like United Healthcare and some others placed so much undue stress on poor little senior citizens when these insurance company employees were placing senior citizens into their HMO’s where the medication that they were taking was not even covered under the plan that they were placing them into. Take about the money that United Healthcare is making. Oh, that’s a public company paying a worthy man a ungodly salary and bonus and the marketing people great money to place these senior citizens into health plans that do not cover all their needed and required medications.

RE: PRICE URGENCY (Hackling with the price to get you to buy today).

Note: Both Consumer and Businesses play this game, nothing unethical or illegal about it. Just go to any “Automobile Dealership, Health Club, Home Siding, Windows, BBB memberships, RCGA memberships, St. Louis Symphony Orchestra Season tickets etc.).

RE: BBB SALES TACTICS

The worst part of all this is that some of the very things that the BBB and the “attorney general” are accusing US Fidelis of concerning their over the telephone sales practices, the BBB (Better Business Bureau) are the greatest violators of. Talk about questionable telemarketing practices!

The “Better Business Bureau” is the MASTER OF THEM! This is how they ALL operate. Click on below:

http://www.bbbroundup.com/LosAngelesBBB01.html

— D. Walker
3:29 pm April 29th, 2009

Stated that:

None of the allegations are big bombshells. They’ve all been brought up before, including by the state in its 2008 lawsuit against the company and others in the industry and in a new lawsuit filed last week by the Missouri Department of Insurance, Financial Institutions and Professional Registration.
_______________________________________

You forgot what is new. What is new is the “class action” lawsuit that was filed recently and where now we can all witness attorneys (attorney general and others…, washing the hands of one another. What we have here is the State Attorney General doing the dirty bidding of “class action attorneys”.

— D. Walker
5:23 pm April 29th, 2009

I see that D.Walker is still at it. He claimed not to be affiliated with the company in any way; yet feverishly defends them. State agencies, consumer advocates, state government officials are all on USF’s tail; yet D.Walker still proclaims their innocence.

I would like to see this story be on another national program similar to what the Today Show reported. We need to see it on one of the night time programs like Dateline, 60 minues, etc.

Glad to see our Attorney General go public and reinforce the stories.

— Good clip with our Attorney General
5:27 pm April 29th, 2009

The majority of management at US Fidelis drive new vehicles that are under the manufacturer warranty. If you drive to the front of US Fidelis, drive down through the parking lot and watch for ‘Reserved Management’ parking spots; see how many older model vehicles are there. They trade vehicles often; what does that tell you?

— New Vehicles under Factory Warranty
5:38 pm April 29th, 2009

D Walker I have been following your blogs. You do work for the company and you now what BS goes on there. Shame on you for defending this company. We will see what the department of insurance does to this company. I am sure plenty of calls have been recorded of sales people being so honest and concerned? No way can you defend this company once you have called them. They prey on people’s hopes and desperation. They could care a less if they sell someone a $3000.00 power train warranty on a car that may be worth $2000.00 or if they even need a warranty. Most don’t even ask a simple question like how many miles do you drive in a year becasue the employees are not allowed to offer advice if the customer does not ask. They sell these warranties to elderly people on fixed incomes with cars that are worth nothing and think nothing about it. Most of them probably don’t even remember buying them. If you don’t do as they say you are fired. They are taking advantage of employees and desperate people in desperate times. There warranties can be sold honestly but the profit will not fit Darain life style. Shame! I hope someone screws your mother over and hits her up for a large amount of cash, and she has to eat cat food to live. That is if you ever had a mother. Let the Witchhunt begin after they sell a warranty to someone you love. Do you have a soul?

— Protect the ones loves u love
12:51 am April 30th, 2009

Protect the ones loves u love,

How many times much I tell you I do not work with the company? See, anyone can call the company as I did. Are you another ex-employee?

One of US Fidelis biggest mistakes was not requiring psychological and sales aptitude tests on individuals before hiring them to become salespeople. Many of those tests are so accurate and companies should use and take advantage of these tests more, it would save them a lot of headaches and money.

— D. Walker
9:02 am April 30th, 2009

Now, I guess you wonder how I know such isn’t done by US Fidelis? It is obvious by the behaviors of their ex-employees.

— D. Walker
9:06 am April 30th, 2009

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