Complaint Review: The SMART Association Of America - WIMG Inc - Charles Boyd - Redlands California

Mr. Blum has once again shown his total ignorance of the law and this whole sordid mess. The court has not heard any evidence in the lawsuit with Team Benefits. As I stated in my previous rebuttal, the only thing that has been heard in court concerns the restraining order that prevents me from contacting members. Team Benefits secured this to prevent me from INTERFERING with their business. This was done with three obvious motives: 1. To prevent me from telling the members the truth, 2. To buy time for them to continue to draft members bank accounts 3. Time to allow them to try and contract for benefits to provide the members. Let's, look at the success: 1. The court order states that I cannot interfere with Team Benefits business operations or contact Team Benefit members. I have not violated that order. The truth is that Team Benefits doesn't have any members. Everyone was enrolled into my SMART Healthcare Association of America and became members of the Association, not Team Benefits. The court has actually failed to rule on this issue and is one of my arguments to appeal and set aside the Restraining Order (RO) and the Contempt Citation. The court has ruled that I violated the RO because I contacted my Association members to advise them that Team Benefits billed them for September but failed to pass the fees on to the Association to renew anyone's benefits. It is my opinion and the opinion of my Association attorney that the members enrolled by Team Benefits are SMART Healthcare Association members. This is fact based upon the contracts for eligibility to receive benefits that expressly states that only dues paying members of the SMART Healthcare Association are eligible for benefits. This is basic Association law. We feel strongly that once the appeal has been filed we will be able to finally show the Court evidence to support the fact that these are Association members not Team Benefit members; therefore, I was not in violation of the RO and will ask that the RO and the contempt citation be set aside. The evidence that we have not yet been able to have the court review includes all the contracts from the providers expressly stating that benefits are only available to dues paying members of the Association. Mr. Blum and other reps that seem to be more concerned with collecting commissions than ensuring their clients have benefits would be wise to demand proof of provider contracts from Team Benefits. They could possibly be an accessory after the fact because if they and Team Benefits continue to sell an empty promise. The RO stated that I was to turn over the database of members to Team Benefits (obviously something they wanted to access bank accounts). I did supply the database in both printed form and on a CDROM. The court order did not specify what format, so Team Benefits used this as a tool to complain to the court and extend the RO allowing more time to draft bank accounts. However, Mr. Blum states that I was ordered to pay a substantial fine to Team Benefits...who is delusional here. No fine was accessed but one was threatened if I failed to turn over the database in another format by the following day. I complied that afternoon and as a result no fine has been levied. In a related matter, the court ruled that there was insufficient evidence of damage to Team Benefits for so-called lost business (Although they have failed to pay for the September renewal fees they still sought another $25,000) My actions concerning turning over the database is not evidence that I was doing anything illegal. It is evidence that the court (another error by the court) failed to specify what format it was to be delivered. If the court had specified a particular format, I would have supplied it in that format, especially since it would have been a lot easier than printing out over 3400 pages. Mr. Blum makes mention of this database thing because Team Benefits probably used it as an excuse in delaying payment of his commissions. (Is there a pattern beginning to surface here about Team Benefits and its representatives?) 2. In short, the RO has really nothing to do with the Breach of Contract suit between WIMG and Team Benefits. The RO was a tool used by Team Benefits to continue drafting member's monies while they scrambled to try and obtain benefits. These are supposedly the same benefits that Mr. Lastavica of Team Benefits declared to the court that Team Benefits can provide. That is really quite interesting because we are now getting dozens of calls everyday from members we had to terminate as of October 1st for non-payment. Just today we logged in 11 telephone calls from terminated members that have discovered they no longer have the benefits they purchased. One of those calls was from a dentist office in Virginia for a terminated member that was trying to access her Aetna Dental benefits. Needless to say the member was irate when we had to tell her she no longer had the benefit. She promises to do something about it. The Dentist stated he considered it embezzlement when someone pays for something but doesn't have it. I feel the same way and have an appointment tomorrow with the District Attorney to file embezzlement charges for non-payment of the September members' fees. The embezzlement matter is entirely outside of the pending Breach of Contract lawsuit. I also received a letter from the Florida Office of Insurance Regulation (OIR) that a terminated member in Florida could not access her pain medication prescribed by her doctor for an accidental fall that resulted in a broken ankle. Is Mr. Blum going to stand up and pay for the medication or the accident benefit this member would have received as a member of my Association? I responded to the OIR and told them that this member no longer has access to her RX plan or coverage for her accident. I told the OIR that Team Benefits attorney (stated in court) that Team Benefits acknowledges it can no longer pursue new business in Florida (they no longer are authorized to use my licensed DMPO in Florida). But the Attorney also added that Team Benefits could continue to provide existing members their benefits. This attorney obviously has not read the Florida statute. That statement is incorrect...you can only service residents in Florida if you are under a licensed and approved DMPO. All forms by marketing organizations for use in Florida have to submitted and approved by the OIR before a marketing organization can legally conduct business in Florida. We learned on October 14th that Team Benefits is trying to use a DMPO that was given approval in Florida on October 7th; however, even if they could negotiate a contract with this DMPO, it will be still weeks or months before Team Benefits materials will be reviewed for approval as a marketing organization. Incidentally, the forms that Team Benefits submitted to Florida for approval as one of my marketing organizations included the bank draft authorization. If Mr. Blum or anyone else, would like copies of these forms that clearly show that WIMG or the SMART Healthcare Association as the only authorized entity to draft bank accounts, my DMPO would be very glad to supply them. So much for Mr. Blum's accusations that I have been illegally drafting members bank accounts. These documents are evidence that Team Benefits is doing the illegal drafting not WIMG. And while we are on the bank draft issue, we have received numerous telephone calls from members that terminated membership with Team Benefits and even put a stop payment on the bank authorization to prevent more looting of their account, only to have Team Benefits change the amount of the draft by $.50 and re-draft again. Mr. Blum has obviously shown his true character by his attempts to slander and discredit myself and my Association. A reputation that has been earned over the years and is well respected within the Association and Association benefits industry. All of the reputable people within this industry are committed to eliminating and ridding the industry of companies that operate using deceptive and misleading materials to garner a fast buck. These people have pledged to stop this type of activity so no matter where Team Benefits turns to acquire benefits, birds of a feather must flock together. This is clearly evident in the DMPO Team Benefits is trying to use. The Florida OIR has been requested by several members of the CHA (the medical discount industry Association) to re-open its investigation and approval of the DMPO "Association for Healthcare Management Inc." The principals of this organization have lawsuits and Cease and Desist orders from several States that they obviously did not reveal in their application. Regardless of whether the approval will be upheld or not, the time needed for forms submission and approval by a marketing organization takes weeks under normal circumstances and currently has been suspended on all marketing organizations of this DMPO until the investigation is completed. Simply put this means that the Florida investigation, file #1-145876150, should cause the real crooks to leap into those holes Mr. Blum has in mind for me. Decent people, Mr. Blum? I have written about 11 chapters of a book titled "The Easy Road to Affordable Health Insurance". I have one chapter dealing with the greed of insurance agents as a primary factor that needs to be addressed to affect meaningful health care reform. Team Benefits is building their business using deception and greedy agents, none stands out as obvious as you. Team Benefits is like a house of cards that eventually implodes...better sooner than later. Enough people have already been victimized. WIMG and the SMART Healthcare Association of America do not condone or participate in scams or fraudulent practices. WIMG and its employees have also refrained from telling lies and distorting the truth when asked about this affair. We believe that the truth eventually always prevails and win lose or draw, we have character that requires us to do the best for the members first and always. Its too bad you and Team Benefits aren't willing to do the same. Instead of spending your time doing their bidding, why don't you ask them why they instigated this whole fiasco in the first place? It really all began when they stole the fees for everyone's benefits in September...including those you call clients. Why did they do it? My guess and the opinion of everyone else is that they just couldn't survive under my demands for honest sales tactics and compliance with my advertising guidelines. They probaly feared I was going to shut them down for all the illegal activities and misrepresentation that was occurring. Are you really interested in the truth, Mr. Blum?

10/18/05 Charles Boyd and WIMG, Inc. have now been exposed legally to the world for what they are. The Federal Court has now ruled on WIMG, Inc. and Charles Boyd. On 10/6/05 Mr. Charles Boyd the owner of a company named WIMG, Inc. posted a rebuttal to my exposure of his company on 10/4/05. Mr. Boyd in his delusional state or mind, ranted and raved about how his company was being put upon by Smart Health Care Solutions (which by the way he couldn't even spell the name right). On October 14, 2005, the court ruled that there was clear and convincing evidence that Charles Boyd and WIMG, Inc. had failed to comply with the Court's September 16, 2005, Temporary Restraining Order (TRO). The court also found that there was clear and convincing evidence that the defendants had failed to supply Smart Health Care Solutions access to the database of health care members. The court also found that WIMG has continued to contact Smart Health Care Solutions customers with the express intent of dissuading them from continuing to do business with Smart Health Care Solutions. Charles Boyd and WIMG, Inc. were ordered to pay a substantial monetary fine for damages to Smart Health Care Solutions and return immediately to Smart Health Care Solutions their intact database or pay a continuing daily fine for not doing so. Charles Boyd and WIMG, Inc. were also ordered to pay Smart Health Care Solutions legal fees. As of this writing WIMG, Inc. has now turned the database back to Smart Health Care Solutions. This action alone shows that WIMG, Inc and Charles Boyd were doing things illegally. Once again it shows that in the light of day the rats are shown to be who they really are. Mr. Boyd, I know that you will have another rebuttal to mine, but now the world knows you for whom you really are, a liar, a thief and a charlatan. Mr. Boyd and WIMG, Inc. has wreaked havoc on thousands of innocent customers of Smart Health Care Solutions by accessing their bank accounts fraudulently and caused not only bounced checks but excessive work on Smart Health Care Solutions customers to stop his unlawful assault on their private information. Mr. Boyd and WIMG, Inc. will not go unpunished, because of his fraudulently actions, they now have legal proceedings going forward against them by the financial institutions to recover the stolen money. Mr. Boyd and WIMG, Inc. the world will be a much better place if you will just crawl back in the hole you came out of and leave decent working people alone with your scams and fraudulent dealings.

My name is Charles Boyd and for the record I am extremely happy to post this rebuttal to the lies and misleading information posted by Mr. Blum The ripoff alleged is an out right lie. The real ripoff is by a renegade marketing company called Team Benefits LLC doing business in Tempe Arizona under the name of SMART Healthcare Solutions. The ripoff by Team Benefits is actually a continuation of the ripoff posted on this site by an agent or rep of Team Benefits named Michaelon how TEam Benefits ripoffs the very people marketing for them. Michael reported how Team Beenfits rips off the agents and representatives and made many references to the ripping off of consumers as well. Now Team Benefits has taken "Ripoff" to a new level by going after the big money by ripping off consumers. WIMG Inc., is the legal administrator for the SMART Healthcare Association of America, a not-for-profit organization that is dedicated to bringing afordable health care to America. WIMG contracted with Team Benefits in February of 2003 to enroll members into the Association to have access to our membership benefits. Mr. Blum as a licensed insurance agent and should be acquainted with the way an Association works but for those of you that do not... Association benefits are similar to benefits acquired when you work for a large company that supplies benefits for their employees - you must work for that company and meet the minimum standards to access those benefits. An Association is very similar in that you must be a dues paying member of the Association to be eligible for those benefits. Team Benefits or SMART Healthcare Solutions is not now and never was an Association. By enrolling members into the SMART Healthcare Association of America, those members were able to access the benefits of the Association as long as they were dues paying members of the Association. Over the past 2 and one-half years, Team Benefits enrolled hundreds of members into the SMART Healthcare Association and those members were able to access the benefits becasue they were dues paying members. However, WIMG has had a rather rocky relationship with Team Benefits because of their craving to make a fast buck by using deceptive and misleading advertising materials and telemarketing companies or call centers. Most of these engage in illegal blast faxing. WIMG has had many compliance issues with Team Benefits concerning false advertising (visit the State of Minnesota website where SMART Healthcare Solutions has a Cease and Desist order for false and misleading advertising materials). Team Benefits has also been issued a Cease and Desist in Utah for the same reasons - false and deceptive advertising. Early in the Spring of 2005, Team Benefits withheld payment of over $65,000 they collected for Association members benefits and failed to pay WIMG or the Association these monies. (Copies of E-mails demanding payment for this benefit and a promise by Team Benefits to begin making partial payments "shortly" are available upon request.) False and misleading advertising and sales tactics aren't the only problem we had with Team Benefits. Complaints and follow up procedures to satisfy those complaints were never instituted and the use of call centers only aggravated this situation. On September 18th, I visited the Phoenix BBB site and found 37 complaints had been filed in the past year alone against Team Benefits LLC. When payment was due from Team Benefits for the monthly fees they had collected to pay the renewal benefits for the members for September of 2005, Team Benefits was late (as usual). On the 6th of September They faxed over a payment that was approximately $4500 less than the amount owed. Because of the earlier problem of withholding payment, the compliance issues, excessive complaints about deceptive business practices, and since none of that $65,000 had been re-paid, WIMG informed Team Benefits that it would terminate their marketing agreement at noon on Friday September 9th if the balance of payment was not recieved. WIMG then recieved notice from our bank that Team Benefits had placed a stop payment on the partial check. This meant that had billed for the September 1st members benefits but now had not paid for any of those benefits. Furthermore, on September 5th, Team Benefits collected monthly dues for the 15th of the month renewal member's benefits and has kept all those monies as well. They billed over $300,000 and have not paid one dime for a single member's benefits for September. WIMG stepped up and paid for every member for the month of September so that no one would be denied access to those benefits. Unfortunately this was all occurring when I had a scheduled business trip and did not return to California until late Thursday night, the 15th of September. Team Benefits used this time wisely by retaining an attorney to file a temporary restraining order (TRO) against myself and WIMG. They new that I would be filing a lawsuit unpon my return from my business trip to meet the Presidents of teo Insurance Companies, but they beat me to the punch. I was served notice of a hearing on the TRO at 10:46 AM on Friday, September 16th. The hearing was to be held in 4-hours. This was a deliberate act becasue both Team Benefits and their attorney had already been told by my office staff that my Association Attorney was on an Alaskan Cruise. I went to that hearing to ask for at least a one-day continuance but the Judge quoted the law...that a corporation must be represented in court by an attorney. The Judge did not take into consideration that I had only been served a total of 4 hours and 14 minutes prior to the hearing and that my attorney was on the cruise (even Team Benefits counsel acknowledged they knew he was on vacation). So instead of granting me one-day to secure legal representation, she signed the TRO citing default because I did not have legal counsel present. There was a subsequent hearing on continuing the TRO but that was the only issue that was heard. I was now represented by counsel but we were denied the opportunity to introduce evidence that would have shown the TRO really should have been issued against Team Benefits. At the second hearing, the judege expressed sincere concerns about the members being able to access their benefits, but Mr. Mark Lastavica of Team Benefits stood up in court and testified under oath that they could provide the benefits. The judge was satisfied even though we objected and asked for proof that Team Benefits could provide those benefits. The judge did nothing to really ask for substantive proof and let the TRO stand. Team Benefits can not supply those benefits. All of those contracts are in the name of the SMART Healthcare Association for dues paying members only. I believe the judge made a mistake when she believed Mr. Lastavica's statement and will hold him accountable. The only benefits Team Benefits has is access to medical re-pricing, a discount dental plan, a discount vision plan, and a few other minor healthcare discount plans. These are being provided by a company my Association had a brief agreement with late in 2004 and 2005. An organization known as New Health Care Management Group out of Atlanta Georgia...an organization Team Benefits pleaded and begged me to replace back in the Spring of 2005. Team Benefits can not provide the Critical Illness, Group Term Life insurance, the indemnity Dental Insurance, the Accident, Disability, accidental Death Insurance, or the Hospital indemnity benefits that the SMART Healthcare Association has contracts with. There are only two sources for those benefits, through my Association or a marketing partner of mine that has already told Team Benefits...NO, they caznnot market them. IN fact some of those beneifts come from an A++ insurance company that has stated (for the record) that John Byars and New Healthcare Management Group are not to be given access to those policies or myself and my marketing partner would have our contract with them terminated as well. After WIMG paid the bill for all the members beneifts in September we notified the members of the situation and advised them what Team Benefits had done and that Team Benefits would continue taking their money without being able to supply the benefits the members were paying to receive. We advised them that the only way they could receive those benefits was to continue to be a dues paying member of the SMART Healthcare Association. Hundreds of members did just that and are recieving the benefits they contracted for at the time of enrollment. Has the fact that Team Benefits cannot deliver the benefits stopped them from drafting checking accounts...NO. They are after the money and grabbing as much as they can. There were 733 members in Florida that Team Benefits stop up in court and swore under oath that they could supply benefits for. They cannot legally conduct business in Florida. As a result those members lost access to all their benefits unless they paid the SMART Association to continue with those benefits. The SMART Association can and does conduct business in Florida legally. There were over 1900 members covered under the Associaiton's Accident insurance...that they no longer have. There were over 800 members that lost their Prescription Drug Benefits...and the list goes on and on. It is not entirely the court's fault that Team Beenfits has thus far been able to get away with this but the judge did take the easy way out on granting the TRO on default instead of waiting until Monday to make a substantive ruling. Team Benefits has exploited the issuance of the TRO by claiming it a victory...but they are going to pay a very steep price next Tuesday in Court when the truth finally comes out. Unfortunately many members like the 733 in Florida that now do not have benefits are only now only beginning to see the truth. Visit Team Benefits website and you will find the SMART Association's benefits are no longer listed there. They recieved Cease and Desist orders from the DMPO in Florida and Beech Street to remove them becasue they had been notifed by WIMG that Team Benefits contract to enroll meembers into the SMART association had been terminated for cause. WIMG and the SMART Healthcare Association of America are not ripping off consumers...Team Benefits, Choice Benefits, FCHC (First Choice Health Care), and NHCMG are ripping off consumers. Furthermore, any agent or representaive marketing for Team Benefits is also contributing to this scam, maybe unknowingly but contributing nonetheless. Mr. Blum should ask Team Benefits if it has complied with Tennessee law 47-18-2701 to 2704 that applies to all discount medical plans...mayben then and after reading this he will know the truth. He should also read the report already posted on this site by another agent that exposes the real Team Benefits. As far as the TRO is concerned, Ihave not violated that order. The TRO states I cannot contact Team Benefits members...Team Benefits has no members. If you have an insurance agent sell you a Blue Cross plan, you become a member of Blue Cross becsue they supply those benefits. I complied with the TRO and supplied the database of the customers Team Benefits enrolled into the SMART Healthcare Association. I did not supply the proprietary software because the marekting agreement specifically stated that the agency software was the exclusive porpoerty of WIMG. (We later sold it to IDS to begin marketing it to small businesses). The truth always comes out and when it does it will be easy to identify the "Ripoff". It is not WIMG or the SMART Healthcare Association of America. Mr. Blum should ask Team Benefits for proof they paid for the members benefits for September...and how much money Team Benefits recieved to pay for those benefits. Then he probably will see the light and realize where the ripoff is really occurring.