It Ain't Over 'Til It's Over

INDEPENDENT GLASS ASSOCIATION PRESS RELEASE

Safelite's motion for summary judgment was granted yesterday. We argued that if someone attempts to defraud you, you should be able to file a claim to stop them from attempting to defraud you and others in the future. Safelite argued that since the plaintiff had figured out he was lied to, he would not likely fall for the same lie in the future and therefore would not be likely to suffer damages. The judge agreed with them.

If you read the documents filed, you'll see Safelite's lawyers provided many arguments about why the suit should not go forward - procedural, jurisdictional, standing arguments--you name it. But in the all the volumes of paper they filed, the court never ruled on the underlying merits. This is a procedural win only.

It ain't over 'til it's over

Safelite will claim victory. But, they are not out of the woods. From the many rulings made by the judge we have a clear blueprint about how to proceed. As it would happen, the IGA had gotten requests from numerous glass shops around the country asking us to amend the complaint and admit them as plaintiffs. This complaint had already been amended to do that before this ruling. This may be the way we proceed. With this suit now over, the IGA board will make a decision at its upcoming board meeting December 7 & 8 whether or not to bring another suit with auto glass shops as plaintiffs. Safelite should know that regardless of any ruling, we are undaunted and will remain intent in our pursuit of illegal steering. We have more up our sleeve. This ain't over.

It is so much safer to be a Monday morning quarterback than in the game.

There will be some who say, "I told you so." Their line forms around back. Our members asked us to file this suit. The IGA knew the lawsuit was a bold strategy when we chose it. We fight for our members' rights. We saw a problem and set about to find a solution. We tried. Some will even criticize us for trying. We are disappointed, but we make no apology and we will stay the course.

The judge suggested these claims may be taken to the Attorneys General. We will be doing that.

That is because the insurance industry and the auto glass retailers and manufacturers they hire as their claims adjusters could not be getting away with what they are without violating the law. Disrespecting the laws which protect consumer choice is the lynch pin of every network. If we can successfully attack steering, we can impact network consolidation and falling prices.

The need is the same today as it was yesterday. Because the challenge remains, our mission remains. The strategy and the tools may change, but the need has not. The IGA remains committed to leveling the playing field and will continue to take positions and action against illegal, deceptive and anti competitive practices to protect consumers and the thousands of small businesses that serve them.

We will also continue to analyze and inform you about new contracts from insurance carriers and new maneuvers from LYNX, Metryx, Safelite, NAGS and others in the industry.

For those with specific questions or comments, send them to info@iga.org.