Network News Volume 40 Issue 2Conference Recipe for Success - BAM! BAM!Keynote Cornerstone of Conference
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| Beckman Coulter Bruce Breeden, Srv Mktg Mgr Vic Hasbrouck, Manager 714 773-6675 |
| Masterplan Malcolm Ridgway, Sr.V. P. 818 734-8376 Bruce Cree, President |
| Omnitech Gencorp,
Inc. Hollye Davidson, CEO 305 599 9898 |
| CSU Richard Watkins,Pres.&CEO 913 541 0960 |
| D. F. Blumberg
Associates, Inc. Don Blumberg, President 215 643-9060 |
| DecisionOne Corporation 610 725-2500 |
| EAD Systems
Corp. Dave DeGiorgi, Principal 781 767-5422 |
| Healthtech Publications Jack Spears, Publisher 401 434-1050 |
| Maintech Frank D'Alessio, President Carole Greene, Sr.V.P. Marketing & Sales 973 614-1700 |
| Northrop Grumman Joe Mulderig, Pres. GSS Div 516 563-6907 |
| Novare Services,
Inc. Rory Scheving,Vice President 810 735 6335 |
| TFE Technology Holdings LLC John Walker C.E.O. & President 801 298 8000 |
| IBE Digital Ron Varing, President 562 921 0202 |
Last December this column discussed the case of
Snider v. State Farm Mutual Automobile Insurance Co., in which
State Farm lost a $1.2 billion verdict because it required its insured's
to use generic rather than original equipment manufacturer (OEM) parts
when generic parts were equivalent. I wrote about this case because
I felt that it harmed the reputations of all aftermarket competitors
for all of the wrong reasons. I mentioned at the end of the article
that there were rumors of another case against all of the major insurers
for creating an organization to certify the quality of generic parts.
That lawsuit has now been brought and, as described below, it broadens
and deepens the threat to the reputation of aftermarket competitors.
The case has been brought by an individual, Shannon Hobbs, who represents a class of millions of people described as follows: All persons in the United States who were insured by a vehicle casualty insurance policy issued by any named defendants which required restoration of the vehicle to its pre-loss condition and/or replacement of damaged or destroyed property with property of like kind and quality, who made a claim for vehicle repairs pursuant to their policy and had non-OEM 'crash parts' specified or used in settlement of their claims.
The case was brought against 24 insurance companies, including most
of the major ones.
In confirmation of the adage that no good deed goes unpunished, the
thrust of the lawsuit is that these insurance companies conspired to
create an organization to certify the quality of non-OEM crash parts.
The organization is called CAPA, the Certified Automotive Parts Association.
One would think that the creation of such an organization would be a
positive. Indeed, the idea is similar to the creation of the well known
Underwriters Laboratories, which certifies appliances to keep them from
being fire hazards and which was also created by insurance companies.
CAPA certifies auto parts to ensure that cars are restored to their
pre-loss condition.
By giving the customers of the insurance companies comfort that they
are getting their cars repaired with quality parts, CAPA also provides
a viable choice to those customers. If it were not for the existence
of quality aftermarket parts, the OEMs would have a parts monopoly,
prices of crash parts would be higher, and the quality of crash parts
would be lower. The lawsuit of Mr. Hobbs, however, alleges otherwise.
It states that CAPA was essentially a fraud on consumers.
First, the lawsuit alleges that CAPA was controlled by the insurance companies. Second, the lawsuit alleges that CAPA uses a lower standard than parts of "like kind or quality," i.e., a standard of "functionally equivalent," although the lawsuit does not explain why this standard is lower. Third, the lawsuit alleges that this lower standard was knowingly foisted by the insurance companies on their customers.
In my opinion, there are numerous problems with this lawsuit. The principal
problem is one that impacts on all aftermarket competitors, not just
on manufacturers of generic crash parts.
That problem is that the lawsuit alleges that generic parts cannot
be as good as OEM parts. Paragraph 31 of the lawsuit reads as follows:
The obligation to restore vehicles to their pre-loss condition and/or
to use parts of like kind and quality … can only be met, in practice,
by requiring the exclusive use in repairs of factory authorized or OEM
parts …
This allegation is absurd and untrue. It is absurd because many so-called
OEM parts are made by contractors to the OEMs. Those same contractors
make non-OEM parts as well. Sometimes these parts are the same as the
OEM parts except for the label.
The statement that restoring the car to its pre-loss condition
requires OEM parts is untrue because it is quite possible for a non-OEM
manufacturer to make parts superior to those of an OEM. Indeed, OEMs
can and do make defective parts on occasion.
The point that affects all aftermarket competitors is that the lawsuit
bashes their reputation with no justification. This is not just a matter
of hurt feelings -- this bashing can have and has had significant economic
consequences for aftermarket competitors.
For example, because of the threat posed by lawsuits like this one,
some insurance companies have ceased using aftermarket parts. Because
the insurance companies are the largest purchasers of crash parts, this
cessation of purchases has a tremendous effect on the aftermarket competitors
that sold parts to the insurance companies and on the premiums that
the insurance companies have to charge their customers if the companies
have higher costs caused by OEM parts.
Therefore, in my opinion, it is in the interest of aftermarket competitors
in all fields to monitor this lawsuit and to take appropriate action
to get the truth out about aftermarket parts. Opportunities for appropriate
actions could include public relations or lobbying efforts. Without
such efforts, the public will be misinformed about the many quality
aftermarket competitors and the benefits that they bring to consumer.
Contents
You bet it is! It's what happened in the trial that makes it our problem. First, let's make sure we're all up to speed. A class action suit was brought against State Farm Insurance for using non-OEM (Original Equipment Manufacturer) body parts to repair auto collision damages. The plaintiffs won an unprecedented $1.2 billion awarded. It is now in appeal. Fine, you say. Those dirty insurance companies are always cutting corners and giving us the short end. Glad somebody caught up with them.
Not so fast, please. Look at the details of the case. If you're in the service business, any service business, you've just been put on notice that you're next. After the ruling, these same people have now filed suits against 24 other insurance companies and against the company the insurance companies use to test independent aftermarket parts.
Here's a short summary of what happened: Some people had bad experiences with some parts used in the repair of their cars. Instead of complaining to State Farm, they went to see lawyers. This in spite of the fact that their policies included the use of aftermarket parts, and that all parts were warranted. Six plaintiffs started the suit, but one had never even been in an accident or had any repair done. The lawyers shopped the suit through 11 jurisdictions before they found a court that would take it. The court ignored the policy agreements and warranty. The judge stated flatly in his decision that ALL aftermarket parts are inferior to OEM parts. He did not limit his decision to the automotive industry. Think of what this can mean to your business or department when there is no longer any competition to maintain quality and pricing.
Therefore, a great number of service based trade associations
are joining in supporting the appeal. A leader in this is the SIA (Service
Industry Association). They have decided to file a "friend of the
court" brief. They are also going to begin a public relations program
on the value of using aftermarket products
and non-OEM service. A Letter writing campaigns will also be started.
Your involvement is needed, if only for your own sake. Please get in touch with the SIA office and find out what you can do.
They'll need your support, we helped win the Kodak Case, and we'll
help win this one.
Contents
| Applied Biomedical Ed Bruno, President 1221 California Lane Arlington, TX 76015 817 469-7039 |
| S.O.M.A. Inc. Ed Blumenthal, Pres. 1819 Kentucky Blvd. Philadelphia, PA 19103 |
| S.A.T.S. Technology
Support Services Larry Gashi, President 941 360-0422 |
| ACES, Inc. Frank Rubino, C.O.O. 978 762-8777 |
| Service Trends Steven Debrock, CEO 770 514-1797 |
|
September 7 - 8 New York December 7 - 8 San
Diego |
Representatives from both of these organizations attended the SIA
Conference and met with the Board to discuss further affiliation opportunities
including teaming on future conferences, joint discounts and training
opportunities. The Board will be formalizing the discussions at the
May Board Meeting.
Contents
Eric Rocco of Dataquest gave a blistering account of Warranty Service
as it relates to Y2K and what the next two years will hold for the PC
Service Industry. His panel included Jade Systems and PC ServiceSource.
According to
Dataquest for the current time almost 64% of Desktops are under Standard
Warranty but that will reduce to 59% in 2001. Three years has become
the norm, but service levels have been reduced - one year onsite, 2/3
parts-only/carry-in, leaving opportunity for the sale of warranty upgrades.
Most of the top PC manufacturers use strategic service partners to deliver
most or all of their on-site warranty services. Compaq, HP and IBM are
the only majors that have their own field service force and they too
rely on an authorized reseller network for part of their service. Dell,
Packard Bell NEC, Gateway, Apple, and Toshiba rely solely on their Partners
for service. With the technology evolution data shows that 60% of users
actually prefer one-year. Authorized reseller support programs are building
in pay-for-performance incentives and Warranty Reimbursements still
viewed as cost-recovery and a means of getting bigger business. Exclusive
strategic warranty service partnerships are critical, but leave smaller
players in the cold. The stats also show that less than 20% of users
purchase any category of warranties at point of sale.
Contents
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Email: cbetzner@servicenetwork.org