Independently Owned Autoglass Replacement Shops
of the US Unite in Coordinated Class Action Suits.
PO BOX 737
AMSTERDAM, NY 12010
June 16, 1999
I am pleased to inform you that after 21 months of effort, and meetings with
scores of law firms, we have reached an agreement with a firm that is
willing to take our cases on a contingent basis. This firm is prepared to
file class action lawsuits, in numerous states across the country, on behalf
of the independently owned Autoglass replacement shops within that state.
They will decide which states are most appropriate after reviewing the
facts, and potential plaintiffs within a given state. All of the shops
within the state will be part of the class, once it is defined and
identified; unless they elect to opt out as a participant. It is important
to understand that even though these will be class action lawsuits within
given states, they will have national impact.
In each instance various "causes of action" will be cited. These,
essentially state that class members have a right to sue because a certain
law has been violated, and the class members have been harmed, as a result.
For instance; the class members have been harmed because a network illegally
steered customers in violation of the statute in that state which prohibits
steering, (first cause of action). The second cause of action might state
that class members have been harmed because the network refused to pay the
customary amount paid, (which they were reimbursed by the insurance company)
in violation of the state unfair business practices laws. Another cause of
action may utilize the Unfair Business Practices Act, alleging that the
networks, by illegally steering customers, have gained an unfair competitive
advantage. Since the only way the network could effectuate the illegal
steering is through the use of wire, and mail; fraud; RICO may be deemed
appropriate. The attorneys will decide, in each state, which causes of
action to are most appropriate to allege.
There are several reasons why we have elected to take action in individual
states, rather than a federal action. Some of the reasons are as follows. In
each instance we will be in front of a state judge whose constituents, both
glass shops and the public, have been effected. By filing numerous state
actions we eliminate the possibility of drawing one judge that may be very
conservative, or have sympathy toward insurance companies, and might dismiss
the action. We are able to bring the state's unfair business practice
statutes, and several states have very strong statutes of this type, to
protect the businesses that reside in the state.
In order for NAFSAGR to complete its mission, and in order for you to
benefit, there are several steps, which must be undertaken. The first, is to
identify between two and five shops that are willing to act as plaintiffs.
Once we have these, we will file the action, and request that we be granted
"class" status. The plaintiffs would then be the "Class Representatives,"
and have the only voice in reaching decisions about the suit. We also need
to gain minimal financial support from a limited number of other shops. This
will be used to set off any out of pocket expense for the plaintiffs; to set
off my expense, and provide me with some income during the process. It is
imperative that we establish a system that protects the plaintiffs from any
out of pocket expense. Bear in mind, there will be no legal expenses
incurred by plaintiffs. A lawsuit of this magnitude would require very
significant legal fees, probably in excess of several hundred thousands of
dollars. This firm is prepared to bear that expense.
Allow me to act as a "Dutch Uncle," for a moment. Our industry has been
devastated by the illegal practices of these networks, and insurance
companies. You have been harmed. Every time I have spoken, all over the
country, I have heard the complaints, the anger, the frustration, and the
despair. Only you can do something about this. I cannot make this happen,
without a few of you stepping forward. If you do nothing, chances are others
will also do nothing, and the end result is that nothing will get done to
end this. This opportunity will not come again. We can now try to put an end
to the way we are effected by networks. We can do so, with no legal fees.
We can do it, if you help, and recruit a few of your friends from the
industry to help.
Please contact me, at your earliest convenience, if you are willing to help
in this effort.
GLASS ACT GAINS STEAM
[ This is regarding class action against insurers for illegally forcing
unsafe auto glass repairs -- which can result in popout, passenger ejection,
and crushing of the passengers on a rollover, since the glass provides a
surprising amount of the structural integrity of the cab.]
There have been inquiries from several individuals as to how we will go
about bringing class action lawsuits in several states. There are several
steps necessary for me to assist you in your state.
A. Obviously, you need to contact me, and express an interest.
B. We will need between 3 and 5 potential plaintiffs in your state.
C. We will need approximately 10 to fifteen shops assist in offsetting
costs. This should be $100 - 150 per month for a limited time.
D. I will travel to your state and meet with the interested shops. At that
time I will explain in detail what evidence is needed, etc.
E. After one other meeting, the plaintiffs, will meet with the attorneys,
and the suit will be filed, on your behalf.
This is the opportunity to do something about what you have been concerned
over for several years. If you wish to do something about it, it is up to
you to contact me. We can finally do something to change our lives. I need
you to do this, please get in touch so that I may answer any questions you
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Created: June 16, 1999
Last Updated: May 28, 2000