According to the plaintiffs, a recent program
touted by AAA to heighten consumer choice instead funnels work away
from independent glass shops toward Harmon Auto Glass, headquartered
in Minnesota. The suit seeks damages in excess of $25,000 and an end
to the AAA Michigan - Harmon relationship.
"The customer is being guided like thread
through the eye of a needle to Harmon," said Farrah, who is also
president of the 100-member Glass Choice Association of independent
glass installers. "As a result, I've seen my AAA referrals drop
at least 80 percent since April."
At between $160 to $200 dollars per customer, the lost revenue is
putting a crack in his profits. Farrah said auto glass repairs
normally comprise 12 to 14 percent of his annual sales.
Nancy Cain, spokeswoman for AAA, said the insurance company
receives nearly 65,000 windshield claims annually. Farrah doubled the
figure to include total claims for all kinds of auto glass. If the
charges are true, AAA and Harmon are violating the Michigan Consumer
Protection Act and Uniform Trade Secrets Acts, according to the
plaintiffs' attorney Jay Schwartz.
"If this keeps up," said Farrah,
"the independents will be out of business and the consumer will
lose."
"I respectfully disagree," said Cain.
"The program is in the best interests of our members. It's the
latest of many innovative programs that have helped us reduce
insurance premiums 5 percent since August."
"My rates haven't gone down," answered
Farrah. Back to the lawsuit, the accusations were denied by both
defendants. Cain said Harmon was contracted in April to operate a
toll-free customer service center to process glass claims.
"The operators give out the names of
conveniently located glass repair shops -on a rotating basis,"
said Cain in a statement echoed by Michaela Diercks, Harmon's vice
president of marketing.
Citing the suit, Diercks said she was unable to
elaborate. "We haven't seen the lawsuit," she said,
"and can't comment on it."
Yet both representatives said glass shops in AAA
members' hometowns have an equal chance to receive a referral. In what
the defendants said was a coincidence, calls by the Grosse Pointe News
to the AAA-sponsored, Harmon-operated customer service center resulted
consistently in referrals to Harmon repair shops. The unsolicited
recommendations included an upbeat tag line that a Harmon repair truck
can "come right to your home."
"That's not surprising," said Farrah.
"The Harmon store in Grosse Pointe is really a mobile operation
that rents space in a car wash. They don't have a ‘store’ in the
sense people normally expect."
A News follow-up call to the AAA call center
(Harmon) confirmed that IXL was authorized to make repairs covered by
AAA.
In the test, referrals to independent repair shop s
occurred only when the News' caller asked for a repair shop in a city
known not to contain a Harmon outlet. No promotional statements by
Harmon operators attended referrals to non-Harmon stores.
"We can document more than 100 steering
incidents," said Farrah.
Describing a situation that brought to the
plaintiffs "minds an image of a fox guarding the hen house,
Farrah said the AAA - Harmon deal "is like making a customer call
Steak & Ale for dinner reservations at Win Schuler's".
Farrah's "not mad at AAA, just Harmon,"
he said. "But because AAA contracted with Harmon, we have to sue
both companies. Consumers should know they can go wherever they want
to go to get their auto glass repaired."
Farrah said he and his colleagues warned AAA last
winter something bad would come of the Harmon connection. AAA’s
actions have coalesced the independent storeowners to action.
"The owners used to be fragmented," said,
Farrah, "but no longer. They're in a fight for their lives."