WGRReports May/June 2019

Campfield v. Safelite Lawsuit Partially Dismissed

The Campfield v. Safelite Group lawsuit, originally filed in August 2015, was partially dis-missed by an Ohio federal court judge in March. The court denied Safelite’s motion to dismiss certain statements within Ultra Bond’s amended complaint with regard to repairing a windshield crack longer than six inches. But the court did grant Safelite’s motion to dismiss “with respect to the dollar bill rule that Safelite made” as well as statements that it allegedly ghostwrote for insurance companies.

The lawsuit was filed against Safelite Group Inc., Safelite Solutions LLC and Safelite Fulfillment Inc. (collectively, “Safelite”). The ongoing case involves allegations against Safelite related to their windshield replacement advertisements. The suit was filed by Richard Campfield, Ultra Bond owner and president. Previous court documents state Ultra Bond developed a method of repairing windshield cracks that exceed 6 inches in length. Around the same time the company announced this development, Campfield claims Safelite began advertising that all windshields with cracks exceeding 6 inches must be replaced, according to his amended complaint.

“The court finds that Safelite Solutions’ statements to its policyholders in its role as a claims administrator are not commercial advertising or promotion under the Lanham Act … [M]aking a false representation for a purpose other than competition is not acceptable,” a portion of the latest court opinion and order reads.

In regard to Ultra Bond’s allegations involving Safelite ghostwriting brochures, the court sided with Safelite under the Lanham Act. “The court grants Safelite’s motion to dismiss [statements regarding its dollar bill rule]. However, the court cannot say the same at this stage for the alleged statements that were directly made by Safelite to insurers or end consumers,” the order reads.

The court also ruled in favor of Ultra Bond.

“Statements that a windshield crack longer than six inches can-not be repaired, if false, are at least impliedly statements about the nature and quality of Ultra Bond’s products that repair cracks longer than six inches … At this stage Ultra Bond’s amended complaint creates at least a plausible inference that statements either are literally false or mislead a significant number of consumers,” a portion of court documents read.

 Company News

Novus Glass Welcomes New Franchisees

Novus Glass announced the addition of its new franchisees, Walt, Mary Ann and Connor Michlanski, to its franchise network. The Michlanski family is the new owner of the Novus Glass franchise in San Diego County, Calif., formerly operated by 39-year Novus veteran Wayne Sonniksen.

“Owning our own business has always been a dream of ours,” said Connor. “Novus gave us the opportunity to realize our dream as a family.”

Looking to reach and service even more customers in their area, the Michlanski family has expanded the company’s service offerings to include auto glass replacement, windshield wiper and mirror replacement and headlight restoration services, according to a release.

“Walt, Mary Ann and Connor, will do an excellent job representing Novus in the San Diego area,” said Ted Andersen, Novus North America operations vice president.

To view the laid-in version of this article in our digital edition, CLICK HERE.

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