latest. 8/22/10
NSF lawsuit againts Gillis and CAPA
Ladies and Gentlemen:
As most legal matters become a matter of public record, allow me to inform you directly this morning that I have learned that NSF International has filed a lawsuit against Jack Gillis and CAPA.
Charlie Hogarty, Dolores Richardson and I were made aware that more than a week ago, attorneys for NSF addressed a letter to Jack Gillis demanding a public retraction from what they claimed were misstatements of fact and out and out distortions of NSF’s position in relationship to the automotive aftermarket and its certification programs.
As you know, those charges were made in an open letter which Jack Gillis sent on July 28, 2010, to both Charlie and Dolores with a marked copy--by name--to me. He also widely circulated that same letter to industry lists which included the CAPA Board, CAPA Distributor members, the CAPA Distributor Mailing List and one to his director of operations, Debbie Klouser.
The attorney for NSF International gave Jack Gillis a deadline for making such public retraction.
It is obvious that Jack did not fulfill those requirements for which NSF attorneys were asking. This is the next step. All of our members have every right to know that this issue is far from settled and that Gillis, in deciding to publicly attack not only ABPA but also NSF International--that is what an open letter is all about--may have bit off more than he can chew?
Equally important, we do not know what damage all of this legal maneuvering will do to the cause in which we have always professed--bringing quality independently produced alternative parts to the marketplace. Those who constitute our audience, especially the body shops and the insurance underwriters, must be looking at some of those entities which have long maintained a presence on the periphery of our industry and wondering why now they would choose to become part of the gang which couldn’t shoot straight.
Regardless, we all must live with the consequences and the first part of any problem solving exercise is to know the situation. This is the latest update.
Stan Rodman
Here is the notice sent to ABPA from its NSF liaison, Bob Frayer: Robert W. Frayer Jr., PE is Director of NSF’s Automotive Aftermarket Parts Certification Program and Engineering. He can be directly reached at 734-827-6825 phone or via e-mail at: Frayer@nsf.org
NSF International has filed suit against the Certified Automotive Parts Association (CAPA) and CAPA Executive Director Jack Gillis.
The NSF suit is in response to an “Open Letter” that Gillis, in his capacity as CAPA’s Executive Director, circulated to members of the Automotive Body Parts Association on July 28, 2010. The suit seeks an injunction and damages for false and misleading statements about NSF’s Automotive Aftermarket Parts Certification Program and other NSF programs, qualifications and abilities.
Gillis’ statements were made in an apparent attempt to harm NSF and NSF’s 65-year stellar reputation for protecting the public health and welfare, and to improperly imply that CAPA is superior to NSF in connection to automobile part verification/certification.
Gillis declined an opportunity to retract his letter and correct the record. NSF International has filed this suit to protect its name, 65-year reputation for protecting and improving public health and safety worldwide, and the integrity of the NSF Mark. The NSF suit alleges unfair competition under 11 USC 1125 (a), common law unfair competition, violations of Michigan’s Consumer Protection Act, business defamation and injurious falsehood. The suit was filed in U.S. District Court for the Eastern District of Michigan, Southern Division case no. 10-13309.
NSF is a not-for-profit, independent, public health and safety organization and a leader in standards development, product certification, education, and risk-management. Founded in 1944, NSF operates in more than 120 countries worldwide and is committed to protecting human health and safety. NSF’s services include testing and certifying products and writing public health and safety standards.
NSF International is accredited by the American National Standards Institute (ANSI), the official U.S. representative to the International Standardization Organisation (ISO). NSF’s testing laboratories are accredited to ISO Guide 17025, the international standard for laboratory accreditation. NSF’s ISO 9000, QS 9000 and ISO 14000 management system registration programs are accredited by the ANSI-ASQ National Accreditation Board. NSF is one of the largest automotive registrars in the world. NSF launched an industry first, parts certification program for front bumpers, step bumpers, absorbers, rebars and brackets in early 2010, to counter the growing concerns that lower quality parts were being used in the automotive repair industry. NSF’s Automotive Aftermarket Parts Certification Program verifies that aftermarket auto parts meet rigid safety, quality and performance standards through testing and inspections.
CAPA is a direct competitor of NSF in the area of automotive parts certification, and while NSF welcomes the competition, the competition must be in compliance with applicable law. NSF believes the Defendants’ many false and disparaging comments regarding NSF’s qualifications and the NSF Automotive Aftermarket Parts Certification program constitute Unfair Competition Under 11 USC 1125 (a), Common Law Unfair Competition, Violations of Michigan’s Consumer Protection Act, Business Defamation, and Injurious Falsehood.
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