Posts Tagged legislation
I recently read the argument that attorneys for Safelite Group Inc. (Safelite) made relating to Connecticut’s Public Act-13-67(c) (2) in a glassBYTEs.com article. They argued that,
“it puts appellants Safelite Group Inc. and Safelite Solutions to a Hobson’s choice….”
“Hobson’s choice” refers to a businessman by the name of Thomas Hobson who ran a livery in Cambridge, England in the 1600’s. Hobson required that every rider asking to hire one of his horses to always take the horse nearest the door. If a patron didn’t want to use that particular horse no other horse could be used. A “take it or leave it” choice. As another source on the origins of the phrase states, “A Hobson’s choice is a free choice in which only one option is offered.” I thought using “Hobson’s choice” in this particular instance an interesting one considering the origins of the term. More on that later.
This link to the summary of the act that was first introduced in the Insurance and Real Estate Committee of the Connecticut House and ultimately signed by the Governor of the State of Connecticut required that in the handling of any insurance auto glass claim in the State of Connecticut that:
“The act requires that a glass claims representative for an insurance company or its third-party claims administrator, in the initial contact with an insured about automotive glass repair services or glass products, tell the insured something substantially similar to: “You have the right to choose a licensed glass shop where the damage to your motor vehicle will be repaired. If you have a preference, please let us know. ” By law, appraisals and estimates for physical damage claims written on behalf of insurers must have a written notice telling the insured that he or she has the right to choose the shop where the damage will be repaired (CGS § 38a-354).”
“The phrase Hobson’s choice goes all the way back to 17th-century England. For 50 years, Thomas Hobson ran a stable near Cambridge University. There he rented horses to students. Old Man Hobson was extremely protective of those animals. He rented them out according to a strict rotating system. The most recently ridden horses he kept at the rear of the stable. The more rested ones he kept up front. That meant that when students came to get a horse, Hobson gave them the first one in line—that is, the most rested. He’d let them rent that horse, or none at all.”
Perhaps you see where I was thinking that Hobson’s choice was an interesting phrase for the attorneys to use in their argument. First, Public Act-13-67(c) (2) is a duly enacted Connecticut law so their client really doesn’t get a choice in deciding whether they wish to follow it or not. As is their right, they can dispute the law which is obviously why the company is filing the appeals to the act which provides Connecticut consumers a choice in what company repairs or replaces their damaged auto glass. It’s just that at his stable Hobson didn’t want the same horse(s) being used each time by his patrons. Hobson wanted his patrons to use only the horse(s) that he wanted them to use. You can understand why Hobson wanted to rotate his horses so that each got equal use. Safelite wants Connecticut consumers to only use the auto glass repair and replacement (AGRR) company that Safelite wants them to use. In this case it would appear that Safelite is Hobson.
By enacting Public Act-13-67(c) (2), the State of Connecticut took steps it deemed appropriate to protect consumer choice for residents of the state. There are any number of AGRR companies operating in the State of Connecticut for consumers to use when they sustain auto glass damage. So is it “A Matter of Self-Interest or Consumer Choice”? Isn’t it Safelite that is attempting to provide Connecticut consumers with a Hobson’s choice?
“Any customer can have a car painted any colour that he wants so long as it is black.”
I read an article relating to the Novus Super Session at the organization’s Annual Franchise Conference held last week in Tucson. A representative from one of the networks that operate in the automotive glass repair and replacement (AGRR) industry in the United States attended the conference and discussed industry related issues and ideas. One of the issues discussed related to the responses to survey questions that the network had asked of some number of in-network shops that either are:
- required to bill through the network for the insurance or fleet work that these shops do for an insurance company that utilizes this network as an administrator or
- shops that are asked by the network to do work on the behalf of the network for an insurance company or fleet account that the network either can’t or doesn’t want their own company owned technicians to do for some reason.
The survey question that the representative said received the most comments related to unlicensed and/or unregistered AGRR shops. The network representative reported that when the survey responders were asked if they would support the regulation of auto glass shops in their states a resounding 74.2% responded with a yes. I think the question relating to regulation of auto glass shops an interesting one and I support the regulation of auto glass shops that do replacements.
When you consider all of the various “services” that are regulated by states, it is inconceivable to me that auto glass replacements (and other automotive repairers) are not. I looked on the web site of the Illinois Department of Financial & Professional Regulation (IDFPR) that oversees and licenses those considered “professionals” by the State of Illinois. There are 237 professions that are regulated by the IDFPR starting first with those who provide “Acupuncture” services. That seems like a profession that should be regulated. If you’re going to have someone perform acupuncture on you, would you want just anyone off the street be allowed to stick needles in you? Probably not. The listing ends with “Veterinary Technician”. The professional listings include some in the medical profession, but not every specialty is listed so if you add every regulated and/or licensed professional’s in the medical field to the list on the web site would be much longer. How does the state you live regulate those they consider professionals? Do you have 237 different professions regulated and/or licensed by your state?
I think it’s interesting that some of the professions that are regulated and/or licensed by the State of Illinois include:
Real Estate Appraiser Athlete Agent
Cemetery Customer Service Employee Community Association Manager
Detection of Deception Trainee Nail Technician
Shorthand Reporter Timeshare Resale Agent
Understanding that a few of the professions on the truncated list above taken from the IDFPR web site could, for instance, certainly cost you money if you had a bad appraisal via a Real Estate Appraiser, but in all likelihood none of these licensed and/or regulated professions are going to put your life at risk. A faulty windshield installation, on the other hand, could cost you and/or passengers riding in your vehicle serious injury or in a worst case scenario a life.
If you visit the AutoGlassSafetyCouncil.com or SafeWindshields.com site you’ll find a variety of information regarding the importance of windshields in auto glass safety. A question on the SafeWindshield.com site asks:
The windshield provides a significant amount of strength to the structural support in the cabin of the vehicle. For instance, in a front end collision the windshield provides up to 45% of the structural integrity of the cabin of the vehicle and in a rollover, up to 60%.
There should be no dispute regarding the importance of a windshield in ensuring the safety of auto and truck passengers, asking that those who install your windshield to be licensed and/or regulated doesn’t seem unreasonable to me? If in the State of Illinois the state government feels that there is sufficient need to regulate and/or license Nail Technicians, Athletic Agents or Shorthand Reporters, wouldn’t you think that the same state legislature would take a look at various automotive repairs that if not done properly, could cost someone a serious injury or death?
The network representative at the Novus meeting was quoted as saying that for those that the network surveyed:
“By far, the largest problem was unlicensed/unregistered shops.”
You can certainly downplay the network that provided the survey results when asking the question “What was the largest problem in the AGRR industry?” (some might suggest the right answer to the question is the network providing the information is actually the largest problem in the AGRR industry), but is it time to consider the licensing and regulation of the AGRR industry considering the importance of the windshield to occupant safety? Perhaps that licensing or regulation could include adherence and verification of replacements to the Auto Glass Replacement Safety Standard®. That might be an unpopular position for some, but would it be so bad? As auto glass professionals what are we afraid of?