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What Would You Do?


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Had a customer come in a week or so ago claiming his Speedfilm was looking bad and it had just been done a few months ago( turns out from a body shop I haven't worked with in nearly two years).   He shows up and has an insurance estimate with Speedfilm listed for replacement, but we obviously didn't do the work.  Since he was my original customer, I told him we would replace it and I would settle it with his insurance company, couldn't let him go around with his bumper looking so bad thinking it was our stuff.  The film was turning brown in some areas, tore in little pieces, and shattered like glass when removing.  It also left glue all over the place and took several hours just to get that junk off the car even though it had only been on since April.  Obviously not the product I use.

 

I received a call today from the insurance company apologizing for the mix up, but they too were taken advantage of by this body shop in that they were paid to put a specific product on the vehicle and got the old bait and switch.    I guess I should get an attorney involved since I have a feeling this body shop has been using my name ever since I quit servicing the account.  That would mean going through all the work orders they have done since January of 2014 to see if they indeed used my company name and let another company do the work. 

 

The question is what should I do if someone else calls with this issue?  Should I try and sue the body shop for every PPF job they did using my name or just be happy if I can get the money for this replacement and move on?  

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Here in the UK we could act on that and you would be entitled to recompense for passing off

If it were me I would go for the throat

However not sure what the laws are where you are

It's not just about the one incident or this one account

If the word gets around that vendors can leech off your name what could that end up costing over time

Sadly our industry is littered with examples of folk thinking it's okay to rip businesses off whether through bait and switch or IP issues

It's always a tough call hope it works out for you

:)

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I would at least send a letter to stop using your name for work that is not being done by you. Get this situation taken care of, while making sure you have your ducks in a row so that if it does happen again, you've got enough ammo to file something in small claims court. Just make sure you go through your records to make sure you haven't indeed done any work for them in the last 2 years. Again, it's time and energy so you want to make sure it is worth your time. Your name won't be tarnished if you show and prove to the customer it's not your work if the situation does happen again. It will be mud in the body shop's face for lying.

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Right now I'm waiting to see what the insurance company is going to do. They hold all the leverage right now as far as pulling their business from this body shop. I'll give it another week or so before having my attorney give them a ring, at which point I will go for the throat. They would have to realize they would lose if this ever goes to trial and all the time looking though their past would be on their dime as well.

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