TPA network participation agreements that require members to agree to set prices violate antitrust price fixing laws because two or more shops in competition with each other are agreeing to pricing in order to get preferential treatment over non members without justification.

TPA's do not represent the interest of network members. They are 100% agents of the insurance companies that contract their services. They do the insurance companies bidding plain and simple. Auto insurance policies are not PPO policies (yet). Policyholders still have a right to choose what shop works on their vehicle(s). Of course, insurance companies want to contain costs but coercing vendors to submit to dictated prices also violates antitrust laws. Submit to our prices, say the insurance companies, or we will tell our policyholders that your shop "may" cost them out of pocket expenses and that your warranty "may" be defective and that your shop "may" take longer to get the job done etc. Insurance companies follow through with their threats too, evidenced by the carefully crafted scripts that TPA's are required to use.

You know what I'm talking about. The ones that gloss over the policyholders right to choose and go something like, "while you may choose any shop, the one you have chosen, "may" cost you out of pocket expenses and has not agreed to our pricing. Your insurance company does not warranty their work, please be sure to go over their warranty. Are you sure you still want to use "that" shop over one of our "preferred" shops?"

Insurance companies call it "truthful commercial free speech". We call it bad mouthing. It is only truthful because they use words such as "may" to qualify barbs and innuendo.

What if insurance companies were required to say, "You have an absolute right to choose any shop to work on your vehicle. We do have several shops that "may" have illegally capitulated to our price fixing demands even though the prices are below what is reasonable thereby helping us to increase our stock price and pay our stockholders higher dividends. These preferred shops "may" use ill fitting aftermarket parts and "may" rush your job to meet our requirements. We also are required by law to warranty our "preferred" shops work since we are trying to get you to change your mind and be steered to one of our "preferred" shops."

How many shops would join the network? How many shops will continue to be manipulated by the insurance industry?

The Connecticut law forces them to say "you have the right to choose the glass shop of your choice, if you have someone in mind please tell us now." Also TPA's cannot speak about other companies warrantees or that it may cost more to use us!

It's not perfect but it's a start and by the way some TPA's are fighting it a good start. Why not try and pass it in your State.

I am well aware of your new law, however, it is apparently not being followed as was evidenced by the NBC investigative report.

I have also noticed that the Insurance companies have been eerily silent on the issue. They probably don't have any intention of following that law.

Unfortunately your State legislature recognized the problem but tried to fix it by forcing more steering. Why don't your State law enforcement officials enforce the law(s) on the books?

http://www.glassbytes.com/2014/09/hot-news-circuit-court-orders-a-preliminary-*****ction-against-connecticut-anti-steering-law/

Check out the above story! Unbelievable!! Read the comments at the end of the story. The judges honesty is being called into question....What has our judicial system turned into? OMG

Dave I agree with all you wrote let me share something that happened about 3 weeks ago . I am registered to AGSC and all my tech are certified . As I have found out thru what I have wrote this doesn't seem to be as popular as I would hope or expect.
That said I had a small network try to tell a customer exactly what your were talking about if they use my shop they would have to pay and the warranty wouldn't apply typical scare tactics. The customer had been told about my life time warranty and our certified techs and wasn't being pushed around here is what I told that network .
IF YOU FORCE OUR CUSTOMER TO GO ELSE WERE OR MAKE THEM PAY OUT OF POCKET I WILL SEE YOU IN COURT. WE ARE THE ONLY SHOP WITH TRAINED CERTIFIED TECHS THAT ARE VERIFIED THRU agsc AND WE ARE THE ONLY REGISTERED SHOP IN OUR AREA . MY SHOP IS ALSO ON SAFEWINSHIELDS.COM. A FEW HOURS LATER MY CSR GOT A CALL FROM THE INSURANCE COMPANY TELLING US TO DO THE JOB AT OUR RATE AND BILL THEM DIRECT.
THAT TELLS ME THIS CERTICATION STUFF HAS VALUE AND IF I HADN'T BEEN CERTIFIED I WOULDN'T HAVE BEEN ABLE TO MAKE THAT STATEMENT . PROBABLY WOULD HAVE LOST THE JOB. BECAUSE WE HAD PROVEN CREDENTIALS MADE THE DIFFERANCE.

TFC,

I hope you helped your customer file a complaint with the department of insurance in your state. The more we get the customers involved, the more the powers that be will listen.