A Letter to Impact Racing

[jmarkaudio]

I don't expect a response from them on this letter, however I hope everyone that reads this will carefully consider who they buy their safety products from.

Robbie Pierce
CEO
MasterCraft Safety
Impact Racing
9335 Stevens Road
Santee, CA 92071

Dear Mr. Pierce:

This letter is in reference to the decertification of Impact Racing suits. I am one of the many racers that were affected by what transpired; I can only guess that those affected number in the hundreds if not more.

In November of 2008, I purchased a brand new SFI 3.2A/5 jacket and pants, 3.3/5 gloves and shoes from Vickery Speed Shop. The pants were not in stock, and it was not until February of 2009 that I finally received the correct pant size. As my engine was torn down at the time, I was unable to race and did not wear the suit until November of 2009. I wore the suit for eight races total at which point the issue over the tags arose, and I have not worn the suit since that time.

I understand that the quality of the suits were never questioned, only the SFI tags used thereon. While there should be no reason that the tags themselves should render the suits defective, or be unable to be replaced similar to a recertification allowed on other SFI items, SFI will apparently not allow that to happen. Because (i) Impact is responsible for the placement of counterfeit SFI tags, (ii) the suit I purchased has no expiration date, and (iii) my suit has no physical defects, Impact should replace my suit at no cost me. Even though your company, Mastercraft Safety, had no direct involvement in what transpired, your company’s purchase of Impact Racing and assuming Impact’s name creates a moral obligation to replace my suit, and possibly an equitable obligation to do so under a court of law.

I addressed my situation with Kelly Clouser, one of your representatives, at the PRI show in Orlando, Florida. I discussed with Kelly my circumstances, and also that I was previously told by an Impact Racing representative that the only solution they could offer was a new suit at half the cost. In speaking with Kelly, she led me to believe that she could replace my suit at no cost to me. Kelly spoke to me briefly and then I was transferred by Kelly to a lady named Diane. I sent my suit and all of the related information at my cost to Diane. I waited until after the first of the year to call because of the holiday season. When I did, I was informed by Diane that they were waiting on a decision and to call back the first of the next week. I was informed when I called back again that they could do no more than what was previously offered to me by the prior Impact Racing representative.

So I hope you understand that I am disgusted with how my situation was handled by your company and the company you purchased. Impact’s unwillingness to take responsibility for these dishonest acts and to take care of it’s patrons is shameful.

I was told it would cost approximately $440 (actually more than half the price I paid) to replace my suit with your company. However, after further research, I found that I can buy a new pair of comparable jacket, pants, gloves, and shoes that meet the same specs from Jegs for less than that price. I originally bought the suit from Impact thinking that Impact suits were of better quality. Unfortunately, it seems not only did I not get what I paid for (i.e. an SFI legal suit), but I got something that now has no value to me at all.

In closing, I will NEVER buy another product from either Mastercraft Safety or Impact Racing. I will also make it a point to spread the word of my experience with your company and will hopefully dissuade others from buying from your company as well. I will also be sure to post details of my experience, as well as this letter, on the many racing forums I frequent on the internet. While you may feel this is unfair to you, how it affected all the racers facing this situation is something you should have considered prior to buying Impact Racing. It seems too common these days that companies do not care about the quality of their products and even more the customers they service, and unless people decide to stop buying from these companies nothing will change. Hopefully this letter will make a difference.


Regards,
Mark Whitener

[wikd69]

Mark,

Good move.

I hope the principals at MasterCraft and Impact pay attention to this. Any company who would knowingly provide counterfeit SFI labels in this manner deserves to be put out of business. If not, they collectively need to pay a price to remain viable and in play.

One thing to consider is possibly a class action suit against Impact and their new owners. The fact that you (and many others) were swindled out of large amounts of cash is something you could get a lot of traction with in a civil court setting. Corporations need to be held accountable and not only would a class action suit provide you (and others) some relief, but any punitive damages awarded would 'encourage' Impact from future transgressions.

A lot of folks are not aware that a Corporation is like a person, in that it can be held liable for it's failure to deliver and/or abide by the law. And just because there are new shareholders or investors behind the facade does not exempt that Corporation (Impact) from it's responsibilities. In fact, the concept of a 'corporation' was invented to fill the role an individual might otherwise hold in conducting business, with many of the same rights, obligations and responsibilities of that individual.

( Sorry, I'll shut up now )

Excerpt:

A class action lawsuit is filed on behalf of a group of people who have been in some way injured by the actions of a company. It is common to see class action lawsuits filed by members of the company if hiring or salary practices have been illegal. Another type is the class action lawsuit filed against a drug company for making illegal claims about their product, or for causing deaths or physical damage to those taking the drug.

When one joins a class action lawsuit, one usually has to sign papers declaring that he or she then forfeits the right to sue the company as an individual. A successful class action lawsuit awards damages to the plaintiffs, who are those suing the company, according to greatest damage. In most cases not all members of the suit are entitled to equal compensation. Usually the attorneys work on a contingency basis, which means that they will receive a portion of the award but charge their clients no fees if the suit is not successful. That portion can be high, ranging from 30 to 50 percent of the total award.

Awards from a class action lawsuit are split into two portions: punitive and compensatory damages. Compensatory damages are meant to address the defendants (those being sued), and direct damage. These funds will be used to address actual damages caused by the defendants, such as illness, loss of life, and/or pain and suffering. Punitive damages from a class action lawsuit are a form of punishment for the company committing illegal acts, or causing harm. Punitive damages in large class action lawsuits can be particularly high, when it is demonstrated the company has shown great disregard for the health, safety or emotional well being of the plaintiffs.

Class action lawsuits may become jury trials, or may be settled prior to a trial. A suit may be tried in directed mediation. Settlements and mediation mean that damages are agreed to by the defendant/s. Jury trial class action lawsuits can create problems because a company leveled with heavy punitive and compensatory damages can appeal the decision. The appeal process may last for years, so plaintiffs may have to wait a very long time before seeing any money. Companies can also declare bankruptcy, which means the plaintiffs may never be awarded any money.

One of the most well-known class action lawsuit is explored in the film Erin Brockovich. The film is a biopic detailing the class action suit on behalf of the residents of Hinkley, California. They sued Pacific Gas and Electric (PG&E) for lying about using the chemical hexavalent chromium, which then seeped into the ground water and contaminated the water supply. Many residents of Hinkley then became ill with cancer, or had fertility problems. As well, animals living in the small town died quickly.

While you are not dealing with an 'Erin Brockovich' sized issue, the fact is you were sold a worthless piece of safety equipment which could have put your (and others) life in danger. I'd say this is almost criminal in nature, given the circumstances. This would play very well in front of a jury.

[John_Heard]

Did Mastercraft also buy Stroud???

[CDR Performance]

Did Mastercraft also buy Stroud???

No.

[wikd69]

Please don't draw the opinion that I'm big on lawsuits and the like - lots of folks have become nuts about suing for anything and everything but that's not me.

I would just hold a grudge against anyone who would put me at risk to make a buck. Falsifying safety gear certification falls in that category.

[jmarkaudio]

The issue with a class action is that if Mastercraft only bought name and inventory, they have no legal liability. It would be suicide to assume the old corp. IF you could prove Simpson sold it to avoid an inevitable class action the could be a case against the shareholders even if (probably) the original Impact corp was quickly dissolved. Tough and expensive to prove, only the lawyers win.