LONDON, ON, Feb. 29 /CNW/ - On December 10, 2007, the Used Car Dealers
Association of Ontario (UCDA) served CarProof with a Statement of Claim
alleging that CarProof had misrepresented UCDA's services in CarProof's
brochures and on its web-site. CarProof has since retained counsel and
delivered its defence on January 4, 2008.
The UCDA claim seeks nominal damages of only $1,000.00 for CarProof's
alleged misstatements. UCDA has taken no steps to seek an order from the Court
to restrain CarProof's advertising on an interim basis. In fact, beyond the
exchange of documents in the litigation, no further steps have been completed
in the lawsuit.
CarProof has defended the action on the basis that its advertising fairly
and accurately highlighted the differences between CarProof's on-line vehicle
history searches and those offered by other providers, including UCDA.
CarProof regards the lawsuit as baseless and wholly without merit.
The real purpose of the litigation has emerged through UCDA's unusual
efforts to publicize it, said Holden Rhodes, CarProof's General Counsel. "It
seems that the UCDA is grandstanding by issuing and then publicizing the
claim. If the UCDA was serious about the allegations, it would have brought a
motion for an injunction to prohibit CarProof from distributing the brochures
which the UCDA alleges are misleading", Rhodes noted. "In fact, there are no
grounds for such a motion".
"We will continue to defend this frivolous action by the UCDA" said Paul
Antony, President of CarProof. "If the UCDA continues to publish erroneous and
inflammatory editorial about this case, we will be forced to launch a
counter-suit. The irony of it all is that we offered to partner with the UCDA
a number of years ago, but it declined the offer." added Mr. Antony.
CarProof is in the business of helping dealers, dealer associations,
manufacturers, auction companies, the Canadian Automobile Association,
lenders, insurers, law enforcement and consumers obtain the best and most
comprehensive vehicle history information available. The automotive industry
and consumers alike choose CarProof because it provides the most thorough
vehicle history report information in Canada.
"CarProof has been consulted by media and law enforcement across the
country as the leading experts in vehicle history information. It is no
surprise that almost every manufacturer in the country uses CarProof for their
due diligence. It is because we have the best data available. The more
puzzling issue is why the UCDA doesn't support full disclosure to its dealers.
Through CarProof, consumers have access to more information than UCDA members
who rely solely on UCDA's history information. Instead of promoting full
disclosure among its membership, the UCDA launched a law suit against
CarProof, the very organization that provides the most comprehensive vehicle
history disclosure in the country. What kind of signal does this send to
dealers?" said Mr. Antony.
For further information:
For further information: Paul Antony, President, Tel: (519) 675-1415,