Diamond Triumph Auto Glass, Inc. vs. Safelite Glass Corporation US District Court, Middle District of Pennsylvania

The Situation

An auto service provider claimed that a call center was ignoring consumers' stated preferences and steering them to a competing service shop. As evidence of their claim, they relied upon a sample of recorded phone calls to the call center.

NERA's Role

NERA was asked to review the sample selected by the auto service provider. Based on our evaluation, we not only demonstrated that the sample of calls was unscientific and biased, but that the results of their sample did not support their claims. In addition to evaluating the auto service provider's sample, NERA was asked by the operator of the call center to design a scientific sample of calls to determine the extent to which the call center honored consumers' preferences for auto service shops. The results of the NERA sample were to be projected across the universe of more than one million service requests. NERA experts selected a sample of 2,600 recorded calls, listened to them, and coded them to determine whether call center operators honored consumers' choice of shops. The scientific NERA sample established that an overwhelming majority of consumer preferences were honored.

The Result

The NERA sample resulted in scientific and reliable findings without a need for the call center to undertake a time-consuming and expensive review of all one million service requests. Our work assisted the call center operator in reaching a favorable settlement agreement with the auto service provider.