Isuzu Files Lawsuit Against Consumers Union
31 July 1997
Isuzu Files Lawsuit Against Consumers Union; Automaker Demonstrates 'Consumer Reports' Intentionally Tipped Up Trooper
LOS ANGELES, July 31 -- American Isuzu Motors, together with
Isuzu Motors America and Isuzu Motors Limited, today filed a lawsuit alleging
defamation and product disparagement by Consumers Union of United States, Inc.
(CU), publisher of "Consumer Reports" magazine, and its technical director, R.
David Pittle. The suit, filed in federal district court here, charges that CU
and Pittle have defamed Isuzu and disparaged the Trooper sport-utility vehicle
by a continual and ongoing pattern of false statements concerning the safety
of the 1995 and 1996 Isuzu Trooper. With the filing of the lawsuit, Isuzu
will also be requesting that CU turn over all its secret files on this entire
episode.
The lawsuit cites, among other things, the decision last week by the
United States Department of Transportation, National Highway Traffic Safety
Administration (NHTSA), ruling against CU's petition for a defect
investigation of the Trooper -- a petition which CU based on its repeated
claim that the Trooper has a unique propensity to roll-over during real-world
driving maneuvers. NHTSA concluded, "Because of deficiencies in the CU short
course testing and since none of the other information reviewed by [NHTSA]
indicates that a safety-related defect exists, there is no reasonable
possibility that ... a safety-related defect in the subject vehicles would be
[found]."
In denying CU's petition, NHTSA reaffirmed the agency's earlier conclusion
that CU's test procedure is unscientific, noting that under CU's short course
procedure "dramatic differences in the outcome can be generated by the test
driver." NHTSA carefully examined CU's claims and conducted its own extensive
and rigorous testing. In denying CU's petition against the Trooper, NHTSA
concluded that CU's testers used different steering inputs when they drove the
Trooper. Terry Maloney, senior vice president and general manager of light-
vehicles for American Isuzu Motors, added, "We feel vindicated by NHTSA's
decision. We have been saying all along that CU's false claims are based on
deliberate driver manipulation, using a discredited test procedure which
cannot be replicated and which bears no relation to real-world accident
avoidance maneuvers."
"We have filed this lawsuit to protect the honor and integrity of the
thousands of people around the globe who design, build, sell and own Isuzu
vehicles," said Maloney. "We do not take this step lightly. We are not in
the business of lawsuits. In fact, Isuzu has never before filed a lawsuit
like this. However, we also do not take lightly this type of irresponsible,
groundless, and continuing attack on our integrity and the integrity of our
people and our products."
Maloney continued, "The Isuzu Trooper is a safe vehicle. CU knew this
when they originally recommended the 1995 and the 1996 Trooper in their Annual
Car Guides. They knew it when they deliberately manipulated a Trooper to
cause a tip-up in their so-called test in June of last year. They knew it
when they first published the results of their so-called test last August, and
every time they kept repeating their false statements about Isuzu and our
Trooper. And they most certainly know it today, as they continue their
pattern of disparagement and defamation even after NHTSA's denial of their
petition."
Maloney noted, "When we brought their errors and flaws to CU's attention
last September, CU responded by putting out still more falsehoods. After
NHTSA denied CU's defect petition last week, we demanded that CU retract their
false statements. In response, CU not only rejected our demand for a
retraction, but they continued and even stepped up their campaign of
disparagement against Isuzu and the Trooper."
As Maloney explained, "In light of CU's conduct, we have reluctantly
concluded that the only sure way to bring an end to CU's campaign, the only
sure way to defend our integrity and to reestablish our good name, is to prove
in a court of law that the falsehoods orchestrated by CU are just that.
Fortunately, our system of justice, with its guarantee of a trial by jury,
provides a truly unbiased forum where we will have the opportunity to prove
the truth about our Trooper -- and expose the falsehoods spread by CU -- to a
jury of fair-minded people."
Maloney pointed out that CU originally gave the same 1995 and 1996 Trooper
CU's "Recommended" rating and even continued to recommend the Trooper for over
two months after its so-called "testing" in June 1996. He observed that at
least 25 other publications have tested the Trooper and given it favorable
reviews.
The Trooper's outstanding safety record was cited by Maloney: "CU's false
statements are not supported by real world accident statistics. In fact, even
today, with more than 40,000 of these vehicles in operation on America's
highways, we have no confirmed report of a Trooper rolling over the way that
CU predicted."
Maloney noted that many people had urged Isuzu to take this action: "In
filing this lawsuit today, we are confident of support from the many Trooper
owners and dealers who have stood by us and our products in the face of CU's
falsehoods. I want to share just two of the unsolicited letters we have
received from real-world consumers who testified to the quality and integrity
of our Trooper in real-world driving --
(1) One Trooper owner wrote --
"I just wanted to let you know that I have never had a problem with my
1995 Trooper and it has been one of the best vehicles that I have owned. I
found the info [that you sent] informative, but again, [I] knew that the test
data [from CU] was not accurate. Besides, I wouldn't get rid of [my Trooper]
for anyone, I love my Trooper!
(2) A second Trooper owner wrote --
"I have over 19 years of driving experience all over the world
([including] 9 on Germany's Autobahnen) in many different types of vehicles,
and I can only say the Isuzu Trooper is one of the most solid and best
engineered vehicles I have ever driven."
Although Isuzu's lawsuit may take some time to go through the court
process, Maloney expressed confidence in the final outcome, "We are looking
forward to the opportunity to put all of our evidence before an impartial jury
of fair-minded people here in Los Angeles. We have no doubt that the ultimate
jury verdict will definitively vindicate the Trooper and restore our good
name." Maloney emphasized that, while Isuzu's lawsuit seeks to recover the
millions of dollars in losses caused by CU's ongoing defamation and
disparagement, monetary damage is not the fundamental issue. "This lawsuit
is, first and foremost, about integrity and truth, about putting a stop to
CU's campaign of falsehoods, and about restoring the good name of our company,
our people and our products."
SOURCE Isuzu News Bureau
