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August 2003
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July 2004 NEWS UPDATE:
Suzuki and Consumers Union Agree on Dismissal of Lawsuit
We want to thank our readers who have supported Consumers Union throughout the course of this litigation. The case has been dismissed by joint agreement, and it cannot be re-filed. We no longer suggest that you write to Suzuki or General Motors about the case. CU continues to stand fully behind its testing and report on the Samurai, has issued no retraction or correction, and has paid nothing to Suzuki. Click on this link to see the full text of the Joint Public Statement announcing the resolution of the case.


What works against e-mail spam

CU's president Jim Guest.
I can't imagine keeping up with family, friends, and business contacts these days without e-mail. I'm frustrated and angry that such a convenience turned into such a hassle so fast.

It took Hormel Foods 65 years to sell 6 billion cans of Spam. It takes marketers less than three days to e-mail the same number of "spam" messages to America Online customers alone, turning one of our newest forms of communication into their cheapest selling tool. Who has the burden of fighting them off? Consumers. Every day, you have to comb through dozens of undesired--often vulgar--e-mails to find the ones you actually want to read. It wastes time and money, and it’s infuriating.

So far, our only recourses have been spam-blocking software (perhaps the most promising solution), consumer vigilance, and the few state laws strong enough to offer some relief. Though 33 states have anti-spam laws, some just require the e-mail to be labeled as an ad or an adult ad, and some protect only residents receiving e-mail from within that state or through a provider’s equipment located in that state. Pretty limited.

There are no federal laws yet; those being proposed don’t go far enough. They require only opt-out instructions (meaning you can tell the offending company you don’t want any more e-mail). Consumers Union believes opt-out is just another way to put the burden on the consumer. In fact, our research found that replying to spam may open you up to more by showing that your address is valid. Far better, but not perfect, would be laws mandating opt-in, which let consumers choose to receive messages from a given sender.

CU directs vendors who contact consumers by e-mail on our behalf not to use spam. We’re currently reviewing vendor contracts to tighten our controls.

For now, the most effective thing individual consumers can do is nothing: Don’t open spam, don’t reply, and don’t buy. Marketers continue spamming because it works often enough to be worth doing. When it doesn’t, they’ll stop.
Jim Guest's signature.

Jim Guest
President
 






SUZUKI SAMURAI CASE: UPDATE

In 1988, Consumer Reports tested the Suzuki Samurai and reported that it had tipped up severely and repeatedly during our emergency-avoidance-maneuver tests, while three other SUVs had no tip-ups at all. We judged the Samurai "Not Acceptable." In 1996, Suzuki sued for product disparagement, but in 2000 a federal district judge dismissed the case, finding Suzuki’s evidence too paltry to warrant a trial. In June 2002, a divided panel (2-1) of the U.S. Court of Appeals in California held that the lower court should allow Suzuki to proceed to a full trial.

In May 2003, Consumers Union’s effort to have the full Court of Appeals rehear the panel ruling was denied by a vote of 13 to 11. Writing the dissent, Judge Alex Kozinski said, " If Suzuki can get to trial on evidence this flimsy, no consumer group in the country will be safe from assault by hordes of handsomely paid lawyers deploying scorched-earth litigation tactics."

We believe this ruling threatens important First Amendment principles and should be heard by the U.S. Supreme Court. We are currently filing a petition for certiorari before the Court.