Recently received from NSW RVP Darrell Meachum

Recently received from NSW RVP Darrell Meachum; this letter from NATCA's General Counsel addresses legal issues with our former Dental Plan provider in general and in particular a recent letter received by many Members that purports to come from NATCA Benefits. PLEASE read....

PLEASE FORWARD IMMEDIATELY TO ALL AFFECTED MEMBERS

John/Ruth/NEB:

On Friday, March 19, 2004, NATCA’s national office was informed that several members received a letter late last week soliciting enrollment in “the NATCA dental plans.” This letter was sent on NATCA letterhead, titled “NATCA BENEFITS”, and signed “Sincerely, NATCA Benefits”. THIS LETTER DID NOT COME FROM NATCA, WAS NOT AUTHORIZED BY NATCA, AND RAISES SERIOUS LEGAL QUESTIONS OF, AMONG OTHER THINGS, FRAUD AND TRADEMARK INFRINGEMENT. PLEASE INFORM ALL AFFECTED MEMBERS IMMEDIATELY THAT THIS LETTER IS NOT A NATCA-AUTHORIZED COMMUNICATION AND SHOULD NOT BE TREATED AS SUCH.

As you know, NATCA filed a lawsuit on January 9, 2004, against Dental Plans, Inc. (DPI), that firm’s principals, and others in which NATCA alleged numerous claims against that firm and its principals stemming from the dental plan that NATCA previously allowed DPI to market to NATCA members. That plan experienced serious financial difficulties and was terminated in January 2004. The status of the pending claims from that plan is one of the issues in the lawsuit that was filed on January 9. NATCA has not sponsored, endorsed, or authorized the marketing of ANY dental plan since last fall. NATCA believes that the communication received by NATCA members last week is a misappropriation of NATCA’s letterhead and a misrepresentation of NATCA’s position with regard to sponsorship or endorsement of particular dental plans. NATCA’s lawyers are preparing to take immediate action against the parties believed responsible for this communication.

Moreover, the letter received late last week by NATCA members was accompanied by a magnet in the image of a NATCA business card and identifying Ken Nation as a “Charter Member Retired” and a “Benefits Consultant”. This magnet contains the trademarked logo of NATCA and the title of our organization but then lists the mailing address of DPI and phone and fax numbers for DPI. Mr. Nation is a relative of one of the DPI principals being sued by NATCA and his use of the NATCA name and logo in this manner also is unauthorized. Again, all appropriate legal action will be taken as a result of the distribution of this magnet.

Please share the above information with any and all facilities and members that you believe may have received the unauthorized communication last week about enrollment in “the NATCA dental plans.” NATCA’s national office will send a separate letter to all former participants in the now-terminated dental plan who may have been specifically targeted for this mailing, but distribution of that letter may take a few days and it is imperative that NATCA members receive the above information in as expeditious a manner as possible.

Please feel free to call me with any questions or comments about this turn of events.

Marguerite L. Graf

National Air Traffic Controllers Association, AFL-CIO
1325 Massachusetts Avenue, N.W.
Washington, D.C. 20005

Phone: (202) 628-5451 ext. 4828
Fax: (202) 628-5767