Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part V - Automotive Industry
Subpart 1 - Motor Vehicle Commission
Chapter 11 - Vehicle Repairs and Services
Section V-1103 - Unfair Acts and Practices [Formerly Section 1503]
Universal Citation: LA Admin Code V-1103
Current through Register Vol. 50, No. 9, September 20, 2024
A. It shall be an unfair act or practice, in connection with a transaction involving motor vehicle repairs and services for a supplier of such repairs and services to do any of the following:
1. if specifically requested by consumer,
when the anticipated repairs exceed $125, then to fail to provide in advance,
to a consumer seeking repairs and services, a written original estimate of the
cost to the consumer of all anticipated repairs and service, including any
charge for disassembly or reassembly of any parts disassembled for inspection
and any service charge of any type to be imposed:
a. such written estimate shall include, in
separate columns an itemized list of each anticipated repair to be performed,
the anticipated labor charge involved for each repair, and the cost to the
consumer of anticipated parts to be replaced;
b. the requirement of
§1103 shall be satisfied by the statement
of a flat rate price if such repairs and services are customarily done and
billed on a flat rate basis;
c.
notwithstanding anything herein to the contrary, if disassembly for inspection
is necessary to determine the extent of anticipated repairs before an original
estimate can be given, then any charge for such disassembly and/or reassembly
shall be disclosed in advance: provided further that the amount of the charge
referred to herein shall not be conditioned upon the consumer consenting to
performance of the inspection by the supplier who performs said
inspection;
d. a fair charge may be
made by the supplier for the service of preparing this written estimate; said
charge not to exceed $5 for an estimate up to $200 and not to exceed $10 for
estimate in excess of $200 if same is made on the premises of the supplier, and
notice of this charge must be posted as designated in
§1103. A 3;
2. if an original written estimate
is requested by a consumer, then, to fail to obtain oral or written
authorization from the consumer for subsequently arising unanticipated, but
necessary, repairs, services, parts and labor, when those repairs, services,
parts and labor will exceed the cost estimated in the original estimate, or
itemized part thereof, by more than 25 percent excluding tax:
a. when unanticipated, but necessary,
repairs, services, parts and labor are needed and authorization to perform same
is obtained from the consumer, the cost of these additional repairs, services,
parts and labor shall be separately estimated in writing and a copy of this
separate estimate made available to the consumer;
3. to fail to post in a conspicuous place in
the service reception area a sign with a white background and having black
letters at least 1 inch in weight which reads as follows:
a. Notice to our customers:
i. "You may request a written estimate, in
advance, before authorizing us to repair your vehicle if it is anticipated that
such repairs might exceed $125. Our charge for such estimate is $__ for any job
up to $200 and $__ for jobs in excess of $200";
b. provided that the supplier makes no charge
for a written estimate then he may delete the last sentence of the above notice
and insert in its place a statement that no charge is made for the
estimate;
c. provided further that
the supplier may at his option, change the $125 requirement to a lesser
amount;
4. to fail to
reassemble any parts disassembled for inspection unless the consumer is so
advised prior to acceptance for inspection by the supplier;
5. to willfully represent that repairs are
necessary when such is not the fact;
6. to willfully represent that repairs have
been made when such is not the fact;
7. to willfully represent that the parts
being inspected or diagnosed are in a dangerous condition or that the
consumer's continued use of them may be harmful to him when such is not the
fact;
8. to willfully understate or
misstate the estimated cost of repairs, services, parts and labor in excess of
25 percent for the purpose of inducing a consumer to enter into a transaction
for repairs and services;
9. to
fail to disclose the intended use of used parts in conjunction with repairs and
services, or to install used parts without the knowledge and consent of the
consumer;
10.
a. to fail to provide the consumer with an
itemized bill indicating repairs and services actually performed, parts
actually replaced, or materials actually used, the total labor charge, and the
name of the mechanic, repairman, or supplier who performed the work;
b. the requirements of
§1103. A 10.a shall be
satisfied by a bill reflecting a flat rate price if such repairs and services
are customarily done and billed on a flat rate basis.
AUTHORITY NOTE: Adopted in accordance with R.S. 32:1253.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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