New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 10 - SERVICING AND REPAIRING OF HOME APPLIANCES
Section 13:45A-10.3 - Deceptive practices
Universal Citation: NJ Admin Code 13:45A-10.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business of repairing and servicing home appliances:
1.
Commencing work other than diagnostic work or work included in a diagnostic fee
without having obtained the consumer's signature or the signature of the
consumer's agent on a written itemized estimate of the labor and parts
necessary, including specific notation of exchange price on parts where
applicable. If such written consent cannot be obtained, repair work may be
commenced only if the consumer has been advised of the estimate and has
consented thereto and the person advising the consumer has noted the
conversation on the estimate as well as the date, time and phone number at
which he reached the consumer.
2.
Failure to provide the consumer with a copy of the above authorization and any
other servicer's receipt or document requiring the consumer's signature, as
soon as the consumer signs such document.
3. Making any deceptive or misleading
statements, including but not limited to false or unrealistic promises and
groundless estimates of a character likely to influence, persuade or induce a
consumer to authorize the repair or service of a home appliance.
4. Charging the consumer for work done or
parts supplied in excess of the estimated price without the oral or written
consent of the consumer, which shall be obtained after it is determined that
the estimated price is insufficient and before the work not estimated is done
or the parts not estimated are supplied. If such consent is oral, the supplier
of services shall make a notation on the documentation previously signed by the
consumer of the date, time, name of the person authorizing the additional
repairs and the telephone number, if any, together with a specification of the
additional parts and labor and the total additional cost.
5. Failure to offer to return replaced parts
to the consumer at the time of completion of the work, provided that the parts
by virtue of their size, weight or other similar factors or for any safety
reasons are not practical to return, unless the estimate and bill make specific
reference to an exchange price for a particular part.
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