Current through Register Vol. 54, No. 44, November 2, 2024
With regard to a repair shop, the following is considered
unfair methods of competition and unfair or deceptive acts or practices:
(1) Making a statement, directly or
indirectly, which the dealer or repair shop knows or should know to be untrue
or misleading including but not limited to the following:
(i) That repairs are necessary or desirable
or that repairs are not necessary or desirable when such is not, in fact,
true.
(ii) That a vehicle is in a
dangerous condition or use of the vehicle may produce harm to the customer or
that a vehicle is not in a dangerous condition or use of the vehicle may not
produce harm to the customer when such is not, in fact, true.
(iii) That repairs have been performed on a
vehicle when such is not, in fact, true.
(2) Failing to record in writing and to
provide a copy of the record to the customer, where possible, prior to
commencing repairs on the vehicle of a customer:
(i) The name and address of the customer and
a telephone number, if any, at which the customer can be reached.
(ii) The date and approximate time the
vehicle of the customer was delivered for repairs.
(iii) The year, make and registration number
of the vehicle of the customer.
(iv) The odometer reading on the vehicle of
the customer.
(v) The specific
repairs requested by the customer or, if there is no specific request, a brief
description of the problems encountered by the customer with the
vehicle.
(3) Charging a
customer for repairs which were not authorized in writing or charging a
customer a price for agreed-upon maintenance or repair services which price,
including parts and labor, was not authorized in writing or displayed in a
clear and conspicuous manner on the premises. If the repair shop is unable to
obtain advance written authorization because the specific repairs or costs
thereof are not known when the vehicle is delivered for repair, the customer
shall be so informed and shall be afforded the opportunity to select one of the
following options:
(i) No repairs may be
performed until the customer is notified of the exact nature of the repairs to
be performed and the total price to be charged, including parts and labor and
the oral or written authorization of the customer to perform the repairs is
obtained.
(ii) Repairs may be
initiated, but, if repairs will exceed a price specified in advance by the
customer, the oral or written authorization of the customer to proceed further
shall be obtained.
(iii) Repair of
the described problem may be authorized without limitation of price provided
the customer is informed of the hourly labor rate prior to commencement of
repairs.
(4) Failing to
display in a clear and conspicuous manner on the premises where possible and
failing to disclose to a customer prior to obtaining oral or written
authorization for repairs:
(i) That the
customer has the right upon request to have parts replaced returned to the
customer at the completion of the service or to inspect the parts, where
possible, if the parts are being returned to the manufacturer or some other
person under the terms of the warranty or rebuilding arrangement.
(ii) Whether a part to be supplied is new,
used, reconditioned or rebuilt.
(iii) The conditions under which the repair
shop may impose daily or hourly storage charges for a vehicle and the amount of
the charges.
(iv) The amount of a
charge to a customer for an estimate or diagnosis.
(5) Failing to maintain the following written
record when oral authorization is received for certain repairs:
(i) The date and time the authorization is
received.
(ii) The identity of the
employe receiving the oral authorization and the name of the person making the
authorization.
(iii) A description
of the exact authorization received.
(iv) If authorization is received over the
telephone and the shop placed the call, the telephone number called.
(6) Failing to complete repairs on
a motor vehicle within 24 hours of its delivery by the customer or within the
time specified by the repair shop or dealer unless the customer is informed of
and consents to the delay.
(7)
Failing to remedy promptly, at no charge to the customer, a repair or
maintenance service performed by it on the customer's vehicle which was not
performed in a skilled and workmanlike manner; provided that the customer
promptly complains or brings the matter to the attention of the repair
shop.
(8) Failing to provide a
customer at the completion of repair or maintenance work, including warranty
repair work, performed on the vehicle of the customer a dated, written invoice
containing the following information:
(i) The
name and address of the customer and repair shop.
(ii) The date the vehicle of the customer was
delivered for service.
(iii) The
year, make and registration number of the vehicle of the customer and the
odometer reading of the vehicle at the time the repairs were
completed.
(iv) An itemized list of
the specific repair or maintenance services performed on the motor vehicle of
the customer.
(v) A list of the
parts supplied by name or number, the price charged for the parts and the total
amount charged the customer for the parts.
(vi) If a part supplied was not new, a
statement that the part was either used, reconditioned or rebuilt.
(vii) The labor charge for the repair work,
setting forth the number of hours, the price charged for each hour and the
total amount charged the customer for labor.
(viii) The total amount charged to the
customer for parts and labor; provided, however, that the price information
required by this subparagraph and subparagraphs (v) and (vii) need not be
provided if the price charged to the customer for the repair or maintenance
work is a single charge for the particular service which charge was included in
a schedule of charges posted in a clear and conspicuous manner on the premises
of the repair shop or otherwise disclosed to the customer at the time the
vehicle was delivered for service or repair. No other charges are permitted by
this paragraph unless they are clearly and conspicuously disclosed to the
customer prior to the commencement of repairs.
(9) Charging a customer for repairs which
have not actually been performed.
(10) Failing or refusing to provide a
customer with an exact copy at no additional charge of a document in addition
to those required by paragraphs (2) and (8) in which legal obligations are
imposed on the customer.
(11) Using
a vehicle of a customer for a purpose other than a test drive or delivery to
the customer unless the express written authorization of the customer is
obtained in advance.
