Utah Administrative Code
Topic - Commerce
Title R152 - Consumer Protection
Rule R152-11 - Utah Consumer Sales Practices Act
Section R152-11-5 - Repairs and Services
Universal Citation: UT Admin Code R 152-11-5
Current through Bulletin 2024-06, March 15, 2024
A. It shall be a deceptive act or practice in connection with a consumer transaction involving repairs, inspections, or other similar services for a supplier to:
(1) Fail to obtain the consumer's express
authorization for repairs, inspections, or other services. The authorization
shall be obtained only after the supplier has clearly explained to the consumer
the anticipated repairs, inspection or other services to be performed, the
estimated charges for those repairs, inspections or other services, and the
reasonably expected completion date of such repairs, inspection or other
services to be performed, including any charge for re-assembly of any parts
disassembled in regards to the providing of such estimate. For repairs,
inspections or other services that exceed a value of $50, a transcript or copy
of the consumer's express authorization shall be provided to the consumer on or
before the time that the consumer receives the initial billing or invoice for
supplier's performance. This rule is in addition to the requirements of any
other statute or rule;
(2) Fail to
obtain the consumer's express authorization for additional, unforeseen, but
necessary, repairs, inspections, or other services when those repairs,
inspections, or other services amount to ten percent (10%) or more (excluding
tax) of the original estimate. A transcript or copy of the consumer's express
authorization shall be provided to the consumer on or before the time that the
consumer receives the initial billing or invoice for supplier's performance.
This rule is in addition to the requirements of any other statute or
rule;
(3) Fail to re-assemble any
parts disassembled for inspection unless the consumer is so advised, prior to
acceptance for inspection by supplier that there will be a charge for
re-assembly of the parts or that it is not possible to re-assemble such
parts;
(4) Charge for repairs,
inspections, or other services which have not been authorized by the
consumer;
(5) In the case of an
in-home service call where the consumer had initially contacted the supplier,
to fail to disclose before the supplier's repairman goes to the consumer's
residence that a service or diagnostic charge will be imposed, even though no
repairs may be effected;
(6)
Represent that repairs, inspections, or other services are necessary when such
is not the fact;
(7) Represent that
repairs, inspections, or other services must be performed away from the
consumer's residence when such is not the fact;
(8) Represent that repairs, inspections or
other services have been made when such is not the fact;
(9) Represent that the goods 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;
(10) Intentionally understate or misstate
materially the estimated cost of repairs, inspections, or other
services;
(11) Fail to provide the
consumer with an itemized list of repairs, inspections, or other services
performed and the reason for such repairs, inspections, or other services,
including:
(a) A list of parts and a
statement of whether they are new, used, rebuilt, or after market, and the cost
thereof to the consumer; and
(b)
The number of hours of labor charged, apportioned for each part, service or
repair, and the name or other reasonable means of identification of the
mechanic or repairman performing the service, provided, however, that the
requirements of (b) shall be satisfied by the statement of a flat rate price if
such repairs are customarily done and billed on a flat rate price basis and
such has been previously disclosed to the consumer in writing.
(12) Fail to give reasonable
written notice before repairs, inspections, or other services are provided,
that replaced or repaired parts may be inspected or fail to allow the consumer
to inspect replaced or repaired parts on request, unless:
(a) the parts are to be rebuilt or sold by
the supplier and such intended reuse is made known to the consumer by written
notice on the original estimate; or
(b) the parts are to be returned to the
manufacturer or distributor under a written warranty agreement; or
(c) the parts are impractical to return to
the consumer because of size, weight, or other similar factors; or
(d) the consumer waives the return of such
parts in writing after repairs are completed and a total cost is
presented.
(13) Fail to
provide to the consumer a written, itemized receipt for any consumer
commodities that are left with, or turned over to, the supplier for repairs,
inspections, or other services. Such receipt shall include:
(a) The exact name and business address of
the business entity (or person, if the entity is not a corporation or
partnership) which will repair or service the consumer commodities.
(b) The name and signature of the person who
actually takes the consumer commodities into custody.
(c) The name of any entity to whom such
repairs, inspections, or other services are sublet including the address, phone
number and a contact person at such entity.
(d) A description including make and model
number or such other features as will reasonably identify the consumer
commodities to be repaired or serviced.
B. It shall be a deceptive act or practice in connection with a consumer transaction involving all other services not covered under Section A for a supplier to:
(1)
Intentionally understate or misstate the estimated cost of the services to be
provided;
(2) Fail to obtain the
consumer's express authorization prior to performing services that exceed a
value of $50;
(3) Fail to obtain
the consumer's express authorization for any change orders, cost increases, or
other amendments to the parties' contract;
(4) Fail to give the consumer written
documentation containing the terms of any warranty made with respect to labor,
services, products, or materials furnished;
(5) Misrepresent that the supplier has the
particular license, bond, insurance, qualifications, or expertise that is
related to the work to be performed;
(6) Misrepresent that the consumer's present
equipment, material, product, home or a part thereof is dangerous or defective,
or in need of repair or replacement;
(7) Fail to timely complete performance under
the contract as represented unless the cause for the delay is beyond the
supplier's control or the supplier obtains the consumer's express authorization
to the supplier's delay;
(8)
Wrongfully refuse to perform any obligation under a contract with the intent to
induce the consumer to agree to pay a higher price than originally agreed to in
the contract; or
(9) Misrepresent
or mislead the consumer into believing that no obligation will be incurred
because of the signing of any document, or that the consumer will be relieved
of some or all obligations under a contract by the signing of any
document.
Disclaimer: These regulations may not be the most recent version. Utah 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.