Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 132 - Motor vehicle repair
Section ATCP 132.09 - Prohibited practices

Universal Citation: WI Admin Code ยง ATCP 132.09

Current through August 26, 2024

(1) No shop may knowingly underestimate either of the following:

(a) The price of repairs.

(b) The time required to complete the repairs.

(2) No shop may misrepresent any of the following:

(a) That repairs are necessary for the safety or effective operation of a motor vehicle.

(b) That a motor vehicle is in a dangerous condition.

(c) That failure to repair a motor vehicle will be harmful to the motor vehicle.

(d) That a repair has been made.

(e) The terms of any warranty or service agreement.

(3) No shop may fail or refuse to return a customer's motor vehicle to the customer because a customer declines to do either of the following:

(a) Pay for unauthorized repairs, provided the customer tenders payment, subject to par. (b), for the repairs that were authorized and performed.

(b) Pay any repair charge that exceeds the shop's estimate or firm price quotation for that repair, provided the customer tenders payment of the charge estimated or quoted to the customer when the customer authorized that repair.

(4) No shop may:

(a) Alter any person's motor vehicle with intent to create a condition requiring repairs.

(b) Make any motor vehicle repair or warranty advertisement which is untrue, deceptive or misleading.

(c) Fail or refuse to honor any warranty or service agreement to which the shop is a party.

(d) Make the performance of repairs contingent upon the customer's waiver of any right under this chapter.

(e) Demand or receive payment for unauthorized repairs, or for repairs that have not been performed.

(f) Falsify or destroy any document or record required to be produced or kept under this chapter.

(g) Charge or threaten to charge for preparing a repair estimate or firm price quotation unless both of the following apply:
1. The charge constitutes reasonable compensation for preliminary diagnostic work that is reasonably required for the shop to give the repair estimate or firm price quotation.

2. A shop representative discloses the charge, or the rate at which the charge will be computed, before the shop starts any diagnostic work for which a charge will be assessed.

Disclaimer: These regulations may not be the most recent version. Wisconsin 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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