(815 ILCS 306/1)
Sec. 1. Short title. This Act may
be cited as the Automotive Repair Act.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/5)
Sec. 5. Legislative finding. The
automotive repair industry supports good communication between
motor vehicle repair facilities and their customers. The General
Assembly recognizes that improved communications and accurate
representations between automotive repair facilities and their
customers will increase consumer confidence, reduce the likelihood
of disputes arising, and promote fair and nondeceptive practices,
thereby enhancing the safety and reliability of motor vehicles
serviced by motor vehicle repair facilities in the State of Illinois.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/10)
Sec. 10. Definitions. In this Act:
"Automotive repair" includes,
but is not limited to:
(1) All
repairs to motor vehicles that are commonly
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performed in a motor vehicle repair
facility by a motor vehicle technician, including
the diagnosis, installation, exchange, or repair
of mechanical or electrical parts or units for
any vehicle, the performance of any electrical
or mechanical adjustment to any vehicle, or the
performance of any service work required for routine
maintenance or repair of any vehicle. The term
does not include commercial fleet repair or maintenance
transactions involving 2 or more vehicles or ongoing
service or maintenance contracts involving vehicles
used primarily for business purposes.
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(2)
All repair work in motor vehicle repair
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facilities that perform one or more
specialties within the automotive repair service
industry, including, but not limited to, refinishing,
brake, electrical, exhaust repair or installation,
front-end, radiators, tires, transmission,
tune-up, and windshield. However, transactions
involving the retail purchase of merchandise when
a facility installs the merchandise as part of
the transaction at the discretion of the customer
for a firm price are not included. These transactions
shall include but not be limited to tires, batteries,
oil, and lube jobs.
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"Automotive
repair facility" or "motor vehicle repair facility" means
any person, firm, association, or corporation that for
compensation engages in the business of automotive repair
or diagnosis, or both, of malfunctions of motor vehicles.
A "used" part consists
of a used assembly removed from a vehicle and installed on a vehicle
undergoing repair without the benefit of being rebuilt or remanufactured.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/15)
Sec. 15. Disclosures to consumers;
estimates.
(a) Disclosures required. No work
for compensation that exceeds $100 shall be commenced without
specific authorization from the consumer after the disclosures
set forth in this Section.
(b) Estimated costs. Every motor
vehicle repair facility shall either (i) give to each consumer
a written estimated price for labor and parts for a specific
repair and shall not charge for work done or parts supplied in
an amount that exceeds the estimate by more than 10% without
oral or written consent of the consumer or (ii) give to each
consumer a written price limit for each specific repair and shall
not exceed that limit without oral or written consent of the
consumer. Either option shall include an estimate of the time
necessary to complete the repair, if in excess of one working
day. The estimate shall include the total costs to repair the
vehicle.
Estimates shall include all charges
to be paid by the consumer to complete the repair, including
any charges for estimates and diagnostics. However, transactions
involving the retail purchase of merchandise when a facility
installs the merchandise as part of the transaction at the discretion
of the customer for a firm price are not included. These transactions
shall include but not be limited to tires, batteries, oil, and
lube jobs.
(1) Description
of parts. Motor vehicle repair
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facilities shall describe in the estimate
the major parts needed to effectuate the repair
and whether parts are new or used.
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(2)
Calculation of labor costs. Estimates shall
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indicate that the motor vehicle repair
facility may use a combination of industry standard
flat rate (time) manuals, actual time, or condition
of the vehicle to determine labor costs. This disclosure
mandate may also be fulfilled by means of a sign
that provides the same information to the consumer.
Such a sign shall be posted at a location that
can be easily viewed by the consumer.
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(3)
Required or suggested repairs. Estimates shall
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indicate whether the estimated repairs
are required or suggested.
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(4)
Disassembly and reassembly charges. If it is
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necessary to disassemble, or partially
disassemble, a vehicle or vehicle component in
order to provide the consumer with a written estimate
for required repair or maintenance, the estimate
shall show the cost of any disassembly or reassembly,
or both, if the consumer elects not to proceed
with the repair or maintenance of the vehicle.
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(5)
Date. The estimate shall include the date the
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estimate was prepared or the date the
vehicle was presented to the motor vehicle repair
facility for repair or servicing, or both, the
odometer reading on the vehicle at the time it
was left with the motor vehicle repair facility,
and a promised date of delivery.
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(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/20)
Sec. 20. Notice of consumer's rights;
estimate. When an estimate is required to be presented to a consumer,
a motor vehicle repair facility shall disclose to the prospective
consumer an estimated price quotation or the option to waive
the price quotation by completing the following statement with
the consumer's signature:
"You are entitled to a price
estimate for the repairs you have authorized. The repair price
may be less than the estimate but shall not exceed (1) any price
limited estimate or (2) any parts and labor estimate by more
than 10%. Additional repairs may not be performed without your
consent. You may waive your right to a written estimate and require
that you be notified if the price exceeds an amount you have
specified.
You may waive your right to an
estimate, which gives the motor vehicle repair facility the right
to set the price without your permission. Your signature will
indicate your selection.
(a) I request an estimate in writing
before you begin repairs.
Signature .................................
(b) Please proceed with repairs
but call me for approval before continuing if the price exceeds
$ ..........
Signature .................................
(c) I do not want an estimate and
you may set the price of repairs.
Signature .................................
Date .......... Time ..........
This estimated price for authorized
repairs will be honored if the motor vehicle is delivered to
the facility within the time period agreed to by the consumer
and the motor vehicle repair facility."
However, transactions involving
the retail purchase of merchandise when a facility installs the
merchandise as part of the transaction at the discretion of the
customer for a firm price are not included. These transactions
shall include but not be limited to tires, batteries, oil, and
lube jobs.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/25)
Sec. 25. Estimated price insufficient.
If it is determined that the estimated price is insufficient
because of unforeseen circumstances, the consumer's consent must
be obtained before the work estimated is done or parts estimated
are supplied. If the consumer's consent is oral, the motor vehicle
repair facility shall make a notation on the work order or estimate
and on the invoice of the date, time, name of person authorizing
the additional repairs, and telephone number called, if any,
together with a specification of the additional parts and labor
and the total additional cost.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/30)
Sec. 30. Consumer's authorization
of repairs or other action. After receiving the estimate, the
owner or the owner's agent may (i) authorize the repairs at the
estimate of cost and time in writing, (ii) request the return
of the motor vehicle in a disassembled state, or (iii) request
that the vehicle be assembled in reasonably the same condition
as when released to the motor vehicle repair facility, in which
case the motor vehicle repair facility shall make the motor vehicle
available for possession within 3 working days after the time
of request, unless parts are not available, making additional
time necessary. The motor vehicle repair facility may receive
payment for only those items on the schedule of charges to which
the facility is entitled.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/35)
Sec. 35. Inability to deliver motor
vehicle to facility during business hours. When the consumer
is unable to deliver the motor vehicle to the motor vehicle repair
facility during business hours and the consumer has requested
the motor vehicle repair facility to take possession of the motor
vehicle for the purpose of repairing or estimating the cost of
repairing the motor vehicle, the motor vehicle repair facility
may not undertake the diagnosing or repairing of any malfunction
of the motor vehicle for compensation unless the motor vehicle
repair facility has complied with all of the following conditions:
(1) The
motor vehicle repair facility has prepared a
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written estimate or a firm price quotation
of the price for labor and parts necessary to repair
the motor vehicle.
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(2)
By telephone or otherwise, the consumer has been
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given all of the material information
on the written estimate or firm price quotation,
and the consumer has approved the written estimate
or firm price quotation.
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(3)
The consumer has given his or her oral or
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written authorization to the motor vehicle
repair facility to make the repairs pursuant to
the written estimate or firm price quotation.
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If the consumer's
authorization is oral, the motor vehicle repair facility
shall make, on both the written estimate or firm price
quotation and the invoice, a notation of the name of the
person authorizing the repairs, the date, the time, and
the telephone number called, if any. Any charge for parts
or labor in excess of the original estimate must be separately
authorized by the consumer as provided in subsection (b)
of Section 15 and in Section 25.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/40)
Sec. 40. Motor vehicle repair facility
unable to complete repair in time. If the motor vehicle repair
facility is unable to complete the repairs in the time promised,
the facility shall notify the owner or the owner's agent of this
fact. After receiving that notification the owner or the owner's
agent may request return of the motor vehicle in either an assembled
or disassembled state, in which case the motor vehicle repair
facility shall make the motor vehicle available for possession
within 3 working days from the date of the request. The motor
vehicle repair facility may receive payment for the work actually
done and for those items on the schedule of charges to which
the facility is entitled.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/45)
Sec. 45. Consumer's waiver of estimate.
A consumer may waive the right to receive a written estimate
if the waiver is voluntary and made without coercion by the motor
vehicle repair facility. A motor vehicle repair facility or anyone
in its employ shall not make use of the waiver in an attempt
to evade this Act. Nothing in this Section shall be construed
as requiring a motor vehicle repair facility to give a written
estimated price if the motor vehicle repair facility does not
agree to perform the requested repair.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/50)
Sec. 50. Disclosures to consumers;
invoices.
(a) Disclosures required. Whether
or not a written estimate is required, parts and labor provided
by a motor vehicle repair facility shall be clearly and accurately
recorded in writing on an invoice and shall include all of the
items set forth in this Section.
(b) Itemization of cost of repair
performed. The invoice shall show the motor vehicle repair facility's
business name and address, the date of the invoice, the odometer
reading at the time the invoice was prepared, the name of the
consumer, the description of the vehicle, and the terms and time
limit of any guarantee for the repair work performed. In addition,
the invoice shall describe all repair work done by a motor vehicle
repair facility, including all warranty work, and shall separately
identify (i) each major part supplied in a manner so that the
consumer can understand what was purchased and (ii) the total
price charged for all parts and labor.
Service work and parts shall be
listed separately on the invoice, which shall also state separately
the subtotal prices for service work and for parts, not including
sales tax, and shall state separately the sales tax, if any,
applicable to each.
The invoice shall itemize any additional
charges and include those charges in the total presented to the
consumer.
(c) Description of parts installed.
The invoice shall include a description of the major parts installed.
(d) Copies of invoices. A legible
copy of the invoice shall be given to the consumer and a legible
copy shall be retained by the motor vehicle repair facility for
a period of 2 years from the date of repair as a part of the
motor vehicle repair facility's records, which may be maintained
in an electronic format. Records may be stored at a separate
location.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/55)
Sec. 55. Consumer disclosures;
guarantees; warranties.
(a) If a motor vehicle repair facility
provides a warranty on repair parts and labor, the facility shall
put the warranty in writing and give a legible copy to the consumer.
The consumer's copy of the warranty must contain the following:
(1) The
nature and extent of the warranty, including
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a description of parts or service included
in or excluded from the warranty.
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(2)
The duration of the warranty and the
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requirements to be performed by the
warrantee before the warrantor will fulfill the
warranty.
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(3)
All conditions and limitations of the warranty
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and the manner in which the warrantor
will fulfill the warranty, such as by repair, replacement,
or refund.
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(4)
Any options of the warrantor or warrantee.
(5) The
warrantor's identity and address.
(b) When repair or diagnostic work
is performed pursuant to a warranty, a motor vehicle repair facility
shall give an estimate of the time to complete the repairs.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/60)
Sec. 60. Consumer disclosures;
required signs. Every motor vehicle repair facility shall post
in a prominent place on the business premises one or more signs,
readily visible to customers, in the following form:
YOUR CUSTOMER RIGHTS. UNLESS THE
FACILITY PROVIDES A FIRM PRICE QUOTATION, YOU ARE ENTITLED BY
LAW TO:
1. A WRITTEN ESTIMATE FOR REPAIRS
THAT WILL COST MORE THAN $100 UNLESS WAIVED OR ABSENT FACE-TO-FACE
CONTACT (SEE ITEM 3 BELOW).
2. AUTHORIZE ORALLY OR IN WRITING
ANY REPAIRS THAT EXCEED THE ESTIMATED TOTAL PRE-SALES-TAX
COST BY MORE THAN 10% OR THAT EXCEED THE LIMITED PRICE ESTIMATE.
3. AUTHORIZE ANY REPAIRS ORALLY
OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE MOTOR VEHICLE
REPAIR FACILITY WITHOUT FACE-TO-FACE CONTACT BETWEEN
YOU AND THE MOTOR VEHICLE REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR
IN ACCORDANCE WITH THE ABOVE INFORMATION, YOU ARE REQUIRED TO
PAY FOR THE COSTS OF THE REPAIR PRIOR TO TAKING THE VEHICLE FROM
THE PREMISES.
The first line of each sign shall
be in letters not less than 1.5 inches in height, and the remaining
lines shall be in letters not less than 0.5 inch in height.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/65)
Sec. 65. Recordkeeping. Every motor
vehicle repair facility shall maintain copies of estimates for
contracted work and all invoices. The copies, which may be maintained
in an electronic format, shall be kept for 2 years and shall
be available for inspection by the Attorney General.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/70)
Sec. 70. Removal of vehicle from
facility. Upon reasonable notice and during the motor vehicle
repair facility's business hours, a consumer may remove a vehicle
from a motor vehicle repair facility upon paying for the following:
(1) Labor
actually performed.
(2) Parts
actually installed.
(3) Parts
ordered specifically for the consumer's
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car if the order is not cancelable or
the parts are not returnable for cash or credit.
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(4)
Storage charges imposed in accordance with the
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schedule of charges if disclosed to
consumers prior to repairs.
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(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/75)
Sec. 75. Lien barred. A motor vehicle
repair facility that fails to comply with Section 15, 20, 25,
30, 35, 40, 45, 50, 55, or 60 is barred from asserting a possessory
or chattel lien for the amount of the unauthorized parts or labor
upon the motor vehicle or component.
(Source: P.A. 90-426, eff. 1-1-98.)
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(815 ILCS 306/80)
Sec. 80. Unlawful acts or practices.
Each of the following acts or practices is unlawful when committed
by a motor vehicle repair facility:
(1) Advertising
in a false, deceptive, or misleading
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(2)
Charging a consumer for parts not delivered or
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installed or a labor operation or repair
procedure that has not actually been performed.
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(3)
Unauthorized operation of a consumer's vehicle
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for purposes not related to repair or
diagnosis.
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(4)
Failing or refusing at the time of sale to
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provide a consumer, upon request, a
copy, at no charge, of any document signed by the
consumer.
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(5)
Retaining duplicative payment from both the
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consumer and the warranty or extended
service contract provider for the same covered
component, part, or labor.
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(6)
Charging a consumer for unnecessary repairs.
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For purposes of this paragraph, "unnecessary
repairs" means those repairs for which there
is no reasonable basis for performing the service.
A reasonable basis includes: (i) that the repair
service is consistent with specifications established
by law or the manufacturer of the motor vehicle,
component, or part; (ii) that the repair is in
accordance with usual and customary practices;
(iii) that the repair was performed at the specific
request of the consumer after the technician disclosed
to the consumer the basis for recommending the
repair when the recommendation is not in accordance
with manufacturer specifications or accepted trade
practices; or (iv) that the repair is at the consumer's
request.
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(7)
Misrepresenting the terms of a warranty,
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guarantee, or service agreement.
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(8)
Altering a motor vehicle to create a condition
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(9)
Failing to honor a warranty, guarantee, or
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