(815 ILCS 308/1)
Sec. 1. Short title. This Act may
be cited as the Automotive Collision Repair Act.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/5)
Sec. 5. Purpose. With the increased
complexity and technology involved in the repair of collision-damaged
motor vehicles, there is a need for improved communication
and accounting between collision repair businesses and motor
vehicle owners. This Act enables purchasers of these services
to make informed decisions based on standard practices by Illinois automotive
collision repair businesses.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/10)
Sec. 10. Definitions. As used in
this Act:
"Automotive collision and
body repair" means all repairs that are commonly performed
by a body repair technician to restore a motor vehicle damaged
in an accident or collision to a condition similar to the motor
vehicle condition prior to the damage or deterioration including,
but not limited to, the diagnosis, installation, exchange, repair,
or refinishing of exterior body panels, trim, lighting, and structural
chassis. The term does not include commercial fleet repair or
maintenance transactions involving 2 or more motor vehicles or
ongoing service or maintenance contracts involving motor vehicles
used primarily for business purposes.
"Automotive collision and
body repair facility" means a person, firm, association,
or corporation that for compensation engages in the business
of cosmetic repair, structural repair, or refinishing of motor
vehicles with defect related to accident or collision.
"New part" means a part
or component manufactured or supplied by the original motor vehicle
manufacturer in an unused condition.
"Used part" means an
original motor vehicle manufacturer part or component removed
from a motor vehicle of similar make, model, and condition without
the benefit of being rebuilt or remanufactured.
"Rebuilt part" or "reconditioned
part" means a used part that has been inspected and remanufactured
to restore functionality and performance.
"Aftermarket part" means
a new part that is not manufactured or supplied by the original
motor vehicle manufacturer for addition to, or replacement of,
exterior body panel or trim.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/15)
Sec. 15. Disclosure to consumers;
estimates.
(a) No work for compensation that
exceeds $100 shall be commenced without specific authorization
from the consumer after the disclosure set forth in this Section.
(b) Every motor vehicle collision
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 from 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. The estimate
shall include the total costs to repair the motor vehicle.
Estimates shall include all charges
to be paid by the consumer to complete the repair, including
any charges for estimates, diagnostics, storage, and administrative
fees.
(c) Motor vehicle collision repair
facilities shall describe in the estimate the major parts needed
to effectuate the repair and shall designate the parts as either
new parts, used parts, rebuilt or reconditioned parts, or aftermarket
parts as set forth in Section 10 of this Act.
(d) Estimates shall indicate that
the collision repair facility may use a combination of industry
standard flat rate (time) manuals, actual time, or condition
of the motor 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. The sign shall be posted
at a location that can be easily viewed by the consumer.
(e) If it is necessary to disassemble
or partially disassemble a motor vehicle or motor vehicle component
in order to provide the consumer a written estimate for required
repairs, the estimate shall show the cost of any disassembly
if the consumer elects not to proceed with the repair of the
motor vehicle.
(f) The estimate shall include
the date the estimate was prepared or the date the motor vehicle
was presented to the collision repair facility for repair and
the odometer reading on the motor vehicle at the time the motor
vehicle was left with the collision repair facility.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/20)
Sec. 20. Notice of consumer's rights;
estimate. When an estimate is required to be presented to a consumer,
a collision repair facility shall disclose to the prospective
consumer an estimated price quotation with the following statement
included or attached 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 or labor estimate by more
than 10%. Additional repairs may not be performed without your
consent.
You may waive your right to notification,
which gives the collision 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 collision repair facility."
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/25)
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
collision 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. 93-565, eff. 1-1-04.)
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(815 ILCS 308/30)
Sec. 30. Consumers authorizations
of repairs or other actions. 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, or (ii) request the return
of the motor vehicle in a disassembled state. If the consumer
elects the return of the motor vehicle in a disassembled or partially
repaired state, the consumer may also request the return of all
parts that were removed during disassembly or repair with the
exception of parts that were damaged in an accident or collision
to the extent that retention by the collision repair facility
was not feasible. The collision repair facility shall make the
motor vehicle available for possession within 3 working days
after the time of request. The collision repair facility may
receive payment for only those items on the schedule of charges
to which the facility is entitled.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/35)
Sec. 35. Inability to deliver motor
vehicle to facility during business hours. When the consumer
is unable to deliver the motor vehicle to the collision repair
facility during business hours, and the consumer has requested
the collision repair facility to take possession of the motor
vehicle for the purpose of repairing or estimating the cost of
repairing the motor vehicle, the collision repair facility may
not undertake the diagnosing or repairing of any damage or defects
to the motor vehicle for compensation unless the collision repair
facility has complied with all of the following conditions:
(1) The
collision 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 disassemble
or 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 collision
repair facility to disassemble or make the repairs
pursuant to the written estimate or firm price
quotation.
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If the consumer's
authorization is oral, the collision repair facility shall
make, on both the written invoice and the estimate or firm
price quotation, 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. 93-565, eff. 1-1-04.)
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(815 ILCS 308/40)
Sec. 40. Disclosures to consumers;
invoices.
(a) On completion of repairs, the
collision repair facility shall provide the consumer with an
accurate record in the form of a final estimate or invoice. An
estimate that is stamped "invoice" may be deemed the
same as an itemized invoice. The final estimate or invoice shall
accurately record in writing all of the items set forth in this
Section.
(b) The invoice shall show the
collision repair facility's business name and address, the date
of the invoice, the odometer reading at the time the final estimate
or invoice was prepared, the name of the consumer, and the description
of the motor vehicle including the motor vehicle identification
number (VIN). In addition, the invoice shall describe all repair
work done by the collision repair facility, including all warranty
work, and shall separately identify (i) each major part supplied
in a manner so that the consumer can identify the part as one
described in Section 10 of this Act, and (ii) the total price
charged for all charges including, but not limited to, parts,
labor, and sales tax. The invoice or final estimate shall itemize
any additional charges and include those charges in the total
presented to the consumer.
(c) A legible copy of the invoice
or final estimate shall be given to the consumer and a legible
copy shall be retained by the collision repair facility for a
period of 2 years from the date of repair as a part of the collision
repair facility's records, which may be retained in electronic
format. Records may be stored at a separate location.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/45)
Sec. 45. Consumer disclosures;
guarantees; warranties.
(a) If a collision 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 and 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 collision repair facility
shall give an estimate of the time to complete repairs.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/50)
Sec. 50. 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 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 MOTOR
VEHICLE IS LEFT WITH THE COLLISION REPAIR FACILITY WITHOUT FACE-TO-FACE
CONTACT BETWEEN YOU AND THE COLLISION REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORANCE 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. 93-565, eff. 1-1-04.)
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(815 ILCS 308/55)
Sec. 55. Recordkeeping. Every collision
repair facility shall maintain copies of estimates for contracted
work and all invoices. The copies 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. 93-565, eff. 1-1-04.)
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(815 ILCS 308/60)
Sec. 60. Removal of motor vehicle
from facility. Upon reasonable notice and during the collision
repair facility's business hours, a consumer may remove a motor
vehicle from a collision 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 and administrative charges imposed in
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accordance with the schedule of charges
if posted on a sign within the shop or otherwise
disclosed to consumers prior to repairs.
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(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/65)
Sec. 65. Lien barred. A collision
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. 93-565, eff. 1-1-04.)
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(815 ILCS 308/70)
Sec. 70. Unlawful acts or practices.
Each of the following acts or practices is unlawful when committed
by a motor vehicle collision 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 motor
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vehicle 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 warranty or insurance proceeds,
but not limited to, for the same covered component,
part, or labor in excess of collision repair facility
final repair charges.
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(6)
Charging a consumer for unnecessary repairs. For
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purposes of this paragraph, "unnecessary
repairs" means those repairs for which there
is not 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 recommendation
is not in accordance with manufacturer 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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service agreement to which the collision
repair facility is party.
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(10)
Charging or receiving payment for repairs not
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authorized by the consumer under Section
15, 20, 25, 30, 35, 40, 45, 50, 55, or 60.
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(11)
A pattern or practice of preparing written
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estimates underestimating the final
costs of repairs.
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(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/75)
Sec. 75. Violations. Whenever an
automotive collision repair facility is knowingly engaged in
or has knowingly engaged in a persistent practice or pattern
of conduct at a single location that violates this Act, that,
knowingly, persistent practice or pattern of conduct shall be
deemed an unlawful act or practice under the Consumer Fraud and
Deceptive Business Practices Act. In the case of knowing, persistent
practice, or pattern of conduct, all remedies, penalties, and
authority available to the Attorney General and the several State's
Attorneys under the Consumer Fraud and Deceptive Business Practices
Act for the enforcement of that Act shall be available for the
enforcement of this Act.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/80)
Sec. 80. Exemptions. This Act does
not apply to facilities covered by the Automotive Repair Act.
(Source: P.A. 93-565, eff. 1-1-04.)
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(815 ILCS 308/800)
Sec. 800. (Amendatory provisions;
text omitted).
(Source: P.A. 93-565, eff. 1-1-04, text
omitted.)
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