093_SB0228enr SB228 Enrolled LRB093 04543 LCB 04596 b 1 AN ACT concerning automotive motor vehicle repair. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Automotive Collision Repair Act. 6 Section 5. Purpose. With the increased complexity and 7 technology involved in the repair of collision-damaged motor 8 vehicles, there is a need for improved communication and 9 accounting between collision repair businesses and motor 10 vehicle owners. This Act enables purchasers of these 11 services to make informed decisions based on standard 12 practices by Illinois automotive collision repair businesses. 13 Section 10. Definitions. As used in this Act: 14 "Automotive collision and body repair" means all repairs 15 that are commonly performed by a body repair technician to 16 restore a motor vehicle damaged in an accident or collision 17 to a condition similar to the motor vehicle condition prior 18 to the damage or deterioration including, but not limited to, 19 the diagnosis, installation, exchange, repair, or refinishing 20 of exterior body panels, trim, lighting, and structural 21 chassis. The term does not include commercial fleet repair or 22 maintenance transactions involving 2 or more motor vehicles 23 or ongoing service or maintenance contracts involving motor 24 vehicles used primarily for business purposes. 25 "Automotive collision and body repair facility" means a 26 person, firm, association, or corporation that for 27 compensation engages in the business of cosmetic repair, 28 structural repair, or refinishing of motor vehicles with 29 defect related to accident or collision. 30 "New part" means a part or component manufactured or SB228 Enrolled -2- LRB093 04543 LCB 04596 b 1 supplied by the original motor vehicle manufacturer in an 2 unused condition. 3 "Used part" means an original motor vehicle manufacturer 4 part or component removed from a motor vehicle of similar 5 make, model, and condition without the benefit of being 6 rebuilt or remanufactured. 7 "Rebuilt part" or "reconditioned part" means a used part 8 that has been inspected and remanufactured to restore 9 functionality and performance. 10 "Aftermarket part" means a new part that is not 11 manufactured or supplied by the original motor vehicle 12 manufacturer for addition to, or replacement of, exterior 13 body panel or trim. 14 Section 15. Disclosure to consumers; estimates. 15 (a) No work for compensation that exceeds $100 shall be 16 commenced without specific authorization from the consumer 17 after the disclosure set forth in this Section. 18 (b) Every motor vehicle collision repair facility shall 19 either (i) give to each consumer a written estimated price 20 for labor and parts for a specific repair and shall not 21 charge for work done or parts supplied in an amount that 22 exceeds the estimate by more than 10% without oral or written 23 consent from the consumer; or (ii) give to each consumer a 24 written price limit for each specific repair and shall not 25 exceed that limit without oral or written consent of the 26 consumer. The estimate shall include the total costs to 27 repair the motor vehicle. 28 Estimates shall include all charges to be paid by the 29 consumer to complete the repair, including any charges for 30 estimates, diagnostics, storage, and administrative fees. 31 (c) Motor vehicle collision repair facilities shall 32 describe in the estimate the major parts needed to effectuate 33 the repair and shall designate the parts as either new parts, SB228 Enrolled -3- LRB093 04543 LCB 04596 b 1 used parts, rebuilt or reconditioned parts, or aftermarket 2 parts as set forth in Section 10 of this Act. 3 (d) Estimates shall indicate that the collision repair 4 facility may use a combination of industry standard flat rate 5 (time) manuals, actual time, or condition of the motor 6 vehicle to determine labor costs. This disclosure mandate may 7 also be fulfilled by means of a sign that provides the same 8 information to the consumer. The sign shall be posted at a 9 location that can be easily viewed by the consumer. 10 (e) If it is necessary to disassemble or partially 11 disassemble a motor vehicle or motor vehicle component in 12 order to provide the consumer a written estimate for required 13 repairs, the estimate shall show the cost of any disassembly 14 if the consumer elects not to proceed with the repair of the 15 motor vehicle. 16 (f) The estimate shall include the date the estimate was 17 prepared or the date the motor vehicle was presented to the 18 collision repair facility for repair and the odometer reading 19 on the motor vehicle at the time the motor vehicle was left 20 with the collision repair facility. 21 Section 20. Notice of consumer's rights; estimate. When 22 an estimate is required to be presented to a consumer, a 23 collision repair facility shall disclose to the prospective 24 consumer an estimated price quotation with the following 25 statement included or attached with the consumer's signature: 26 "You are entitled to a price estimate for the repairs you 27 have authorized. The repair price may be less than the 28 estimate but shall not exceed: (1) any price limited 29 estimate; or (2) any parts or labor estimate by more than 30 10%. Additional repairs may not be performed without your 31 consent. 32 You may waive your right to notification, which gives the 33 collision repair facility the right to set the price without SB228 Enrolled -4- LRB093 04543 LCB 04596 b 1 your permission. Your signature will indicate your selection. 2 (a) I request an estimate in writing before you begin 3 repairs. 4 Signature ....................... 5 (b) Please proceed with repairs but call me for approval 6 before continuing if the price exceeds $.............. 7 Signature ...................... 8 (c) I do not want an estimate and you may set the price 9 of repairs. 10 Signature .................... 11 Date.............. Time..................... 12 This estimated price for authorized repairs will be 13 honored if the motor vehicle is delivered to the facility 14 within the time period agreed to by the consumer and the 15 collision repair facility." 16 Section 25. Estimated price insufficient. If it is 17 determined that the estimated price is insufficient because 18 of unforeseen circumstances, the consumer's consent must be 19 obtained before the work estimated is done or parts estimated 20 are supplied. If the consumer's consent is oral, the motor 21 vehicle collision repair facility shall make a notation on 22 the work order or estimate and on the invoice of the date, 23 time, name of person authorizing the additional repairs, and 24 telephone number called, if any, together with a 25 specification of the additional parts and labor and the total 26 additional cost. 27 Section 30. Consumers authorizations of repairs or other 28 actions. After receiving the estimate, the owner or the 29 owner's agent may (i) authorize the repairs at the estimate 30 of cost and time in writing, or (ii) request the return of 31 the motor vehicle in a disassembled state. If the consumer 32 elects the return of the motor vehicle in a disassembled or SB228 Enrolled -5- LRB093 04543 LCB 04596 b 1 partially repaired state, the consumer may also request the 2 return of all parts that were removed during disassembly or 3 repair with the exception of parts that were damaged in an 4 accident or collision to the extent that retention by the 5 collision repair facility was not feasible. The collision 6 repair facility shall make the motor vehicle available for 7 possession within 3 working days after the time of request. 8 The collision repair facility may receive payment for only 9 those items on the schedule of charges to which the facility 10 is entitled. 11 Section 35. Inability to deliver motor vehicle to 12 facility during business hours. When the consumer is unable 13 to deliver the motor vehicle to the collision repair facility 14 during business hours, and the consumer has requested the 15 collision repair facility to take possession of the motor 16 vehicle for the purpose of repairing or estimating the cost 17 of repairing the motor vehicle, the collision repair facility 18 may not undertake the diagnosing or repairing of any damage 19 or defects to the motor vehicle for compensation unless the 20 collision repair facility has complied with all of the 21 following conditions: 22 (1) The collision repair facility has prepared a 23 written estimate or a firm price quotation of the price 24 for labor and parts necessary to disassemble or repair 25 the motor vehicle. 26 (2) By telephone or otherwise, the consumer has 27 been given all of the material information on the written 28 estimate or firm price quotation, and the consumer has 29 approved the written estimate or firm price quotation. 30 (3) The consumer has given his or her oral or 31 written authorization to the collision repair facility to 32 disassemble or make the repairs pursuant to the written 33 estimate or firm price quotation. SB228 Enrolled -6- LRB093 04543 LCB 04596 b 1 If the consumer's authorization is oral, the collision 2 repair facility shall make, on both the written invoice and 3 the estimate or firm price quotation, a notation of the name 4 of the person authorizing the repairs, the date, the time, 5 and the telephone number called, if any. Any charge for parts 6 or labor in excess of the original estimate must be 7 separately authorized by the consumer as provided in 8 subsection (b) of Section 15 and in Section 25. 9 Section 40. Disclosures to consumers; invoices. 10 (a) On completion of repairs, the collision repair 11 facility shall provide the consumer with an accurate record 12 in the form of a final estimate or invoice. An estimate that 13 is stamped "invoice" may be deemed the same as an itemized 14 invoice. The final estimate or invoice shall accurately 15 record in writing all of the items set forth in this Section. 16 (b) The invoice shall show the collision repair 17 facility's business name and address, the date of the 18 invoice, the odometer reading at the time the final estimate 19 or invoice was prepared, the name of the consumer, and the 20 description of the motor vehicle including the motor vehicle 21 identification number (VIN). In addition, the invoice shall 22 describe all repair work done by the collision repair 23 facility, including all warranty work, and shall separately 24 identify (i) each major part supplied in a manner so that the 25 consumer can identify the part as one described in Section 10 26 of this Act, and (ii) the total price charged for all charges 27 including, but not limited to, parts, labor, and sales tax. 28 The invoice or final estimate shall itemize any additional 29 charges and include those charges in the total presented to 30 the consumer. 31 (c) A legible copy of the invoice or final estimate 32 shall be given to the consumer and a legible copy shall be 33 retained by the collision repair facility for a period of 2 SB228 Enrolled -7- LRB093 04543 LCB 04596 b 1 years from the date of repair as a part of the collision 2 repair facility's records, which may be retained in 3 electronic format. Records may be stored at a separate 4 location. 5 Section 45. Consumer disclosures; guarantees; 6 warranties. 7 (a) If a collision repair facility provides a warranty 8 on repair parts and labor, the facility shall put the 9 warranty in writing and give a legible copy to the consumer. 10 The consumer's copy of the warranty must contain the 11 following: 12 (1) The nature and extent of the warranty, 13 including a description of parts and service included in 14 or excluded from the warranty. 15 (2) The duration of the warranty and the 16 requirements to be performed by the warrantee before the 17 warrantor will fulfill the warranty. 18 (3) All conditions and limitations of the warranty 19 and the manner in which the warrantor will fulfill the 20 warranty, such as by repair, replacement, or refund. 21 (4) Any options of the warrantor or warrantee. 22 (5) The warrantor's identity and address. 23 (b) When repair or diagnostic work is performed pursuant 24 to a warranty, a collision repair facility shall give an 25 estimate of the time to complete repairs. 26 Section 50. Consumer disclosures; required signs. Every 27 motor vehicle repair facility shall post in a prominent place 28 on the business premises one or more signs, readily visible 29 to customers, in the following form: 30 YOUR CUSTOMER RIGHTS. UNLESS THE FACILITY PROVIDES A FIRM 31 PRICE QUOTATION, YOU ARE ENTITLED BY LAW TO: SB228 Enrolled -8- LRB093 04543 LCB 04596 b 1 1. A WRITTEN ESTIMATE FOR REPAIRS THAT WILL COST MORE THAN 2 $100 UNLESS ABSENT FACE-TO-FACE CONTACT (SEE ITEM 3 BELOW). 3 2. AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS THAT EXCEED 4 THE ESTIMATED TOTAL PRE-SALES-TAX COST BY MORE THAN 10% OR 5 THAT EXCEED THE LIMITED PRICE ESTIMATE. 6 3. AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR MOTOR 7 VEHICLE IS LEFT WITH THE COLLISION REPAIR FACILITY WITHOUT 8 FACE-TO-FACE CONTACT BETWEEN YOU AND THE COLLISION REPAIR 9 FACILITY PERSONNEL. 10 IF YOU HAVE AUTHORIZED A REPAIR IN ACCORANCE WITH THE ABOVE 11 INFORMATION, YOU ARE REQUIRED TO PAY FOR THE COSTS OF THE 12 REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES. 13 The first line of each sign shall be in letters not less 14 than 1.5 inches in height, and the remaining lines shall be 15 in letters not less than 0.5 inch in height. 16 Section 55. Recordkeeping. Every collision repair 17 facility shall maintain copies of estimates for contracted 18 work and all invoices. The copies may be maintained in an 19 electronic format, shall be kept for 2 years, and shall be 20 available for inspection by the Attorney General. 21 Section 60. Removal of motor vehicle from facility. Upon 22 reasonable notice and during the collision repair facility's 23 business hours, a consumer may remove a motor vehicle from a 24 collision repair facility upon paying for the following: 25 (1) Labor actually performed. 26 (2) Parts actually installed. 27 (3) Parts ordered specifically for the consumer's 28 car if the order is not cancelable or the parts are not 29 returnable for cash or credit. 30 (4) Storage and administrative charges imposed in SB228 Enrolled -9- LRB093 04543 LCB 04596 b 1 accordance with the schedule of charges if posted on a 2 sign within the shop or otherwise disclosed to consumers 3 prior to repairs. 4 Section 65. Lien barred. A collision repair facility 5 that fails to comply with Section 15, 20, 25, 30, 35, 40, 45, 6 50, 55, or 60 is barred from asserting a possessory or 7 chattel lien for the amount of the unauthorized parts or 8 labor upon the motor vehicle or component. 9 Section 70. Unlawful acts or practices. Each of the 10 following acts or practices is unlawful when committed by a 11 motor vehicle collision repair facility: 12 (1) Advertising in a false, deceptive, or 13 misleading manner. 14 (2) Charging a consumer for parts not delivered or 15 installed or a labor operation or repair procedure that 16 has not actually been performed. 17 (3) Unauthorized operation of a consumer's motor 18 vehicle for purposes not related to repair or diagnosis. 19 (4) Failing or refusing at the time of sale to 20 provide a consumer, upon request, a copy at no charge, of 21 any document signed by the consumer. 22 (5) Retaining duplicative payment from both the 23 consumer and warranty or insurance proceeds, but not 24 limited to, for the same covered component, part, or 25 labor in excess of collision repair facility final repair 26 charges. 27 (6) Charging a consumer for unnecessary repairs. 28 For purposes of this paragraph, "unnecessary repairs" 29 means those repairs for which there is not reasonable 30 basis for performing the service. A reasonable basis 31 includes: (i) that the repair service is consistent with 32 specifications established by law or the manufacturer of SB228 Enrolled -10- LRB093 04543 LCB 04596 b 1 the motor vehicle, component, or part; (ii) that the 2 repair is in accordance with usual and customary 3 practices; (iii) that the repair was performed at the 4 specific request of the consumer after the recommendation 5 is not in accordance with manufacturer or accepted trade 6 practices; or (iv) that the repair is at the consumer's 7 request. 8 (7) Misrepresenting the terms of a warranty, 9 guarantee, or service agreement. 10 (8) Altering a motor vehicle to create a condition 11 requiring repair. 12 (9) Failing to honor a warranty, guarantee, or 13 service agreement to which the collision repair facility 14 is party. 15 (10) Charging or receiving payment for repairs not 16 authorized by the consumer under Section 15, 20, 25, 30, 17 35, 40, 45, 50, 55, or 60. 18 (11) A pattern or practice of preparing written 19 estimates underestimating the final costs of repairs. 20 Section 75. Violations. Whenever an automotive collision 21 repair facility is knowingly engaged in or has knowingly 22 engaged in a persistent practice or pattern of conduct at a 23 single location that violates this Act, that, knowingly, 24 persistent practice or pattern of conduct shall be deemed an 25 unlawful act or practice under the Consumer Fraud and 26 Deceptive Business Practices Act. In the case of knowing, 27 persistent practice, or pattern of conduct, all remedies, 28 penalties, and authority available to the Attorney General 29 and the several State's Attorneys under the Consumer Fraud 30 and Deceptive Business Practices Act for the enforcement of 31 that Act shall be available for the enforcement of this Act. 32 Section 80. Exemptions. This Act does not apply to SB228 Enrolled -11- LRB093 04543 LCB 04596 b 1 facilities covered by the Automotive Repair Act. 2 Section 800. The Automotive Repair Act is amended by 3 adding Section 83 as follows: 4 (815 ILCS 306/83 new) 5 Sec. 83. Exemptions. This Act does not apply to 6 automotive collision and body repair facilities as defined in 7 the Automotive Collision Repair Act.