815 ILCS 308/ Automotive Collision Repair Act.

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BUSINESS TRANSACTIONS
(815 ILCS 308/) Automotive Collision Repair Act.

815 ILCS 308/1

(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.)

815 ILCS 308/5

(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.)

815 ILCS 308/10

(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 a crash 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 crash 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. 102-982, eff. 7-1-23.)

815 ILCS 308/15

(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.)

815 ILCS 308/20

(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.)

815 ILCS 308/25

(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.)

815 ILCS 308/30

(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 a crash 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. 102-982, eff. 7-1-23.)

815 ILCS 308/35

(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

written estimate or a firm price quotation of the price for labor and parts necessary to disassemble or repair the motor vehicle.

(2) By telephone or otherwise, the consumer has been

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.

(3) The consumer has given his or her oral or written

authorization to the collision repair facility to disassemble or make the repairs pursuant to the written estimate or firm price quotation.

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.)

815 ILCS 308/40

(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.)

815 ILCS 308/45

(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

a description of parts and service included in or excluded from the warranty.

(2) The duration of the warranty and the requirements

to be performed by the warrantee before the warrantor will fulfill the warranty.

(3) All conditions and limitations of the warranty

and the manner in which the warrantor will fulfill the warranty, such as by repair, replacement, or refund.

(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.)

815 ILCS 308/50

(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 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. 95-331, eff. 8-21-07.)

815 ILCS 308/55

(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.)

815 ILCS 308/60

(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 car

if the order is not cancelable or the parts are not returnable for cash or credit.

(4) Storage and administrative charges imposed in

accordance with the schedule of charges if posted on a sign within the shop or otherwise disclosed to consumers prior to repairs.

(Source: P.A. 93-565, eff. 1-1-04.)

815 ILCS 308/65

(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.)

815 ILCS 308/70

(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

manner.

(2) Charging a consumer for parts not delivered or

installed or a labor operation or repair procedure that has not actually been performed.

(3) Unauthorized operation of a consumer's motor

vehicle for purposes not related to repair or diagnosis.

(4) Failing or refusing at the time of sale to

provide a consumer, upon request, a copy at no charge, of any document signed by the consumer.

(5) Retaining duplicative payment from both the

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.

(6) Charging a consumer for unnecessary repairs. For

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.

(7) Misrepresenting the terms of a warranty,

guarantee, or service agreement.

(8) Altering a motor vehicle to create a condition

requiring repair.

(9) Failing to honor a warranty, guarantee, or

service agreement to which the collision repair facility is party.

(10) Charging or receiving payment for repairs not

authorized by the consumer under Section 15, 20, 25, 30, 35, 40, 45, 50, 55, or 60.

(11) A pattern or practice of preparing written

estimates underestimating the final costs of repairs.

(Source: P.A. 93-565, eff. 1-1-04.)

815 ILCS 308/75

(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.)

815 ILCS 308/80

(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.)

815 ILCS 308/800

(815 ILCS 308/800)

Sec. 800.

(Amendatory provisions; text omitted).

(Source: P.A. 93-565, eff. 1-1-04, text omitted.)