Public Act 90-0426 of the 90th General Assembly
Public Act 90-0426
SB1039 Enrolled LRB9002918DJpkA
AN ACT concerning the automotive repair industry.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Automotive Repair Act.
Section 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.
Section 10. Definitions. In this Act:
"Automotive repair" includes, but is not limited to:
(1) All repairs to motor vehicles that are commonly
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.
(2) All repair work in motor vehicle repair
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.
"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.
Section 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
facilities shall describe in the estimate the major parts
needed to effectuate the repair and whether parts are new
or used.
(2) Calculation of labor costs. Estimates shall
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.
(3) Required or suggested repairs. Estimates shall
indicate whether the estimated repairs are required or
suggested.
(4) Disassembly and reassembly charges. If it is
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.
(5) Date. The estimate shall include the date the
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.
Section 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.
Section 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.
Section 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.
Section 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 written estimate or a firm price quotation of the price
for labor and parts necessary to 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 motor vehicle repair
facility to make the repairs pursuant to the written
estimate or firm price quotation.
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.
Section 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.
Section 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.
Section 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.
Section 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 a description of parts or 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 motor vehicle repair facility shall give an
estimate of the time to complete the repairs.
Section 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.
Section 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.
Section 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
car if the order is not cancelable or the parts are not
returnable for cash or credit.
(4) Storage charges imposed in accordance with the
schedule of charges if disclosed to consumers prior to
repairs.
Section 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.
Section 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 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 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 the warranty or extended service contract
provider for the same covered component, part, or labor.
(6) Charging a consumer for unnecessary repairs.
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.
(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 motor vehicle repair
facility is a 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.
Section 85. Violations. Whenever an automotive 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 knowing, 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 such a 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.
Section 190. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who
knowingly violates the Automotive Repair Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic
Telephone Dialers Act, the Pay-Per-Call Services Consumer
Protection Act, the Telephone Solicitations Act, the Illinois
Funeral or Burial Funds Act, the Cemetery Care Act, or the
Pre-Need Cemetery Sales Act commits an unlawful practice
within the meaning of this Act.
(Source: P.A. 88-288; 89-72, eff. 12-31-95; 89-615, eff.
8-9-96.)