(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 |
| 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.
(Source: P.A. 90-426, eff. 1-1-98.)
|
(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 |
| 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.
|
|
(Source: P.A. 90-426, eff. 1-1-98.)
|
(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 |
| 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.
(Source: P.A. 90-426, eff. 1-1-98.)
|
(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.)
|
(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 |
| 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.
(Source: P.A. 90-426, eff. 1-1-98.)
|
(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 |
|
(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
|
|
(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.
|
|
(Source: P.A. 90-426, eff. 1-1-98.)
|