Short title
Short title. This Act may be cited as the Automotive Repair Act. (Source: P.A. 90-426, eff. 1-1-98.)
Illinois · statute · 815 ILCS 306 · 20 active provisions
Short title. This Act may be cited as the Automotive Repair Act. (Source: P.A. 90-426, eff. 1-1-98.)
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 confidenc…
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 veh…
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…
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…
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 not…
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…
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…
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…
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…
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…
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 war…
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 E…
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. (Source: P.A. 90-426, eff. 1-1-98.)
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 c…
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. (Source: P.A. 90-426, eff. 1-1-98.)
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…
Exemptions. This Act does not apply to automotive collision and body repair facilities as defined in the Automotive Collision Repair Act. (Source: P.A. 93-565, eff. 1-1-04.)
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…
(Amendatory provisions; text omitted). (Source: P.A. 90-426, eff. 1-1-98; text omitted.)