§ 66-19-104 — Duty to inform consumer of rights

(a) Before beginning any repair work on a motor vehicle, an automotive repair facility shall inform the consumer for whom the repairs are to be done of the following rights: (1) That a consumer: (A) May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and (B) May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and (2) That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer. (b) The consumer's rights provided in subsection (a) shall be: (1) Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type; (2) Physically separated from the other terms of the form used for authorization of repairs; and (3) Listed under the printed heading "Consumer's Rights." (c) If any automotive repair facility informs a consumer orally of the consumer's rights, the facility shall record in writing: (1) The name of the persons who were notified or whom the facility attempted to notify; (2) The date and time of the notification or attempt; and (3) The signature of the person who made the notification or attempted notification. (d) Failure to comply with this section shall abrogate the repair facility's rights under § 66-19-103 . (e) Nothing in this section shall apply to any person or entity licensed under title 55, chapter 17.

Legislative History

Acts 2001, ch. 194, § 1 - 3.