Public Act 93-0565
SB228 Enrolled LRB093 04543 LCB 04596 b
AN ACT concerning automotive motor vehicle repair.
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 Collision Repair Act.
Section 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.
Section 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 an accident 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 accident 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.
Section 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.
Section 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."
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 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.
Section 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 an
accident 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.
Section 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.
Section 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.
Section 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.
Section 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 ACCORANCE 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 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 80. Exemptions. This Act does not apply to
facilities covered by the Automotive Repair Act.
Section 800. The Automotive Repair Act is amended by
adding Section 83 as follows:
(815 ILCS 306/83 new)
Sec. 83. Exemptions. This Act does not apply to
automotive collision and body repair facilities as defined in
the Automotive Collision Repair Act.