Relating to repair or service estimates for certain older motor vehicles, and making penalties applicable

Under current law, a person offering to contract for repairs or service on a motor vehicle (supplier) must inform a person contracting for, or intending to contract for, repairs or service on a motor vehicle used primarily for farm or personal use (consumer) of the consumer’s right to receive a written or oral estimate prior to the commencement of the repairs or service. If the consumer authorizes repairs or service in writing, the authorization form notifies the consumer of the right. If the consumer orally authorizes repairs or service, the supplier must orally inform the consumer of the right. If the consumer requests an estimate, the supplier must provide the estimate to the consumer prior to commencing the repairs or service. For a written estimate, if the nature of repairs or service is unknown at the time that the estimate is given, the supplier may state an hourly labor charge for the work. This bill eliminates a consumer’s right to have a written or oral estimate provided by the supplier prior to the commencement of repairs or service on a motor vehicle years old or older. However, a supplier is not prohibited from providing an estimate prior to commencing repairs or service on such a vehicle. Any such estimate provided voluntarily must be made in good faith, and, if made in good faith, does not bind the supplier to complete the repairs or service at the estimated rate. A supplier who fails to comply with the estimate and service requirements under Code chapter 537B (motor vehicle service trade practices) commits a deceptive act or practice. A deceptive act or practice is subject to a civil action by the attorney general and a civil penalty of up to $40,000 per violation. The bill makes it a deceptive act or practice for a supplier to fail to make an estimate under the bill in good faith, if the supplier provides an estimate.