(a) In connection with a consumer transaction involving a motor vehicle repair or any service on a motor vehicle where the anticipated cost exceeds twenty five dollars ($25.00) and there has been face-to-face contact at the supplier’s place of business during the hours such repairs or services are offered, between the consumer or his representative, prior to the commencement of the repair, no supplier shall:
(1) Fail, at the time of initial face-to-face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer’s name and phone number, the reasonably anticipated completion date, and, if the consumer chooses to be provided with a written estimate, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain a disclosure in substantially the following language:
ESTIMATE
You have the right to an estimate if the expected cost of repairs or services will be more than Twenty-Five Dollars ($25.00). Your bill will not be higher than the estimate by more than ten percent (10%) unless you approve a larger amount before repairs are finished. Initial your choice:
Written Estimate
Oral Estimate
No Estimate
(2) Fail to post a sign in a conspicuous place within that area of the supplier’s place of business to which consumers requesting a repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face-to-face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:
NOTICE
IF THE EXPECTED COST OF REPAIR OR SERVICE IS MORE THAN TWENTY-FIVE DOLLARS ($25.00), YOU HAVE THE RIGHT TO RECEIVE A WRITTEN ESTIMATE OR ORAL ESTIMATE BEFORE WE BEGIN WORK. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN TEN PERCENT (10%) UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. OHIO LAW REQUIRES US TO GIVE YOU A FORM SO THAT YOU CAN CHOOSE EITHER A WRITTEN. ORAL, OR NO ESTIMATE.
(3) Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services, to make a bona fide effort during the initial faceto- face contact to provide the written estimate on the form required by paragraph (a)(1) of this Section;
(4) Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service;
(b) In connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where there has not been face-to-face contact between the consumer or his representative and the supplier or his representative prior to the commencement of the repair or service, no supplier shall:
(1) Fail to make available to a consumer who makes a supplier-authorized delivery of a motor vehicle for repair or service at the supplier’s place of business during non-business hours of the repair or service facility, a form in duplicate with instruction directing the consumer to retain a copy which indicates the identity of the supplier. The form shall contain disclosures in substantially the following language:
ESTIMATE
YOU HAVE THE RIGHT TO AN ESTIMATE OF THE COST OF REPAIRS OR SERVICES WHICH YOU ARE REQUESTING. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN TEN PERCENT (10%) UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. YOU CAN CHOOSE THE KIND OF ESTIMATE YOU WANT TO RECEIVE BY SIGNING YOUR NAME UNDER ONE OF THE FOLLOWING CHOICES AND INDICATING A TELEPHONE NUMBER WHERE YOU CAN BE REACHED IF NECESSARY:
(a) Written Estimate
(Customer Signature)
(b) Oral Estimate
(Customer Signature)
(c) No Estimate
(Customer Signature)
Customer Name
Customer Telephone Number
Date
(2) Fail in all other instances, upon the first contact with the consumer, to inform the consumer of the right to receive a written or oral estimate of the anticipated cost of the repair or service;
(3) Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service;
(4) Fail, where the consumer requests a written estimate, to prepare the written estimate, inform the consumer that the estimate is available and upon the consumer’s request, give the estimate to the consumer before commencing the repair or service.
For purposes of this division, a supplier has not authorized delivery of a motor vehicle during non-business hours of the repair or service facility where there has not been communication of that fact to the general public by the supplier or his representative.
(5) The forms required by divisions (a)(1) and (b)(1) of this Section may be separate or may be incorporated into another form used by the supplier so long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this division shall preclude a supplier from incorporating additional disclosures into the same form.
(6) The sign or form required by paragraph (a)(2) of this Section shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this Section may be incorporated into the sign or form so long as the language required by paragraph (a)(2) of this Section prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by paragraph (a)(1) and the sign or form required by (a)(2) of this Section may be modified to disclose that fact.
(c) In any consumer transaction involving the performance of any repair or service upon a motor vehicle, no supplier shall:
(1) Fail to disclose prior to acceptance of any motor vehicle for inspection, repair, or service, that, in the event the consumer authorizes commencement but does not authorize completion of a repair or service, charges will be imposed for disassembly, reassembly, and partially completed work. Any charge so imposed shall be directly related to the actual amount of labor or parts included in the inspection, repair, or service;
(2) Charge for any repair or service which has not been authorized by the consumer;
(3) Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier whether or not repairs or services are performed;
(4) If the motor vehicle will be towed, fail to disclose upon first contact with a consumer the basis upon which charge will be imposed for such towing;
(5) Charge a consumer an amount which exceeds the quoted estimate by more than ten percent (10%) without the consumer’s approval prior to the completion of the repair;
(6) Materially understate or misstate the estimated cost of the repair;
(7) Fail to provide the consumer with an itemized list of repairs performed or services rendered, including a list of parts and materials, a statement of whether they are used, re-manufactured or rebuilt, the amount charged for labor, and the identity of the individual performing the repair or service;
(8) Fail to tender to the consumer any replaced parts, unless the parts to be rebuilt or sold by the supplier or returned to the manufacturer in connection with warranted repair or services, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;
(9) Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;
(10) Fail to disclose to the consumer prior to the commencement of any repair or service that any part of the repair or service will be performed by a person other than the supplier or his employees; the nature of the repair which any such person will perform and the identity of that person; and the existence of any warranties or the lack thereof on work performed by any such person;
(11) Fail to give the consumer written notification that delivery to the supplier of the parts required for the repair will be delayed for a period of ten (10) days or more;
(12) In the case of lengthy repairs, fail to obtain written consent from the consumer to possess said consumer’s motor vehicle for a period in excess of thirty (30) calendar days;
(13) Fail, where an estimate has been requested by a consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services, when the cost of those repairs or services amounts to ten percent (10%) or more (excluding tax) of the original estimate;
(14) Fail, where the anticipated cost of a repair or service is less than twenty- five dollars ($25.00), to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services, which, if performed, will exceed twenty-five dollars ($25.00);
(15) Fail to provide to the consumer upon his request a written, itemized receipt for any motor vehicle or part thereof that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:
A. The identity of the supplier which will perform the repair or service;
B. The name and signature of the supplier or a representative who actually accepts the motor vehicle or any part thereof;
C. A description including make and model number or such other features as will reasonably identify the motor vehicle or any part thereof to be repaired or serviced;
D. The date on which the motor vehicle or any part thereof was left with or turned over to the supplier.
(d) In any consumer transaction involving the performance of any repair upon a motor vehicle, no supplier shall:
(1) Condition the performance of any repair or service upon a consumer’s waiver of any rights provided for in this Chapter or require the consumer to give any additional security beyond the mechanic’s lien authorized by common law;
(2) Represent that repairs or services are necessary when such is not the fact;
(3) Represent that repairs have been made or services have been performed when such is not the fact;
(4) Represent that a motor vehicle or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition or that the consumer’s continued use of it may be harmful, when such is not the fact.
(e) In lieu of complying with the requirements of paragraphs (a)(1) and (b)(1) to (b)(4) of this Section, a supplier may provide a consumer , prior to the commencement of the repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.
(Ord. 2004-455. Adopted 8-30-04.)