As a business owner you understand the importance of making sure you are covered from potential litigation. We are hearing more and more situations in which customers are coming to automotive repair facilities looking for loopholes that will allow them to get work done for free or to take the business owner to court. In most of these cases the consumer is better versed in the Consumer Sales Practices Act than our businesses are. With that in mind, ASA-Ohio would like to give you some important reminders that will help you avoid litigation and customer issues.
One portion of the rule that many businesses are unaware of is the requirement of a “reasonably anticipated completion date”. You can see the exact wording below taken from the rule. Most repair shops provide a repair order when the customer comes in with the rest of the information requested below. By leaving off the completion date a shop is violating the law and can get sued, we have heard of this happening, even in shops that are compliant with all of the other portions of the law.
“Fail, at the time of the 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 telephone number, the reasonably anticipated completion date and, if requested by the consumer, the anticipated cost of the repair or service.”
The next portion pertains to providing a customer with the option of the type of estimate they would like to receive. Many shops are aware of this and a lot of consumers are as well. Being aware of the law and following it are two different things. It is important to make sure this information is presented to every customer when they drop their car off. Many shops include it right on the repair order so the customer is only being presented with one sheet.
“The form shall also clearly and conspicuously contain the following disclosures 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. Initial your choice: _____written estimate _____oral estimate _____no estimate”The final section that will be covered in this article is in regards to notifying the customer of their rights. Most ASA shops are well aware of this component and have at least one sign posted in their office for customers to see. ASA-Ohio still has these signs available and if you would like one please contact Adam Lemke.
“Fail to post a sign in a conspicuous place within that area of the supplier’s place of business to which consumers requesting any 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 a repair or service is more than twenty-five dollars, you have the right to receive a written estimate, oral estimate, or you can choose to receive no estimate before we begin work. Your bill will not be higher than the estimate by more than ten per cent 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.”The law continues on to explain about working with customers outside of business hours, if a repair is not completed and even for repairs under $25. For more information you can contact the Attorney General’s office or download the entire text of the law.
The Automotive Service Association (ASA) has written a letter to Rep. Harold Rogers, R-Ky., chairman of the House Appropriations Committee; and Rep. Norman D. Dicks, D-Wash., ranking member; urging them to reconsider the proposed career and technical education cuts within the proposed fiscal year 2011 Continuing Resolution appropriations bill, specifically those cuts to tech prep programs in the Perkins Career and Technical Education Act.
