 Rhode Island Motor Vehicle Repair Shop Act
Definitions.
As used in this section:
"Consumer protection unit" shall mean the consumer protection unit of the department of attorney general.
"Day" shall mean calendar day except that if the last day is a Saturday, Sunday or holiday there shall be an extension of time to the conclusion of the next business day.
"Deceptive practice" shall mean a deceptive act or practice as defined in chapter 13.1 of title 6.
"Diagnostic center" shall mean a business which examines motor vehicles to determine the cause or location of malfunctions in motor vehicles.
"Documentary material" shall mean the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording wherever situate.
"Estimate" shall mean the repair shop's determination of the cost of parts and the cost of labor needed to perform offered services. If a teardown is needed to determine the services required to repair a motor vehicle malfunction, the estimate which includes the cost of teardown and reassembly shall clearly state that such estimate does not include the cost of repairs.
"Examination" of documentary material shall include the inspection, study, or copying of any documentary material, and the taking of testimony under oath or acknowledgement in respect of any documentary material or copy thereof.
"Flat rate" shall mean relevant time allocated to a job as indicated in the manual used. These times may differ from actual time.
"Guarantee" shall mean an obligation undertaken by a repair shop to re-repair a vehicle at no charge or at a reduced charge for parts or labor or both.
"Invoice" shall mean a bill in writing listing the details of the transaction between the repair shop and the customer as required by this part.
"Motor vehicle" shall mean every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except
- Electrically-driven mobility assistance devices operated or driven by a person with a disability;
- Vehicles which run only upon rails or tracks;
- Snowmobiles;
- Farm type tractors and all terrain vehicles used exclusively for agricultural purposes; and
- Towed vehicles designed and primarily used for some other purpose other than transporting people or property.
The term "motor vehicle" shall exclude fire and police vehicles other than ambulances.
"Motor vehicle repair shop" or "repair shop" shall mean any person who, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions, except that such term does not include:
- Any employee of a motor vehicle repair shop who engages in the business of repairing motor vehicles solely by reason of his or her employment;
- Any person who is solely engaged in the business of repairing the motor vehicles of a single commercial or industrial establishment, or of the federal, state or local government or any agency thereof;
- Any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, or such other minor repair and servicing functions as the director shall by rule prescribe; or
- Any person solely engaged in the business of repairing farm or road building machines, or such other utility vehicles as the director may by regulation designate.
- Any person who is governed by the provisions of chapters 5 and 5.1 of title 31;
- "Motor vehicle repair shop" shall also include any shop, drive-in station, or garage operated by any person, firm, corporation or association at which motor vehicles are inspected for the purposes of appraising, evaluating or estimating the cost of motor vehicle repairs, and the repairs are actually performed.
"Reasonable fee for making an estimate" shall mean an amount based on no more than the shop's labor charge, calculated by clock hours, or one dollar ($1.00), whichever is greater.
"Repair" shall mean any alteration or adjustment to a motor vehicle, or diagnosing a malfunction.
"Timely written demand" shall mean a request in writing made to the repair shop operator by the customer before any work is done on the vehicle.
"Trade" and "commerce" shall mean the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state.
"Warranty" shall mean a promise made by a manufacturer that a vehicle will be repaired at no charge or at a reduced charge for parts or labor or both.
"Work order" shall mean an authorization, either oral or written, on the part of the customer for the repair shop to perform a service.
Obligations of motor vehicle repair shop.
The repair shop shall:
- Upon request of any customer make an estimate in writing of the parts and labor necessary for each specific repair or service offered and shall not charge for work done or parts supplied in excess of the estimate without the consent of such customer. The repair shop may charge a reasonable fee for making an estimate. The repair shop may elect to apply the estimate fee to services actually performed. The estimate shall contain the following information: the customer's name, the name of the repair shop, the date of the estimate, a list of parts necessary for each specific repair together with the costs for each part, indicating any parts which are not new parts of at least original equipment quality, the labor charge for each repair together with the costs of each labor charge, year and make of vehicle, registration plate number or vehicle identification number, a description of the problem reported by the customer, and a statement informing the customer of his or her right to receive replaced parts if the customer makes a written request for such return. All information on an estimate must be legible;
- Written estimates must indicate the hourly labor charge and how it is computed, i.e., by clock hours or flat rate. If flat rate, the manual used must be specified. However, a repair shop may utilize a job rate which covers both labor and parts on mechanical and electrical repairs costing less than two hundred dollars ($200). When a job rate is used, a list of parts must be included in the estimate and invoice;
- If flat rate is used, the consumer shall be shown relevant time rates as listed in the manual, on request;
- A customer may not be charged for storage or automotive repair unless notice in writing is given. Notice may be given by a statement on an estimate or other document given the customer, by letter or by other written means which gives the customer actual notice. Storage may not be charged during the period from which the customer has authorized repairs to one (1) business day after the repair shop has notified the customer to pick up the repaired vehicle;
- Upon reasonable notice, a customer may remove a vehicle from a repair shop during the shop's business hours upon paying for: (1) labor actually performed; (2) parts actually installed; (3) parts ordered specifically for the customer's car if the order is not cancellable or the parts not returnable for cash or credit; and (4) storage charges imposed in accordance with subdivision (iii) of this section;
- Not perform any services not authorized by the customer by a work order. If a repair shop prepares a written work order, a copy shall be given to the customer. If a written work order is prepared by the customer, such work order shall be attached to the invoice. If the customer gives an oral work order, the oral work order shall be noted on the invoice and shall include the date, time and manner of authorization and by whom such authorization was given;
- Provide the customer with an invoice. An invoice shall contain the following information: the name and address of the repair shop, the date of the invoice, the date the vehicle was presented to the repair shop for repair or services, a list of all parts supplied and labor performed, including the cost for each such part and labor, a notation indicating the status of any part used which is not new and of at least original quality (i.e., used, rebuilt, etc.), the odometer reading on the vehicle at the time it was left with the repair shop and the odometer reading at the time the invoice was prepared, a promised date of delivery, if any such date was given, the name of the customer, year and make of the vehicle, the terms and time limit of any guarantee for the repair work performed, a description of the problem reported by the customer. A repair performed under warranty requires an invoice which complies with this subdivision. All information on an invoice must be legible;
- Return replaced parts if a timely written demand is made by the customer. If work is authorized over the telephone, it shall be presumed that the customer wants his or her parts returned and the repair shop shall keep such parts until the customer or his or her agent appears to retrieve the motor vehicle at which time the replaced parts shall be given to the customer if he or she so directs. This subdivision does not apply to parts, components or equipment normally sold on an exchange basis or subject to a manufacturer's warranty;
- Operate the vehicle while in its possession only in accordance with the direction of the customer or as is necessary to repair or road test the vehicle;
- Make repairs covered by guarantee;
- Not commit fraud or engage in deceptive practices.
Powers and duties of the attorney general.
Under this chapter, the department of attorney general's consumer protection unit shall have the power to make and conduct such investigations as it deems proper to effectuate the purposes of this chapter. The consumer protection unit will accept complaints against a repair shop up to ninety (90) days or three thousand (3,000) miles after completion of the repairs, whichever comes first. All complaints that are signed shall be reviewed or investigated except those that fall outside the jurisdiction of this chapter. The consumer protection unit may assist in settlement of disputes between the repair shop and the complainant.
The attorney general may establish, by rule or regulation, criteria upon which the necessity for investigation or complaints shall be determined. Such criteria may include but not be limited to the alleged financial loss to the complainant, the indication of a recurring incidence of fraud or deceptive practices, or the essential nature of the service provided to the safe operation of the vehicle.
The attorney general may prescribe such rules and regulations as he or she shall deem necessary to effectuate the purpose of this chapter.
Investigation -- Procedure -- Remedies for failure to comply.
When it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this chapter, or when the attorney general believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this chapter, he or she may execute in writing and cause to be served, upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, an investigative demand, stating the general subject matter of the investigation and the statute and section the alleged or suspect ed violation of which is under investigation and requiring the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the deceptive and/or fraudulent practice in the repair of motor vehicles or the conduct of any trade or commerce that is the subject matter of the investigation. All civil investigative demands shall be filed in the superior court of the county in which the person served with the demand shall dwell or have his or her principal place of business.
At any time before the return date specified in an investigative demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date or to modify or set aside the demand, stating good cause, may be filed in the superior court in which the person served with the demand shall dwell or have his or her principal place of business, or in the superior court of Providence county.
To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him or her by this chapter, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry; provided that none of the powers conferred by this chapter shall be used for the purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate the person or subject him or her to a penalty or forfeiture; and provided further that information obtained pursuant to the powers conferred by this chapter shall not be made public or disclosed by the attorney general or his or her employees beyond the extent necessary for law enforcement purposes in the public interest.
Service of any notice, demand, or subpoena under this chapter shall be made personally within this state, but if personal service cannot be obtained, substituted service therefor may be made in the following manner:
- Personal service thereof without this state; or
- The mailing thereof by registered or certified mail to the last known place of business, residence, or abode within or without this state of the person for whom the service is intended; or
- As to any person other than a natural person, in the manner provided in the rules of civil procedure as if a complaint or other pleading which institutes a civil proceeding had been filed; or
- Such service as the superior court may direct in lieu of personal service within this state.
A person upon whom a demand is served pursuant to the provisions of this section shall comply with the terms thereof unless otherwise provided. Subject to the protections provided for in subsection (c) of this section relating to self incrimination, any person who, with intent to avoid, evade, or prevent compliance in whole or in part, with any civil investigative demand under this section, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject of any demand, or knowingly conceals any relevant information, shall be fined not more than two thousand five hundred dollars ($2,500).
If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the attorney general, the attorney general may file in the superior court of the county in which the person shall dwell or be found, or has his or her principal place of business, or of Providence county, if the superior court at the aforethe county shall not be in session, or if the person is a nonresident or has no principal place of business in this state, or of the other county as may be agreed upon by the parties to the petition, and serve upon the person a petition for an order of the court for the enforcement of this section, and the petition may request and the court shall have jurisdiction to grant after notice and hearing, an order:
- Granting injunctive relief to restrain the person from engaging in the deceptive and/or fraudulent practice in the repair of motor vehicles or the conduct of any trade or commerce that is involved in the alleged or suspected violation;
- Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits, or certificates issued pursuant to law to the person which are used to further the allegedly unlawful practice; and
- Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand.
- Any final order so entered shall be subject to appeal to the state supreme court. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
Injunctive relief and civil penalties.
The superior court of this state shall have jurisdiction to prevent and restrain violations of this chapter. In addition to granting prohibitory injunctive and other restraints for a period of time and upon terms and conditions necessary to deter and insure against, the committing of future violations of this chapter, the court may grant injunctive relief reasonably necessary to dissipate the ill effects of the violation. The court may issue appropriate decrees upon consent and stipulation by the parties. The court may also issue restraining orders. Under no circumstances shall the state be required to post bond in any action hereunder.
The attorney general may institute proceedings to prevent and restrain violations of this chapter as provided in subsection (a) of this section.
Any person may institute proceedings for injunctive relief, temporary or permanent, as provided in subsection (a) of this section against threatened loss or damage to his or her property by a violation of this chapter. A preliminary injunction may be issued upon a showing that the danger of irreparable loss or damage is immediate and, within the court's discretion, the execution of property bond against damages for an injunction improvidently granted. If the court issues a permanent injunction, the plaintiff shall be awarded reasonable attorney's fees, filing fees, and reasonable costs of the suit. Reasonable costs for the suit may include but shall not be limited to the expenses of discovery and document production.
In addition to injunctive relief authorized pursuant to subsection (a) of this section, any person, firm, corporation or other entity in violation of this chapter may be liable for a civil penalty in a suit by the attorney general of this state of not more than one thousand dollars ($1,000) for each violation.
Severability.
If any part or provision of this chapter or the application thereof to any person or circumstances be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances.
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