Duty to Inform Consumer of Rights

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  1. Before beginning any repair work on a motor vehicle, an automotive repair facility shall inform the consumer for whom the repairs are to be done of the following rights:
    1. That a consumer:
      1. May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and
      2. May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and
    2. That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer.
  2. The consumer's rights provided in subsection (a) shall be:
    1. Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type;
    2. Physically separated from the other terms of the form used for authorization of repairs; and
    3. Listed under the printed heading “Consumer's Rights.”
  3. If any automotive repair facility informs a consumer orally of the consumer's rights, the facility shall record in writing:
    1. The name of the persons who were notified or whom the facility attempted to notify;
    2. The date and time of the notification or attempt; and
    3. The signature of the person who made the notification or attempted notification.
  4. Failure to comply with this section shall abrogate the repair facility's rights under § 66-19-103.
  5. Nothing in this section shall apply to any person or entity licensed under title 55, chapter 17.


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