Michigan Laws 257.1307e – Prohibited conduct
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Terms Used In Michigan Laws 257.1307e
- Customer: means the owner or operator of a motor vehicle. See Michigan Laws 257.1302
- Estimate: means a written statement that itemizes as closely as possible the price for labor, by showing the labor price per hour, the number of hours required to perform the work, and the price of parts necessary for a specific repair. See Michigan Laws 257.1302
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Motor vehicle: means a vehicle that is self-propelled, a vehicle that is propelled by electric power, a motorcycle, or a trailer as those terms are defined in the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 257.1302a
- motor vehicle repair facility: means a place of business that is required to register under this act and that, for compensation, is engaged in the business of performing, or employs individuals who perform, maintenance, diagnosis, vehicle body work, or repair service, or, beginning July 1, 2016, BAIID service, on a motor vehicle. See Michigan Laws 257.1302
- Person: means an individual, corporation, limited liability company, partnership, association, or any other legal entity. See Michigan Laws 257.1302a
- Repair: means the reconditioning, adjustment, alteration, maintenance, or diagnosis of the operating condition of a motor vehicle, with or without the replacement of any component or subassembly of a motor vehicle, for compensation or under the terms of a warranty. See Michigan Laws 257.1302a
- Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Unless legally waived by the customer, fail to give the customer a written estimate before beginning work on a motor vehicle.
(b) Charge for work done or parts supplied in excess of the estimated price without the knowing consent, orally or in writing, of the customer.
(c) Fail to give a customer an estimate for the cost, if any, of reassembly, disassembly, or diagnosis.
(d) Fail to inform a customer, at a time before the customer executes a document or engages the facility for the work, by the use of a notice required under section 33, of his or her right to receive or inspect replaced parts for which he or she will be charged in the repair of his or her motor vehicle.
(e) Fail to retain a customer waiver with the records retained by the facility concerning the transaction.
(f) Charge a customer storage charges if there is a dispute concerning repair charges. If a delay in repairs is caused by a lack of parts, a facility may charge for storage after informing the customer of the approximate length of the anticipated delay and of the daily storage charge rate and obtaining the customer’s consent to the delay and the storage charges.
(g) Fail to comply with the truth in lending act, 15 USC 1601 to 1667f, and the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873, if the customer finances repairs through the facility.
(h) Fail in practice to comply with advertised or stated payment policies.
(i) Conspire with another to fix prices.
(j) Conspire with another to allocate the market between them.
(k) Fail to notify a customer of an exchange agreement and charges for exchange parts if the customer wishes to have those parts returned.
(l) Fail to disclose, on the customer’s request, the method used by a facility to compute labor charges.