Illinois Compiled Statutes 815 ILCS 308/70 – Unlawful acts or practices
Current as of: 2024 | Check for updates
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Each of the following acts or practices is unlawful when committed by a motor vehicle collision repair facility:
(1) Advertising in a false, deceptive, or misleading
(1) Advertising in a false, deceptive, or misleading
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manner.
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(2) Charging a consumer for parts not delivered or
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installed or a labor operation or repair procedure that has not actually been performed.
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(3) Unauthorized operation of a consumer’s motor
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vehicle for purposes not related to repair or diagnosis.
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(4) Failing or refusing at the time of sale to
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provide a consumer, upon request, a copy at no charge, of any document signed by the consumer.
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(5) Retaining duplicative payment from both the
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consumer and warranty or insurance proceeds, but not limited to, for the same covered component, part, or labor in excess of collision repair facility final repair charges.
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(6) Charging a consumer for unnecessary repairs. For
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purposes of this paragraph, “unnecessary repairs” means those repairs for which there is not reasonable basis for performing the service. A reasonable basis includes: (i) that the repair service is consistent with specifications established by law or the manufacturer of the motor vehicle, component, or part; (ii) that the repair is in accordance with usual and customary practices; (iii) that the repair was performed at the specific request of the consumer after the recommendation is not in accordance with manufacturer or accepted trade practices; or (iv) that the repair is at the consumer’s request.
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(7) Misrepresenting the terms of a warranty,
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guarantee, or service agreement.
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(8) Altering a motor vehicle to create a condition
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requiring repair.
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(9) Failing to honor a warranty, guarantee, or
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service agreement to which the collision repair facility is party.
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(10) Charging or receiving payment for repairs not
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authorized by the consumer under Section 15, 20, 25, 30, 35, 40, 45, 50, 55, or 60.
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(11) A pattern or practice of preparing written
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estimates underestimating the final costs of repairs.
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