(a)  Under this chapter, the department of attorney general’s consumer protection unit has the power to make and conduct any investigations that 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.

Terms Used In Rhode Island General Laws 5-38.3-4

  • Consumer protection unit: means the consumer protection unit of the department of the attorney general. See Rhode Island General Laws 5-38.3-2
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Repair: means any alteration or adjustment to a motor vehicle, or diagnoses of a malfunction. See Rhode Island General Laws 5-38.3-2
  • repair shop: means any person who, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions, except that these terms do not include:

    (i)  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;

    (ii)  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;

    (iii)  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 other minor repair and servicing functions that the director by rule prescribes;

    (iv)  Any person solely engaged in the business of repairing farm- or road-building machines, or any other utility vehicles that the director may by regulation designate;

    (v)  Any person who is governed by the provisions of chapters 5 and 5. See Rhode Island General Laws 5-38.3-2

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(b)  The attorney general may establish, by rule or regulation, criteria upon which the necessity for investigation or complaints is determined. This 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.

(c)  The attorney general may prescribe any rules and regulations that he or she deems necessary to effectuate the purpose of this chapter.

History of Section.
P.L. 1994, ch. 371, § 1.