Sec. 70. Unlawful acts or practices.

315 words·~1 min read·/il/chapter-815/act-308/70

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 70. Unlawful acts or practices. 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 manner.

(2)Charging a consumer for parts not delivered or installed or a labor operation or

repair procedure that has not actually been performed.

(3)Unauthorized operation of a consumer's motor vehicle for purposes not related to

repair or diagnosis.

(4)Failing or refusing at the time of sale to provide a consumer, upon request, a copy

at no charge, of any document signed by the consumer.

(5)Retaining duplicative payment from both the 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.

(6)Charging a consumer for unnecessary repairs. For 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.

(7)Misrepresenting the terms of a warranty, guarantee, or service agreement.

(8)Altering a motor vehicle to create a condition requiring repair.

(9)Failing to honor a warranty, guarantee, or service agreement to which the collision

repair facility is party.

(10)Charging or receiving payment for repairs not authorized by the consumer under

Section 15, 20, 25, 30, 35, 40, 45, 50, 55, or 60.

(11)A pattern or practice of preparing written estimates underestimating the final

costs of repairs.