10 NEW JERSEY CAR REPAIR FRAUD FREQUENTLY ASKED QUESTIONS

There are many kinds of conduct which support New Jersey automotive repair fraud cases. The following acts or omissions by a New Jersey automotive repair shop violate the New Jersey Consumer Fraud Act, regardless of whether such act or omission is done by the car repair shop or by any mechanic, employee, partner, officer or member of the repair shop:

• Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrue or misleading, and which is known, or by which the exercise of reasonable care should be known, to be untrue or misleading.
• Starting work for compensation without securing one of the following:
  • Specific written authorization from the Customer, signed by the Customer, which states the nature of the repair requested or problem presented and the odometer reading of the vehicle; or
  • If the Customer's vehicle is presented to the shop during other than normal working hours or by one other than the Customer, oral authorization from the Customer to proceed with the requested repair or problem presented, evidenced by a notation on the repair order and/or invoice of the repairs requested or problem presented, date, time, name of person granting such authorization, and the telephone number, if any, at which said person was contacted.
• Starting work for compensation without either:
  • One of the following:
  • (1) Providing the Customer with a written Automotive repair estimated price to complete the repair, quoted in terms of a not-to-exceed figure; or
  • (2) Providing the Customer with a written repair estimated price quoted as a detailed breakdown of parts and labor necessary to complete the repair. If the shop makes a diagnostic examination, the shop has the right to furnish such Estimate within a reasonable period of time thereafter, and to charge the Customer for the cost of diagnosis. Such diagnostic charge must be agreed to in advance by the Customer. No cost of diagnosis which would have been incurred in accomplishing the repair shall be billed twice if the Customer elects to have the New Jersey car repair shop make the repair; or
  • (3) Providing the Customer with a written Estimated price to complete a specific New Jersey car repair, for example, "valve job"; or
  • (4) Obtaining from the Customer a written authorization to proceed with Repairs not in excess of a specific dollar amount. For the purposes of this subchapter, said dollar amount shall be deemed the Estimated price of the Repairs; or
  • (5) If the Customer waives his right to a written Estimate in a written statement, signed by the Customer, obtaining from the Customer oral approval of an Estimated price of the Repairs, evidenced by a notation on the repair order or invoice of the Estimated price of the Repairs, date, time, name of person approving such Estimate, and the telephone number, if any, at which such person was contacted; or
  • If the Customer's vehicle is presented to the Car repair shop during other than normal working hours or by one other than the Customer, obtaining from the Customer either:
  • (1) A written authorization to proceed with Repairs not in excess of a specific dollar amount. For the purposes of this subchapter, said dollar amount shall be deemed the Estimated price of the Repairs; or
  • (2) Oral approval of an Estimated price of the Repairs evidenced by a notation on the repair order or invoice of the Estimated price of the Repairs, date, time, name of person approving such Estimate, and the telephone number, if any, at which such person was contacted.
• Failure to provide a Customer with a copy of any receipt or document signed by the Customer, when the customer signs it.
• Making deceptive or misleading statements or false promises of a character likely to influence, persuade or induce a Customer to authorize the repair, service or maintenance of a motor vehicle.
• Charging the Customer for work done or parts supplied in excess of any Estimated price given, without the oral or written consent of the Customer, which shall be obtained after it is determined that the Estimated price is insufficient and before the work not Estimated is done or the parts not Estimated are supplied. If such consent is oral, the car repair shop shall make a notation on the repair order and on the invoice of the date, time, name of person authorizing the additional repairs and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost.
• Failure to return replaced parts to the Customer at the time of completion of the work provided that the Customer, before work is commenced, requests such return, and provided that the parts by virtue of their size, weight, or other similar factors are not impractical to return. Those parts and components that are replaced and that are sold on an exchange basis, and those parts that are required to be returned by the Car repair shop to the manufacturer or distributor, are exempt from the provisions of this section.
• Failure to record on an invoice all repair work performed by a car repair shop for a Customer, itemizing separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditioned or used parts have been supplied. A legible copy shall be given to the Customer.
• The failure to deliver to the Customer, with the invoice, a legible written copy of all guarantees, itemizing the parts, components and labor represented to be covered by such guaranty, or in the alternative, delivery to the Customer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order. A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing the following:
  • The nature and extent of the guaranty including a description of all parts, characteristics or properties covered by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimant before the guarantor will fulfill his obligation (such as returning the product and paying service or labor charges);
  • The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations and exactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantor or recipient has an option as to what may satisfy the guaranty, this must be clearly stated;
  • The guarantor's identity and address shall be clearly revealed in any documents evidencing the guaranty.

If a New Jersey automotive repair shop violates any of these requirements, the shop could be found liable for violating the New Jersey Consumer Fraud Act.