Try to think of an object you rely on for your livelihood. You know little about fixing it and even if you did, you lack the means to do so in the most serious cases. Operating it is always far simpler than the mechanics which allow you to do so. If you have not pictured it yet, I am talking about your automobile.
Ever since automobiles have existed, so have experts both real and self-described. Where there is a dollar to be made, experts shall appear. Unfortunately, that means both kinds. This makes it tough for a consumer to determine the authenticity of a mechanic’s ability without having to gauge his or her honesty. This is where New Jersey’s Consumer Fraud Act (“CFA”) comes in. It just so happens that New Jersey’s CFA is among the most powerful consumer protection statutes in the country.
The CFA regulates, among other consumer law areas, automobile repairs including work performed by body shops. The administrative rules of the New Jersey Division of Consumer Affairs specify practices that are unlawful or deceptive for automobile repairs. N.J.A.C. § 13:45A-26C.2, Deceptive Practices; Automobile Repairs. This is knowledge that you, the consumer, are entitled to know before repairs have been performed on your automobile.
Written and Oral Authorization for Work Performed
Subsection 2 of N.J.A.C. § 13:45A-26C.2 states that no repair work can begin 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 automotive repair dealer 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.
N.J.A.C. § 13:45A-26C.2(a)(2).
Commencing Work for Compensation
Subsection 3 of N.J.A.C. § 13:45A-26C.2 states that it is prohibited for automobile repair work to commence for compensation without one of the following:
- Providing the customer with a written estimated price to complete the repair, quoted in terms of a not-to-exceed figure; or
- Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labor necessary to complete the repair. If the dealer makes a diagnostic examination, the dealer 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 dealer make the repair; or
- Providing the customer with a written estimated price to complete a specific repair, for example, “valve job”; or
- 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 repairs; or
- 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 repairs, evidenced by a notation on the repair order or invoice of the estimated price of repairs, date, time, name of person approving such estimate, and the telephone number, if any, at which such person was contacted.
N.J.A.C. § 13:45A-26C.2(a)(3)(i).
If the customer’s automobile is presented to the repair shop after normal working hours or by someone other than the customer, the repair shop must obtain:
- 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 repairs; or
- Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice of the estimated price of repairs, date, time, name of person approving such estimate, and the telephone number, if any, at which such person was contacted.
N.J.A.C. § 13:45A-26C.2(a)(3)(ii).
The basic idea is that you, the consumer, have the right to present your vehicle to a professional for a specific repair, to have only that repair made and to pay only for that repair. Any other issues that may arise during this process are subject to the same clear-cut communication as the original problem. It is irrelevant what you know about automobile repairs.
If you can establish a CFA claim, the act provides for treble damages and attorney fees.
If you feel that you have been the recipient of deceptive automobile repair practices, contact the Law Office of H. Benjamin Sharlin LLC for an initial free consultation. The Law Office of H. Benjamin Sharlin LLC is owned and operated by H. Benjamin Sharlin and serves all of Mercer County, New Jersey and the surrounding areas. Mr. Sharlin is a bilingual Spanish-speaking attorney who vigorously represents the interests of all his clients.
Please be advised that this blog is for informational purposes only, is not legal advice and does not create an attorney-client relationship.
The Law Office of H. Benjamin Sharlin LLC
is owned and operated by H. Benjamin Sharlin and serves all of Mercer County, New Jersey and the surrounding areas. Mr. Sharlin is a bilingual Spanish-speaking attorney who vigorously represents the interests of all his clients.
Call (609) 585-0606 or click the button below to schedule an appointment