22.1709 Prohibited acts.

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(a) In addition to acts prohibited above, no shop implication may misrepresent directly or by implication:

(1) the cost of repairs authorized by the customer;

(2) the terms or conditions of a warranty or service agreement;

(3) that repairs are necessary;

(4) that repairs have been made; or

(5) that the motor vehicle is in a dangerous condition, or that the use of the motor vehicle by the customer will be hazardous to persons or harmful to the motor vehicle.

(b) No shop may collect or attempt to collect for:

(1) repairs not authorized either orally or in writing by the customer;

(2) repairs which the shop knew or ought to have known to be unnecessary; or

(3) repairs which have not been made.

(c) No shop which is a warrantor, a party to a service agreement or required by law to repair the vehicle may refuse to repair a motor vehicle in accordance with the terms and conditions of the warranty, service agreement or law.

(d) No shop shall exceed the good faith completion date by more than 3 working days. Failure to complete the work within that time or as provided in 22.1706 above shall result in a refund by the shop to the customer of $25.00 per day upon payment of the bill.

(e) No shop may fail to return a customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay above, or by repair charges in excess of the price authorized under 22.1702 and 22.1703 of this chapter, if the customer pays the authorized price for the authorized repairs.

(f) No shop may alter a customer’s motor vehicle with intent to create a condition requiring repairs.

(g) The commission of prohibited practices or a violation of a section of this chapter by a shop shall be an unfair or deceptive act or practice in the conduct of a trade or commerce pursuant to 27.0801 et seq. A.S.C.A. The Director is empowered to represent a customer protected by this chapter and may seek injunctive relief and penalties under 27.0801 et seq. A.S.C.A in addition to other remedies in this chapter and any other law.

History: 1986, PL 19-54 § 1.