Section 257.132. Repair and parts replacement; performance, disclosure, and representation.

Rule 32. It is an unfair and deceptive practice to:

(a)  ) Charge for repairs that are in fact not performed.

(b)   Perform repairs which are in fact not necessary, except when a customer insists that a repair be performed in disregard to the facility's advice that it  is unnecessary.

(c)   Represent, directly or indirectly, that repairs are  necessary  when in fact they are

not.

(d)  Perform repairs not specifically authorized.

(e)   Fail to perform promised repairs within the period of  time  agreed, or within a

reasonable time, unless circumstances beyond the control of  the repair facility, of which the repair facility did not have reason to know at the time of consignment, prevent the timely performance of  the repairs.

(f)   Represent, either directly or indirectly, that a replacement  part used in the repair of a vehicle is new or of a particular manufacture when in fact it is used, rebuilt, reconditioned,  deteriorated,  or   of   a different manufacture, or otherwise fail to disclose in writing, prior to the commencement of repairs, the use of used, rebuilt, or reconditioned parts.

(g)  Replace a part with one that lacks merchantability or fitness, or represent that parts or components provided or repairs performed are of a particular standard or grade when in fact they are not.

(h)   Fail, subsequent to a diagnosis for which  a  charge  is  made,  to disclose, at the customer's request, a diagnosed or suspected malfunction together with the recommended remedy and any test, analysis, or other procedure employed to determine the malfunction.

History: 1979 AC.