Bill Text: IA SF2048 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act requiring motor vehicle repair suppliers to obtain written authorization prior to imposing charges related to estimate costs, and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-18 - Subcommittee: Zaun, Allen, and C. Johnson. S.J. 128. [SF2048 Detail]

Download: Iowa-2017-SF2048-Introduced.html

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Senate File 2048 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act requiring motor vehicle repair suppliers to obtain
  2    written authorization prior to imposing charges related to
  3    estimate costs, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5101XS (1) 87
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PAG LIN



  1  1    Section 1.  Section 537B.3, Code 2018, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  If a consumer requests a written or
  1  4 oral estimate of repairs or service, the supplier shall obtain
  1  5 written authorization from the consumer for the imposition of
  1  6 any charge related to the cost of conducting the estimate.
  1  7 Such written authorization shall be obtained prior to the
  1  8 commencement of the estimate and the imposition of any
  1  9 such charge and shall be retained by the supplier until the
  1 10 completion and final billing for any repairs or service.
  1 11                           EXPLANATION
  1 12 The inclusion of this explanation does not constitute agreement with
  1 13 the explanation's substance by the members of the general assembly.
  1 14    Current law allows a consumer contracting for motor
  1 15 vehicle repairs to request a written or oral estimate of the
  1 16 anticipated cost of repairs or service from a supplier of motor
  1 17 vehicle repairs or service. This bill requires a supplier
  1 18 to obtain written authorization from a consumer requesting
  1 19 an estimate to impose any charge related to the cost of
  1 20 conducting the estimate. The supplier shall obtain the written
  1 21 authorization prior to the commencement of the estimate and
  1 22 the imposition of the charge and shall be retained by the
  1 23 supplier until the completion and final billing of any repairs
  1 24 or service.
  1 25    A supplier who violates the bill commits a deceptive act
  1 26 or practice pursuant to Code section 537B.6(1). A deceptive
  1 27 act or practice constitutes an unlawful practice under Code
  1 28 section 714.16, which relates to consumer frauds. Pursuant
  1 29 to Code section 714.16, the attorney general may investigate,
  1 30 issue subpoenas, and commence civil proceedings seeking
  1 31 restraining orders or injunctions prohibiting persons from
  1 32 engaging in unlawful practices or seeking termination of the
  1 33 business affairs of a person engaging in unlawful practices.
  1 34 In addition, a civil penalty of up to $40,000 per violation may
  1 35 be imposed by a court against a person found to have committed
  2  1 an unlawful practice.
       LSB 5101XS (1) 87
       gh/rn