2010 Tennessee Code
Title 66 - Property
Chapter 19 - Liens on Vehicles and Conveyances
Part 1 - Miscellaneous Provisions
66-19-104 - Duty to inform consumer of rights.

66-19-104. Duty to inform consumer of rights.

(a)  Before beginning any repair work on a motor vehicle, an automotive repair facility shall inform the consumer for whom the repairs are to be done of the following rights:

     (1)  That a consumer:

          (A)  May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and

          (B)  May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and

     (2)  That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer.

(b)  The consumer's rights provided in subsection (a) shall be:

     (1)  Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type;

     (2)  Physically separated from the other terms of the form used for authorization of repairs; and

     (3)  Listed under the printed heading “Consumer's Rights.”

(c)  If any automotive repair facility informs a consumer orally of the consumer's rights, the facility shall record in writing:

     (1)  The name of the persons who were notified or whom the facility attempted to notify;

     (2)  The date and time of the notification or attempt; and

     (3)  The signature of the person who made the notification or attempted notification.

(d)  Failure to comply with this section shall abrogate the repair facility's rights under § 66-19-103.

(e)  Nothing in this section shall apply to any person or entity licensed under title 55, chapter 17.

[Acts 2001, ch. 194, § 1–3.]