Wisconsin Legislature: ATCP 132.06(4)(b)

3. I do not want an estimate.
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(b) If the statement of estimate alternatives under par. (a) is printed on a separate document, rather than on the repair order, the separate document shall include the repair order number or other information which uniquely identifies the authorization with the repair order. The shop shall keep a copy of the signed authorization with its records.

(3) Firm price quotation.

(a) A firm price quotation, if provided, shall be written on the repair order and shall be accompanied by the following conspicuous statement on the repair order:

“THIS PRICE FOR THE AUTHORIZED REPAIRS WILL NOT BE EXCEEDED IF THE MOTOR VEHICLE IS DELIVERED TO THE SHOP WITHIN 5 DAYS.”

(b) A shop may not exceed the firm price quoted under par. (a) for the specified repairs to the vehicle, component, part or accessory, if the customer delivers that motor vehicle, component, part or accessory to the shop within 5 days after the date on which the firm price is quoted.

(c) Notwithstanding sub. (4), a shop is not required to give a customer an estimate for repairs if the shop gives the customer a firm price quotation under par. (a) for those repairs.

(4) Estimate required. If any of the following has occurred, a shop representative shall give the customer an oral or written estimate, and shall write that estimate on the repair order before the shop starts any repairs whose total price may exceed $50:

(a) The customer has signed estimate alternative 1 under sub. (2).

(b) There has been face-to-face contact between the customer and a shop representative, but the customer has not signed any of the estimate alternatives under sub. (2).

(d) The customer has requested an estimate before authorizing a repair under s. ATCP 132.02.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.05 Estimated completion date.

(1) Before a shop starts any repairs for which the shop has accepted a prepayment of $250 or more, a shop representative shall give the customer an oral or written estimate of the repair completion date and shall record that estimated completion date on the repair order.

(2) If a shop is required to give an estimated completion date under sub. (1) but fails to do so, the estimated completion date is the same date that the motor vehicle, component, part or accessory is delivered to the shop for repair.

Note: If a shop is required to provide an estimated completion date, the shop must record the estimated completion date either on the repair order or on a separate document attached to the repair order. If the estimated completion date is recorded on a separate document, the separate document shall include the repair order number or other information which uniquely identifies the document with the repair order.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95; correction made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, March, 1999, No. 519.

ATCP 132.06 Additional authorization.

(1) Additional repairs; authorization required.

(a) Before a shop starts any additional repairs, beyond those previously authorized by the customer, a shop representative shall contact the customer by telephone or other means, and shall provide the customer with all of the following:

1. A description of the proposed additional repairs.

2. A good faith estimate of the price for the proposed additional repairs.

3. A good faith estimate of the total repair price, including the previously authorized repairs and the additional repairs.

(b) No shop may perform any additional repairs, beyond those previously authorized by the customer, unless the customer authorizes those additional repairs after receiving the information required under par. (a). Authorization may be given by telephone or other means.

(2) Price will exceed estimate; additional authorization. If a shop has reason to believe that the price for any repairs will exceed the estimate for those repairs, the shop may not proceed with the repairs until a shop representative contacts the customer by telephone or other means, provides the customer with a new good faith estimate of the repair price, and obtains the customer’s authorization to proceed.

(3) Repairs will not be completed by estimated date; additional authorization. If a shop has reason to believe that repairs will not be completed by the estimated completion date under s. ATCP 132.05, the shop may not proceed with repairs until a shop representative contacts the customer by telephone or other means, provides the customer with the shop’s new estimated completion date, and obtains the customer’s authorization to proceed.

(4) Recording additional authorization.

(a) If a customer gives additional authorization under subs. (1) to (3), the shop representative shall record the additional authorization on the repair order or repair invoice.

(b) The record under par. (a) shall include all of the following:

1. The date and time of authorization.

2. The name of the person who gave the additional authorization.

3. A description of the additional repairs authorized under sub. (1), if any.

4. The new total price estimate provided under sub. (1) (a) 3. or (2), if any.

5. The new estimated completion date under sub. (3), if any.

Note: Additional authorization may be recorded on a separate document and attached to the repair order or invoice provided the separate document includes the repair order number or other information which uniquely identifies the document with the repair order or invoice.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.07 Replaced parts; return or inspection.

(1) General requirement. If a shop replaces or permanently removes any components, parts or accessories from a customer’s motor vehicle as part of a repair, the shop shall return those components, parts or accessories to the customer if, before the shop starts the repair, the customer requests the return of those components, parts or accessories.

(2) Exemption. If a shop is required to return a replaced component, part or accessory under a warranty or exchange agreement, the shop need not return that component, part or accessory to a requesting customer under sub. (1), provided the shop makes the requested component, part or accessory available for the customer’s inspection before the shop returns the motor vehicle to the customer.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.08 Repair invoice. A shop shall prepare an invoice covering every repair made by the shop. The shop shall provide the customer with a complete and accurate copy of the repair invoice before the shop returns the customer’s motor vehicle to the customer. The repair invoice shall clearly and conspicuously disclose all of the following:

(1) The name and address of the shop.

(2) The name and address of the customer.

(3) The date on which the repaired motor vehicle, component, part or accessory is tendered back to the customer.

(4) The model, make and license number of the motor vehicle, if the motor vehicle has been in the shop’s possession.

(5) The odometer reading when the motor vehicle was received by the shop, if the motor vehicle has been in the shop’s possession.

(6) The price for the repairs, stated as the total price or as separate total prices for parts and labor.

(7) An itemized description of the labor, parts, components and accessories supplied in connection with the repairs, including items supplied without cost or at reduced cost because of a shop or manufacturer’s warranty. If units of labor time based on flat rate average time are stated on the invoice, the actual labor time shall also be stated.

(8) If any item under sub. (7) carries a warranty from the shop or manufacturer, a statement or notation indicating that fact.

(9) If any item under sub. (7) is used, rebuilt, recycled or reconditioned, a statement or notation indicating that fact.

(10) The identity of each person performing the repairs, including the name of any shop that performed all or part of the repairs as a subcontractor. If a shop employs more than 10 repair personnel who work in teams, the repair invoice may specify the name of the team leader whose team performed the repairs, instead of the individuals who performed the repairs, provided the shop keeps records indicating which team members worked on each repair.

(11) The following statement, printed verbatim:
“Motor vehicle repair practices are regulated by chapter ATCP 132, Wis. Adm. Code, administered by the Bureau of Consumer Protection, Wisconsin Dept. of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, Wisconsin 53708-8911.”

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.09 Prohibited practices.

(1) No shop may knowingly underestimate either of the following:

(a) The price of repairs.

(b) The time required to complete the repairs.

(2) No shop may misrepresent any of the following:

(a) That repairs are necessary for the safety or effective operation of a motor vehicle.

(b) That a motor vehicle is in a dangerous condition.

(d) That a repair has been made.

(e) The terms of any warranty or service agreement.

(3) No shop may fail or refuse to return a customer’s motor vehicle to the customer because a customer declines to do either of the following:

(a) Pay for unauthorized repairs, provided the customer tenders payment, subject to par. (b), for the repairs that were authorized and performed.

(b) Pay any repair charge that exceeds the shop’s estimate or firm price quotation for that repair, provided the customer tenders payment of the charge estimated or quoted to the customer when the customer authorized that repair.

(4) No shop may:

(a) Alter any person’s motor vehicle with intent to create a condition requiring repairs.

(b) Make any motor vehicle repair or warranty advertisement which is untrue, deceptive or misleading.

(d) Make the performance of repairs contingent upon the customer’s waiver of any right under this chapter.

(e) Demand or receive payment for unauthorized repairs, or for repairs that have not been performed.

(f) Falsify or destroy any document or record required to be produced or kept under this chapter.

(g) Charge or threaten to charge for preparing a repair estimate or firm price quotation unless both of the following apply:

1. The charge constitutes reasonable compensation for preliminary diagnostic work that is reasonably required for the shop to give the repair estimate or firm price quotation.

2. A shop representative discloses the charge, or the rate at which the charge will be computed, before the shop starts any diagnostic work for which a charge will be assessed.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.10 Repair records.

(1) A shop shall keep all of the following repair records:

(a) The repair order and repair invoice for each repair, including any additional authorization documents.

(b) Records identifying the individual repair personnel who worked on each repair.

(2) Records under sub. (1) shall be retained for at least 2 years, and shall be made available for inspection and copying by the department upon request.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.11 Waivers.

(1) A customer who owns or leases a fleet of at least 4 motor vehicles may sign a written blanket waiver which waives that customer’s rights under ss. ATCP 132.04 to 132.06 in repair transactions involving those vehicles. A waiver under this subsection may be revoked at any time, at the discretion of the customer.

(2) Neither a fleet waiver under sub. (1) nor a customer’s choice of estimate alternative 3 under s. ATCP 132.04 (2) is effective unless the customer signs the waiver or estimate alternative voluntarily and with knowledge of its meaning.

History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.