Chapter Trans 143

Trans 143.03 Trans 143.03 Duties of the manufacturer.

Trans 143.03(1) (1) Manufacturers subscribing to a certified mechanism for resolving consumer allegations of nonconformities in motor vehicles covered under the provisions of s. 218.0171 (2) (b), Stats., shall not incorporate into a written warranty terms which fail to comply with the requirements of this chapter. This paragraph does not prohibit a manufacturer from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should take in order to obtain performance of any obligation under other warranty claims.

Trans 143.03(2) (2) The manufacturer shall disclose clearly and conspicuously at least the following information on the face of the written warranty:

Trans 143.03(2)(a) (a) A statement of the availability of a certified mechanism;

Trans 143.03(2)(b) (b) The name and address of the certified mechanism, or the name and telephone number of the certified mechanism which consumers may use without charge;

Trans 143.03(2)(c) (c) A statement of the requirement that the consumer resort to a certified mechanism before initiating a legal action under s. 218.0171 (7), Stats.; and,

Trans 143.03(2)(d) (d) A statement indicating where further information on the certified mechanism can be found in materials accompanying the motor vehicle, as provided in sub. (3).

Trans 143.03(3) (3) The manufacturer shall include in the written warranty or in a separate section of materials accompanying the motor vehicle, the following information:

Trans 143.03(3)(a) (a) Either:

Trans 143.03(3)(a)1. 1. A form addressed to the certified mechanism containing spaces requesting the information which the certified mechanism may require for prompt resolution of disputes; or

Trans 143.03(3)(a)2. 2. A telephone number of the certified mechanism which consumers may use without charge;

Trans 143.03(3)(b) (b) The name and address of the certified mechanism;

Trans 143.03(3)(c) (c) A brief description of the certified mechanism’s procedures;

Trans 143.03(3)(d) (d) The time limits adhered to by the certified mechanism; and

Trans 143.03(3)(e) (e) The types of information which the certified mechanism may require for prompt resolution of disputes.

Trans 143.03(4) (4) The manufacturer shall take steps reasonably calculated to make consumers aware of the certified mechanism’s existence at the time consumers experience warranty complaints. Nothing contained in sub. (2), (3), or (4) shall limit the manufacturer’s option to encourage consumers to seek redress directly from the manufacturer as long as the manufacturer does not expressly require consumers to seek redress directly from the manufacturer. The manufacturer shall proceed fairly and expeditiously to attempt to resolve all warranty complaints submitted directly to the manufacturer.

Trans 143.03(5) (5) Whenever a consumer submits a warranty complaint directly to a manufacturer, the manufacturer shall decide whether, and to what extent, it will satisfy the consumer.

Trans 143.03(5)(a) (a) If the consumer’s warranty complaint is submitted to the manufacturer orally, the manufacturer may respond orally, unless the consumer requests a written response; or,

Trans 143.03(5)(b) (b) If the consumer’s warranty complaint is submitted to the manufacturer in writing, the manufacturer shall respond in writing. In its written response to the consumer of its decision, the manufacturer shall include the information required in subs. (2) and (3).

Trans 143.03(6) (6) The manufacturer shall:

Trans 143.03(6)(a) (a) Respond fully and promptly to reasonable requests by the certified mechanism for information;

Trans 143.03(6)(b) (b) Abide by and perform any obligations ordered in decisions of the certified mechanism; and,

Trans 143.03(6)(c) (c) Comply with requirements imposed by the certified mechanism.

Trans 143.03 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.04 Trans 143.04 Certified mechanism organization.

Trans 143.04(1) (1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the certified mechanism.

Trans 143.04(2) (2) The manufacturer and the certified mechanism shall assure that decision makers are sufficiently insulated so that their decisions are independent of the manufacturer.

Trans 143.04 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Trans 143.05 Trans 143.05 Qualifications of decision makers.

Trans 143.05(1) (1) No decision maker deciding a dispute shall be:

Trans 143.05(1)(a) (a) A party to the dispute;

Trans 143.05(1)(b) (b) An employee or agent of a party, except if employed or retained for the sole purpose of deciding disputes;

Trans 143.05(1)(c) (c) A person who is a party in any legal action relating to the motor vehicle in dispute.

Trans 143.05(2) (2) The composition of the decision maker panel shall be as follows:

Trans 143.05(2)(a) (a) When one of 2 decision makers are deciding a dispute, all shall be persons having no direct involvement in the manufacture, distribution, or retail sale of any motor vehicle.

Trans 143.05(2)(b) (b) When 3 or more decision makers are deciding a dispute, at least two thirds of the decision makers shall be persons having no direct involvement in the manufacture, distribution, or retail sale of motor vehicles.

Trans 143.05(3) (3) Decision makers deciding disputes under the guidelines of a certified mechanism shall be trained by the manufacturer or the certified mechanism in the application of s. 218.0171, Stats., prior to hearing any dispute.

Trans 143.05(4) (4) Certified mechanisms shall make available to any person upon demand, at reasonable cost, information relating to the general qualifications of decision makers.

Trans 143.05 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.06 Trans 143.06 Operation of the certified mechanism.

Trans 143.06(1) (1) The certified mechanism shall establish written operating procedures which shall include at least those items specified in subs. (2) through (11). Copies of the written procedures shall be made available to any person upon request, at reasonable cost.

Trans 143.06(2) (2) Upon notification of a dispute, the certified mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

Trans 143.06(3) (3) The certified mechanism or decision maker shall investigate, gather and organize all information necessary for a fair and expeditious decision. When information which will or may be used in the decision, submitted by one party, or a representative of one of the parties, or any other source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The certified mechanism shall not require any information not reasonably necessary to decide the dispute.

Trans 143.06(4) (4) Except as provided in sub. (7), if the dispute has not been settled, the certified mechanism shall, as expeditiously as possible but at least within 40 calendar days of notification of the dispute:

Trans 143.06(4)(a) (a) If no oral presentation is scheduled for the day of the hearing, make available to the decision maker(s), copies of information submitted by both parties and information gathered under sub. (3), at least 5 calendar days prior to the hearing date.

Trans 143.06(4)(b) (b) Based upon the information gathered, render the following decisions:

Trans 143.06(4)(b)1. 1. Determine if the motor vehicle has a nonconformity, and

Trans 143.06(4)(b)2. 2. Determine if the manufacturer has made a reasonable attempt to repair the motor vehicle.

Trans 143.06(4)(c) (c) Based upon the determinations made in par. (b) 1. and 2., the certified mechanism shall award relief to the consumer consistent with s. 218.0171 (2) (b), Stats.

Trans 143.06(4)(d) (d) Render a written decision to both parties and the department including the following:

Trans 143.06(4)(d)1. 1. Basis for the decision which shall include a summary of any relevant and material information presented by either party.

Trans 143.06(4)(d)2. 2. Specific financial or other compensation awarded to either party.

Trans 143.06(4)(d)3. 3. A specific date for completion of the transactions necessary to carry out the decision of the certified mechanism.

Trans 143.06(4)(d)4. 4. A statement that the decision is binding upon the warrantor and not the consumer.

Trans 143.06(4)(d)5. 5. A statement that the consumer has the option of rejecting the decision of the certified mechanism and may seek redress by other rights and remedies, including those provided by s. 218.0171 (7), Stats.

Trans 143.06(4)(d)6. 6. A statement that the consumer has 45 calendar days from receipt of the decision to inform the certified mechanism in writing of the consumer’s intent to accept or reject the decision of the certified mechanism.

Trans 143.06(4)(d)7. 7. A statement that the decision of the certified mechanism may be introduced in evidence in court.

Trans 143.06(4)(d)8. 8. A statement that both parties may obtain, at reasonable cost, copies of all documents held by the certified mechanism relating to the dispute.

Trans 143.06(5) (5) If the consumer fails to respond within 45 calendar days, it will be assumed that the consumer has rejected the decision of the certified mechanism.

Trans 143.06(6) (6) The dispute shall be considered closed when:

Trans 143.06(6)(a) (a) The consumer or consumer’s representative accepts or rejects the decision of the certified mechanism; or

Trans 143.06(6)(b) (b) The decision of the certified mechanism is rejected under the provisions of sub. (4) (d) 6. or (5).

Trans 143.06(7) (7) The certified mechanism may delay the performance of its duties under sub. (4) beyond the 40 day limit:

Trans 143.06(7)(a) (a) Where the period of delay is due solely to failure of a consumer to provide his or her name and address, manufacturer make, model and vehicle identification number of the motor vehicle involved, and a statement as to the nature of the defect or other problem;

Trans 143.06(7)(b) (b) For a 7 calendar day period in those cases where the consumer has made no attempt to seek redress directly from the manufacturer; or,

Trans 143.06(7)(c) (c) If the certified mechanism attempts to mediate the dispute, but only if the certified mechanism clearly and conspicuously discloses to the consumer the following information:

Trans 143.06(7)(c)1. 1. That mediation is voluntary on the part of the consumer and may be terminated by the consumer at any time, and

Trans 143.06(7)(c)2. 2. That a conclusive decision shall be rendered within 60 calendar days from the date of original receipt of the dispute by the certified mechanism, in the event that mediation fails to settle the dispute.

Trans 143.06(8) (8) The certified mechanism may allow an oral presentation by a consumer or a consumer’s representative only if:

Trans 143.06(8)(a) (a) Both manufacturer and consumer expressly agree to the presentation;

Trans 143.06(8)(b) (b) A date, time, means and location convenient to both parties can be arranged; and,

Trans 143.06(8)(c) (c) Prior to agreement the certified mechanism fully discloses to both parties the following information:

Trans 143.06(8)(c)1. 1. That the presentation by either party will take place only if both parties so agree, but if they agree, and one party fails to be available at the agreed upon time and place, the presentation by the other party may still be allowed;

Trans 143.06(8)(c)2. 2. That the decision makers will decide the dispute whether or not an oral presentation is made;

Trans 143.06(8)(c)3. 3. The proposed date, time, means and place for the presentation; and

Trans 143.06(8)(c)4. 4. A brief description of what will occur at the presentation including both parties’ rights to bring witnesses and/or counsel.

Trans 143.06(8)(d) (d) Each party has the right to be present during the other party’s oral presentation.

Trans 143.06(9) (9) If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to after notification to the certified mechanism of the dispute or as a result of a decision under sub. (4), the certified mechanism shall ascertain from the consumer within 10 working days of the date for performance whether performance has occurred.

Trans 143.06(10) (10) A requirement that a consumer resort to a certified mechanism prior to commencement of an action under s. 218.0171 (7), Stats., shall be satisfied 40 calendar days after notification to the certified mechanism of the dispute or when the certified mechanism completes its duties under sub. (4), whichever occurs sooner. Except that, if the certified mechanism delays performance of its duties under sub. (4), as allowed by sub. (7), the requirement that the consumer initially resort to the certified mechanism shall not be satisfied until the period of delay allowed by sub. (7) has ended.

Trans 143.06(11) (11) Decisions of the certified mechanism shall be legally binding on the manufacturer.

Trans 143.06 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (4) (c), (d) 5., (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.07 Trans 143.07 Recordkeeping.

Trans 143.07(1) (1) The certified mechanism shall maintain records on each dispute referred to it. The records shall include:

Trans 143.07(1)(a) (a) Name, address and telephone number of the consumer; if available,

Trans 143.07(1)(b) (b) Name, address, telephone number and contact person of the manufacturer;

Trans 143.07(1)(c) (c) Make and vehicle identification number of the motor vehicle involved;

Trans 143.07(1)(d) (d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;

Trans 143.07(1)(e) (e) All letters or other written documents submitted by either party;

Trans 143.07(1)(f) (f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;