Taking a vehicle in for repairs can be stressful. Surprise problems and rising costs often add to the frustration. Utah law gives consumers important protections. Rules under the Utah Consumer Sales Practices Act (UCSPA) set standards for repair shops. They cover estimates, authorizations, invoices, and replaced parts.
What Is the Utah Consumer Sales Practices Act?
The UCSPA is found in Utah Code Title 13, Chapter 11. It bans deceptive and unconscionable acts in consumer transactions. The Utah Division of Consumer Protection has adopted detailed rules in Utah Administrative Code R152-11. Those rules list specific practices that count as deceptive.
The Rules on Estimates, Authorization, and Replaced Parts
Utah Administrative Code R152-11-5 governs repairs, inspections, and similar services. It applies to auto repair shops and other service providers. Under this rule, certain shop practices are deceptive. One example is charging for work you did not authorize. Claiming a repair is needed, or was made, when it was not also violates the rule.
Estimates and Authorization
A mechanic cannot simply perform work and hand you a bill. The shop must get your express authorization first. Before you give it, the shop must explain the anticipated repairs and estimated charges. It must also give you a reasonably expected completion date. The estimate must include any charge to reassemble parts taken apart to prepare it.
For work over $50, the shop must give you a copy of your authorization. You must receive it no later than your first bill or invoice.
The 10% Overrun Limit
Mechanics sometimes find new problems during a repair. They cannot decide on their own to fix them. Extra work may cost 10% or more of the original estimate, not counting tax. If so, the shop must get your express authorization before doing it. It must also give you a copy of that authorization by the time you are billed.
Invoices and Replaced Parts
When the job is done, you have the right to check the work.
- Itemized List: The invoice must itemize each repair and explain why it was needed. It must list each part, its cost, and whether it is new, used, rebuilt, or aftermarket. It must show labor hours for each repair and identify the mechanic. A shop may show a flat-rate price instead of labor hours. This is allowed only for work customarily billed at a flat rate and disclosed to you in writing in advance.
- Right to Inspect: Before starting work, the shop must give reasonable written notice that you may inspect replaced parts. It must let you inspect those parts when you ask. Limited exceptions apply. Parts may be going back to the manufacturer under a written warranty. Parts may be too large or heavy to return. The shop may plan to rebuild or sell the parts and say so in writing on the estimate. You may also waive this right in writing after the work is done and you see the total cost.
Examples of Deceptive Auto Repair Practices
Violations of these rules can take several forms:
- The Surprise Invoice: A shop estimates a brake pad replacement at $150. Without asking you, it also replaces the rotors and bills $450. Charging for this unauthorized work violates the rule.
- The Phantom Parts: A shop charges $300 for a new alternator. It never gave you written notice that you could inspect the old part. When you ask to see it, the shop refuses. Unless an exception applies, this violates the rule.
- The Vague Bill: An invoice simply reads “Engine Repair: $1,200.” It lists no parts, part costs, or labor hours. This fails the rule’s itemization requirement.
Enforcement and Consequences
Consumers can take action against violations. Under Utah Code §§ 13-11-17 and 13-11-19, consequences include:
- Consumer Lawsuits: Consumers who suffer a loss can sue to recover actual damages plus court costs. In some cases, courts may also award reasonable attorney fees.
- Injunctions: Courts can order a business to stop deceptive practices.
Need Legal Help in Utah?
If you have questions about Utah consumer protection laws, Head Law can help. Head Law is based in Murray, Utah. The firm handles consumer protection and civil litigation matters. Its team can review your situation and explain your options. Contact Head Law at (801) 691-7511.
This article provides general information, not legal advice. Reading it does not create an attorney-client relationship.