Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 444-H.F.No. 1940 
           An act relating to consumer protection; requiring 
          certain disclosures regarding storage fees imposed by 
          repair shops; amending Minnesota Statutes 1986, 
          sections 325F.58, subdivision 3; and 325F.62, 
          subdivision 3; Minnesota Statutes 1987 Supplement, 
          sections 325F.56, subdivision 8; and 325F.60, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
325F.56, subdivision 8, is amended to read:  
    Subd. 8.  "Written estimate" means a writing which includes:
    (a) The name and address of the shop; 
    (b) A description of the problem to be repaired as 
described by the customer and any specific repair requested by 
the customer;  
    (c) The charges for parts or materials listed with 
reasonable particularity and indicating whether the parts are 
new, used, rebuilt, reconditioned, or replated if this 
information is known by the shop.  If parts, other than window 
glass, used in the repair are new parts, the estimate must 
indicate whether or not those parts are original equipment parts;
    (d) A reasonable storage fee, if the shop imposes a fee for 
storage;  
    (e) Labor charges; 
    (e) (f) Tax; 
    (f) (g) Any delivery charge; 
    (g) (h) Any other charges; and 
    (h) (i) The total estimated price. 
    Sec. 2.  Minnesota Statutes 1986, section 325F.58, 
subdivision 3, is amended to read:  
    Subd. 3.  At the time a shop provides a customer with a 
written estimate, the shop shall inform the customer that any 
charge for storage or care, a service call or a charge for 
making an estimate shall be in addition to the estimated price 
for the repairs. 
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 
325F.60, subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITION; REQUIREMENTS.] Notwithstanding 
the provisions of section 325F.56, subdivision 2, for the 
purpose of this section "repair" means work of any value 
performed under a manufacturer's warranty, a service contract, 
or an insurance policy; or any repair work performed for a total 
value of more than $50, including the price of parts and 
materials, to restore a malfunctioning, defective, or worn motor 
vehicle, appliance, or dwelling place used primarily for 
personal, family, or household purposes and not primarily for 
business or agricultural purposes.  "Repairs" do not include 
service calls or estimates.  Upon completion of repairs, a shop 
shall provide the customer with a copy of a dated invoice for 
the repairs performed.  If the customer receives a repaired 
motor vehicle or appliance without face to face contact with the 
shop, the shop shall mail the invoice to the customer within two 
business days after the shop has knowledge of removal of the 
item.  The invoice shall contain the following information: 
    (a) The date of repair;  
    (b) The name and address of the shop; 
    (c) A description of all repairs performed; 
    (d) An itemization of the charges for parts, materials, 
labor, tax, delivery, storage or care, and any other charges 
assessed against the customer; 
    (e) A notation specifying which parts, if any, are new, 
used, rebuilt, reconditioned, or replated if that information is 
known by the shop.  If parts, other than window glass, used in 
the repair are new parts, the invoice must indicate whether or 
not those parts are original equipment parts; 
    (f) A statement of any charge for storage or care, a 
service call or for making an estimate;  
    (g) A statement of the odometer reading at the time a motor 
vehicle is presented for repairs; and 
    (h) A statement of the symptoms, as described by the 
customer, for which the repairs were sought. 
    Sec. 4.  Minnesota Statutes 1986, section 325F.62, 
subdivision 3, is amended to read:  
    Subd. 3.  Each shop shall conspicuously display a sign that 
states the following:  "Upon a customer's request, this shop is 
required to provide a written estimate for repairs costing $100 
to $2,000 if the shop agrees to perform the repairs.  The shop's 
final price cannot exceed its written estimate by more than ten 
percent without the prior authorization of the customer.  You 
must request that the estimate be in writing.  An oral estimate 
is not subject to the above repair cost limitations.  If the 
shop charges a fee for the storage or care of repaired motor 
vehicles or appliances, the shop shall conspicuously display a 
sign that states the amount assessed for storage or care, when 
the charge begins to accrue, and the interval of time between 
assessments". 
    Approved April 4, 1988