§ 8A-161.9. Unfair and deceptive practices.

(1)

It shall be a violation of this article and an unfair and deceptive practice to:

(a)

Make, either written or orally, an untrue or misleading statement of a material fact with respect to any activities regulated by this article;

(b)

Fail to reveal a material fact, the omission of which tends to mislead or deceive the customer and which fact could not reasonably be known by the customer;

(c)

Fail, upon return to the customer of a motor vehicle upon which repair work has been performed, to provide a written statement which describes the repair work performed by the motor vehicle repair shop to the customer which discloses:

(i)

The name or other identification established by the motor vehicle repair shop of the motor vehicle mechanic, master mechanic, specialty mechanic, or paint/body technician who performed or supervised the diagnosis and the repair work for the customer.

(d)

Make or charge for repairs which have not been expressly or impliedly authorized by the customer;

(e)

Misrepresent that repairs have been made to a motor vehicle;

(f)

Misrepresent that certain parts and repairs are necessary to repair a vehicle;

(g)

Misrepresent that the vehicle being inspected or diagnosed is in a dangerous condition or that the customer's continued use of the vehicle may be harmful or cause great damage to the vehicle;

(h)

Fraudulently alter any customer contract, estimate, invoice, or other document;

(i)

Fraudulently misuse any customer's credit card;

(j)

Make false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle;

(k)

Substitute used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to his insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle repair shop;

(l)

Cause or allow a customer to sign any work order that does not state the repairs requested by the customer or the automobile's odometer reading at the time of repair;

(m)

Fail or refuse to give to a customer a copy of any document requiring the customer's signature upon completion or cancellation of the repair work;

(n)

Depart from or disregard, in any material respect, accepted motor vehicle repair industry standards. Compliance with published vehicle manufacturer, parts manufacturer, or equipment manufacturer or recognized after market repair manual specifications shall create a presumption that the motor vehicle body repair and/or paint technician has followed accepted motor vehicle body repair and/or paint industry standards;

(o)

Have repair work subcontracted without complying with Sections 8A-161.34 and 8A-161.31.1;

(p)

Conduct the business of motor vehicle repair in a location other than that stated on the registration certificate;

(q)

Rebuild or restore a rebuilt vehicle without the knowledge of the owner in such a manner that it does not conform to the original vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year;

(r)

Accept a customer's motor vehicle for repair and not honor his agreement with a customer to repair the customer's motor vehicle as represented in the written estimate;

(s)

Refuse to make, with due diligence, a bona fide attempt to perform any necessary corrections or additional repairs without extra charge to conform the repair work to any guarantee or warranty or other agreement as stated on the written repair estimate and invoice;

(t)

Loan a motor vehicle to another without the express written authority of the vehicle's owner or lessee;

(u)

Perform any other act that is a violation of this article or any act that constitutes fraud or misrepresentation.

(2)

Advertisements and representations. It shall be a violation of this article and an unfair and deceptive practice to advertise or make representations of, either directly or indirectly:

(a)

Motor vehicle products or repair work when there is a material contingency, condition, or limitation on the offer, unless the contingency, condition, or limitation is stated contemporaneously with the offer in a manner clearly and easily understood by the customer.

(b)

That motor vehicle mechanics or technicians employed by a motor vehicle repair shop are "certified," "licensed," or otherwise qualified when that representation gives the impression that all motor vehicle mechanics or technicians employed by the motor vehicle repair shop are certified or licensed if in fact they are not.

(c)

The words "certification," "permit," "licensing," "registration," or words of similar import, of a motor vehicle repair shop, motor vehicle mechanic, master mechanic, specialty mechanic, paint/body technician, or mechanic or paint/body apprentice, by an organization, association, governmental entity, or other program or authority other than the Director, without clearly and conspicuously disclosing the source of the "certification," "permit," "licensing," or "registration," and adding the disclaimer "not the Miami-Dade County Consumer Protection Division."

(Ord. No. 92-38, § 2, 5-19-92; Ord. No. 97-70, § 1, 6-3-97; Ord. No. 06-17, § 1, 2-7-06)