Many complaints that consumers make to the New Jersey Division of Consumer Affairs are car-related. About half of those complaints deal with automotive repairs.
To protect its consumers, New Jersey enacted automotive repair regulations. The New Jersey auto repairs "deceptive practices" regulations set forth an extensive list of auto repair shop practices that are deemed deceptive.
If a car repair shop engages in one of these practices, it violates both the regulations and the New Jersey Consumer Fraud Act.
Under the law, an "automotive repair dealer" is any person or business who, for compensation, performs maintenance, diagnosis, or repair services on a motor vehicle or replaces auto parts. (N.J. Admin. Code § 13:45A–26C.1).
Automotive repair dealers are required to be licensed with the state. (N.J. Admin. Code § 39:13-2).
The New Jersey Motor Vehicle Commission (MVC) issues different auto body repair licenses based on the types of repairs the facility will perform. The different types of licenses include:
If an automotive repair dealer doesn't have or hasn't renewed its license, it isn't allowed to conduct automobile repairs.
To get an auto body repair license, go to the MVC website and download the Auto Body Repair Application. Then, mail the completed form to the New Jersey Motor Vehicle Commission Business Licensing Services Bureau.
Under New Jersey law, no person may engage in the business of an auto body repair facility unless it gets a license from the Commission. (N.J. Admin. Code § 39:13-2).
The law applies to all maintenance and repairs that an automotive repair dealer performs. But it excludes tire changes, lubricating vehicles, oil changing, and installing light bulbs, batteries, windshield wiper blades, and other minor accessories and services. (N.J. Admin. Code § 13:45A–26C.1).
It is unlawful under the auto repairs deceptive practices regulations and the New Jersey Consumer Fraud Act for an automotive repair dealer to do any of the following:
If an automotive repair dealer violates any of the provisions of the Auto Repairs Deceptive Practice Regulations (thereby also violating the New Jersey Consumer Fraud Act), you might be able to cancel the repair contract and receive triple damages, attorneys' fees, and the costs of the suit. Talk to a lawyer for more information.
If you have a problem with repair work done on your vehicle, you should immediately speak to the repair shop's owner and explain the nature of your complaint.
If you can't resolve the problem with the repair shop, you can file a complaint with the New Jersey Division of Consumer Affairs.
To start the complaint process, go to the New Jersey Division of Consumer Affairs website. Select the type of complaint you want to file, such as against a business or to report unlicensed activity.
Then, fill in the information about your complaint. You can also file a complaint via email. Check the New Jersey Division of Consumer Affairs website for the email address to use.
In your complaint, you should:
Any information you provide could be publicly disclosed under New Jersey's Open Public Records Act. So, don't include any sensitive personal information when filing your complaint.
The Division of Consumer Affairs will attempt to mediate the dispute.
Below are some tips for avoiding problems when using an auto repair shop.
Learn about New Jersey's lemon law for used cars.
New Jersey's do not call law protects consumers from telemarketing calls.
Find out how the New Jersey Home Improvement Practices Act protects homeowners when using contractors in their homes.
You might also consider filing a complaint with the Better Business Bureau or suing the auto repair shop in small claims court.
Or you can consult with a consumer law attorney to discuss the options that might be available.
Need a lawyer? Start here.