I<3subie

iTrader: (13)

This thread is for getting info out to i-club members on their rights and to educate the shops in which we all like to have service our subarus. I have found over the last two years a thread like this is very much needed. Only one shop I have found over a two year time follows these guidelines set forth.
So this will be straight from the California law books and is strictly enforced by the branch of the Bureau of Automotive Repair (B.A.R.) and is the automotive arm of the department of consumer affairs.

The six steps listed below will help you work with an auto repair shop. Following these steps could help save you future problems from an unsatisfactory repair shop experience.
STEP 1: WHAT SHOULD I BRING WITH ME TO THE REPAIR SHOP?

• Make a list, check it twice. If you have a history of the repairs made to your car, bring the list with you. Write out a list of your automotive concerns and symptoms so you don't forget the details.
• Take careful note of things like: unusual sounds, odors, leaks or smoke, problems in handling or braking, any changes in your vehicle's performance such as oil and gas usage.
• Recall the recall. Bring any notices of recalls or warranty concerns.
• Check your manual. Refer to your vehicle's owner's manual for the suggested maintenance and service schedules.

STEP 2: HOW DO I MAKE SURE THEY UNDERSTAND THE PROBLEMS?

• Use your words. Explain the problem your vehicle is having clearly in detail. It helps to bring in a list of symptoms.
• Show and tell. It helps to explain the problem when you and the technician are physically examining the car.
• Repeat it back. Have the technician explain the problem back to you so you're sure all your problems and concerns will be addressed.

STEP 3: WHAT SHOULD WE AGREE ON BEFORE I LEAVE THE VEHICLE TO BE SERVICED?

• Get a written estimate on the work order. A written estimate should include:
  1. Estimated price of parts and labor
  2. Current mileage
  3. Description of the work and method of repair
  4. Request for return of your old parts
• Estimate: "fee" or "free". Some shops charge for an estimate, so find out if there is a fee for an estimate. Stations often charge for diagnostic tests that cost them money to perform. Stations also often charge for a "tear down" and inspection for more complex jobs.
• Signing the order. The technician will ask for you to authorize the repairs by signing a work order. When you sign a work order you are liable to pay up to the specified amount for the diagnostic or repair service.
• Contact number. Let them know when and where you can be contacted in case they have further questions or they need approval for additional work done on your car that was not covered under the written estimate.

STEP 4: WHAT IF THEY FIND SOMETHING THAT WAS NOT PART OF THE ORIGINAL ESTIMATE?

• Technician must get your consent for additional repairs. If the technician later determines additional repair is needed other than specified on the work order, the station must get your consent for additional work.
• Telephone consent is OK. You do not have to go to the shop to give your consent. Consent can be given over the phone and noted on work order. You may also give authorization by fax or email.
• Time to ask questions. When a technician asks your consent for additional repairs, make sure you clearly understand what they are proposing to do. If you do not understand, ask them to explain it to you using non-technical words.

STEP 5: WHAT SHOULD I EXPECT WHEN I PICK UP MY CAR?

• Final invoice. You will get a final invoice that should include the following:
  1. All repair invoices must include the shop's name, address and BAR license number.
  2. The shop must also provide an itemized list of labor and parts, and tell you if any used, reconditioned, or rebuilt parts, or an OEM crash part, or a non-OEM aftermarket crash part were used.
• Old parts. You are entitled to the return of any old parts that were replaced during your repair. But you must request the old parts be returned at the beginning of the service, as part of the work order. In some instances, the old part must be returned under a warranty or "core" arrangement. However, you are entitled to view the part before it is returned.
• Check out the repairs. Have the technician explain the repairs and, if possible, point out repairs and parts on your vehicle.

STEP 6: IS THE WORK GUARANTEED?

A repair shop is NOT required to give you a guarantee, but many do offer guarantees. A written guarantee should show the following

• Name and address of business making the guarantee
• What the guarantee promises (such as repair or replace the failed part, or refund your money)
• What you are required to do under the guarantee (such as return the car to shop, or pay a service charge)
• The effective time period of the guarantee (such as 90 days from the date of repair)
• Items that are covered or excluded
• Whether the guarantee is prorated (adjusted for time or mileage)
• If the guarantee is transferable to the new owner if you sell your vehicle

I<3subie

iTrader: (13)

Finding a Repair Shop

The three steps listed below will help you pick an auto repair shop, including making sure it's licensed. The Quick Hits on the left give you more information on selecting a shop and consumers' guides

Step 1: How do I pick a repair shop?
Here are some guidelines to use when you begin to locate an auto repair shop. By using them, and the other steps that follow, you could save yourself from future problems with an unsatisfactory auto repair experience.

• Select a shop before you need one.
  If possible, select a shop before you actually need one. It's easier to find a good one when you're not desperate.
• Ask friends and family for recommendations.
  If they're happy with a shop's services, chances are you will be, too. Ask someone with a car that is the similar make, model and year as your car.
• Visit the shop first.
  Before you decide on a repair shop, go visit them and ask questions. See Step 2 for questions to ask. See Step 3 for things to look for when you go.
  Have the shop do a minor repair. If you're happy with the service during a minor repair or routine service, you will be more comfortable bringing in your car for more extensive service.

Step 2: What questions should I ask?
Here are some questions to ask a repair shop you are considering using. You may think of others. The important thing is to learn something about the shop before using them.

• Ask if the station is licensed.
  All stations must be licensed by the State of California.
  How can I check to find out if the shop is licensed before I go in? You can check the station's license by visiting BAR's License Search for Auto Repair Dealers.
  
• What if the station isn't licensed?
  If the station is not licensed, they should be reported to the Bureau of Automotive Repair. When you choose to do business with an unlicensed station, your mediation options may be limited if you find yourself in a dispute with the station. You may decide to report an unlicensed shop
  
• How can I find out if there are any complaints about the shop?
  Contact the Better Business Bureau in your area. You can also check for disciplinary actions.
  
• Ask for the shop's hourly rates.
  Use this information when you compare estimates from different shops.

Step 3: What should I look for when I visit the shop?
Here are some things to look for when you first visit an auto repair shop your are considering. You may think of others. The important thing is to learn something about the shop before using them.

• Look for cars like yours.
  Different shops will specialize in fixing different kinds of vehicles.
  
• Check the shop's appearance.
  Look to see that the shop is clean and well organized.
  
• Make a courtesy check.
  Polite employees usually signal a well-run shop.
  
• Look for posted terms and conditions.
  Many shops post terms and conditions, including labor rates and guarantees.
  
• Look for the BAR sign.
  All auto repair shops in California must be registered with BAR, and every repair shop must post a sign to inform customers of their rights. View samples of BAR signs here.

I<3subie

iTrader: (13)

Resolving Disputes and Reporting Complaints

Ok so you have had a problem. You tried working it out and nothing.

• The shop will not give you your car back?
• Will not finish the work?
• The work seems to drag on for months and months?
• Price changed upon pick up of your subaru?

The four steps in this section should help you get the most from the BAR complaint process.

Step 1: How can BAR help me?
Each year, BAR negotiates more than $4 million in rework, refunds, and adjustments on behalf of consumers. If you feel you have a complaint requiring investigation,

What are my rights?

• A written estimate for repair work.
• A detailed invoice of work done and parts supplied.
• Return of replaced parts, if requested at the time a work order is placed.
• Questions concerning the above should be directed to the manager of the repair facility.

Step 2: How do I file a complaint?

There are three ways to file a complaint:

1. Use the On-line Complaint Form,
2. Complete and print the Complaint Form
3. Call to have a Complaint Form mailed to you from the Consumer Information Center at (800) 952-5210

Save all your receipts; they may be helpful when BAR reviews your complaint.

Step 3: How does BAR resolve my complaint?

• Upon receiving your form, BAR will assign a case number to your complaint. Within 10 days you will receive a postcard acknowledging receipt of your complaint and identifying the BAR representative assigned to your case.
• A supervisor will review the complaint to see if it appears the shop has violated the Auto Repair Act or any other laws.
• The assigned BAR representative will review the complaint and contact you.
• Your BAR representative will attempt to negotiate with the repair shop on your behalf . While BAR cannot represent you in court, collect money, or levy fines on your behalf, your BAR representative will contact the owner or manager of the repair shop, describe your complaint, and attempt to facilitate a satisfactory settlement.
• The complaint resolution effort may require your BAR representative to contact you and the repair shop several times.
• If it appears any Auto Repair Act violations have occurred, your BAR representative will try to obtain documentation.
• The outcome will be confirmed with both sides and you will be notified, by phone, in person, or by mail when the case is closed.

Step 4: What happens if we don't reach an agreement?
You may want to consult an attorney, or take your case to civil court. Unfortunately, BAR cannot represent you in court, collect money, or levy fines on your behalf. You may request information on how to Subpoena records from BAR by contacting a local BAR field office

I<3subie

iTrader: (13)

Bureau of Automotive Repair

• Who is the B.A.R.
• What do they do?
• What can they do for me?

Automotive Repair Program

From its headquarters in Sacramento and through 12 field offices around California, the Bureau of Automotive Repair (BAR) conducts consumer protection services related to automotive repair. BAR registers and regulates automotive repair dealers, accepts and resolves auto repair complaints from the public, investigates violations of the Automotive Repair Act and, when appropriate, refers cases to law enforcement authorities. BAR also administers a statewide licensing program of repair facilities and service technicians in lamp and brake inspection and repair. BAR licenses more than 34,000 auto repair dealers in California.

Smog Check Program

In 1982, California became the 20th state in the nation to adopt a vehicle inspection and maintenance (Smog Check) program. BAR is mandated by law to administer the Smog Check program. There have been a number of program changes over the years, but the goal of Smog Check remains the same: to reduce air pollution produced by motor vehicles. BAR licenses over 7,050 privately-owned Smog Check stations and more than 15,000 Smog Check technicians, thereby implementing the program through a decentralized system.

Consumer Complaints

Each year, BAR handles over 14,800 consumer complaints involving auto repair. BAR's complaint resolution efforts result in approximately $6.3 million being returned to consumers in the form of direct refunds, rework of the vehicle at no charge, or adjustments to the final bill.

If your on the internet. I have sure you have heard and seen the stories of oil change places getting hit with steep fines, smog shops getting busted up and people being hauled off to jail.
This is all handed down from your compliants, then investigations that the state of california charges the B.A.R. to do for consumer protection.

If you are thinking about having any work done. You can search the data base for the shops name to see what status they are with the B.A.R.
Click on the link to Verify A License

If you would like to see the smog history of your car.
You can follow the link here

I<3subie

iTrader: (13)

Bureau of Automotive Repair Enforcement

The California Legislature enacted the Automotive Repair Act in 1971 in response to consumer and industry concerns about unacceptable levels of fraud or incompetence in the auto repair market. The Bureau of Automotive Repair (BAR) was created to spearhead regulation of the auto repair industry, and today BAR is considered to be the foremost auto repair regulatory agency in the nation, if not the world.

BAR's enforcement team investigates general auto repair complaints and ensures that shops comply with Smog Check statutes. Last year BAR handled approximately 14,800 complaints relating to auto repair and/or Smog Check inspections. BAR staff checks out every complaint and negotiates with the shop on the consumer's behalf to achieve a mutually agreeable resolution. The bulk of complaints are resolved by complaint resolution. In the past year, BAR returned approximately $6.3 million to California consumers in the form of direct refunds, rework, or adjustments.

In some cases, however, consumer complaints reveal evidence of serious problems: false and misleading statements, fraud, gross negligence, or other serious violations of the Automotive Repair Act. Complaints with these serious allegations are investigated by BAR's enforcement field staff before settlements are negotiated. BAR acts aggressively to combat fraud. In 2007-2008, 522 BAR licensees received formal discipline, mostly for acts of fraud.

EDUCATION:
Many of BAR's enforcement activities are geared toward case prevention and corrective education. BAR field agents spend a good deal of time educating repair dealers to foster voluntary compliance with auto repair laws. Station inspections, verbal warnings, office conferences, educational presentations and "Write It Right" invoice training are typical proactive education measures.

INVESTIGATION:
BAR launches a formal investigation into a shop's practices when consumer complaints or other sources demonstrate allegations of fraud or a pattern of other violations of the Automotive Repair Act. Formal investigations can include vehicle reinspections, undercover operations, surveillance, record reviews, or an analysis of vehicle information data.
BAR also reviews the transaction to determine whether the shop provided a written estimate before starting the repairs, and got the customer's authorization for additional parts and service before doing repairs that exceeded the estimate. BAR conducts multiple undercover runs on each subject shop to substantiate the findings and demonstrate a pattern.

FRAUD:
Fraud can occur in many forms. In auto body repairs, fraud may occur when the shop lists new replacement parts on the invoice and charges the customer for new parts, but actually installs used parts or simply repairs and reinstalls the damaged part. In transmission repair, consumers are sometimes defrauded when they are talked into unnecessary repairs or charged for parts that were not actually installed. This is one area where consumers are particularly vulnerable. That's because unless the transmission is torn down and inspected after repairs, the customer may have no way of knowing whether they actually needed or even got the parts or services for which they paid.

FALSE AND MISLEADING STATEMENTS:
BAR can take administrative action against an auto repair dealer for making false or misleading statements to a customer. When a technician uses scare tactics to coerce a customer to authorize unnecessary repairs - a practice called "oversell" - he or she has violated the Automotive Repair Act. A twist on this scenario involves advertising a service at an incredibly low price. After the customer leaves their car for the low-priced special service, an unscrupulous shop may attempt to convince the customer that they need costly, additional - and often unnecessary - parts and service.

LEGAL ACTION:
When a BAR investigation substantiates these significant violations of the Automotive Repair Act, the findings are documented and the resulting case is submitted to the local District Attorney (DA) and/or the state Attorney General (AG) for prosecution. The DA or AG reviews the case and, if appropriate, files a legal action for civil, criminal, or administrative prosecution.


Typical disciplinary actions that result from a formal investigation include revocation of the station's registration or license, suspension of operations for a specified period of time, probation, or any combination of these actions. A disciplinary decision issued by the Director of the Department of Consumer Affairs can order restitution to victims and reimbursement of prosecution and investigation costs. If shop owners or technicians are convicted of criminal charges brought by a DA, they can be required to serve time in jail.

The administrative disciplinary process provides the auto repair dealer, Smog Check station, or licensed Smog Check Technician, due process while giving BAR an avenue for shutting down unscrupulous repair shops - and protects consumers by putting bad operators out of business.

Many enforcement investigations begin with a consumer complaint.

MrPrimus

iTrader: (2)

Keep it up!

I<3subie

iTrader: (13)

I'll put togther others if people would like.

MyNikonLens

iTrader: (2)

this is an awesome thread. keep it coming.

norcalwrx209

nice thread i like.... is their any about car dealers and acting shady or something?

I<3subie

iTrader: (13)

Yeah I can do that.

SamuiArashi

iTrader: (1)

Nice thread Mike it's helpful. Do you have recommendations on Bay area Shops? I got hit on the back and need either replacement bumper +paint, or just repaint and i have no idea where to go yet.

I<3subie

iTrader: (13)

There is one I'll pm you.

SamuiArashi

iTrader: (1)

Thanks Mike

brucelee

iTrader: (6)

I don't have a cool list like the original poster does, but I do know one shop to avoid like the plague... EMC Collision off 880 in Fremont right by the Stevenson exit. Its on a street that runs parallel to 880S. They like to pass themselves off as high end and dealing with expensive cars, but their work looks like it was done by an unskilled illegal immigrant that they picked up the prior morning from the Home Depot parking lot. Terrible, TERRIBLE work and even worse customer service. The reason I mention it over other shops is because they advertise and are somehow really popular so people go to them thinking its a good reputable shop... Boy were we all fooled

knock

iTrader: (3)

All this reminds me of why I love the full set of tools sitting in my garage.