Dear Consumer Ed:

I dropped my car off to a repair shop 6 weeks ago and I still don't have my vehicle. I was given a verbal estimate of $400 the first week and told that it was a bad crankshaft sensor and a bad ignition coil. I've been calling every day to stay on the company to check the status of my vehicle, but the mechanic has given me the run-around every week. Now the mechanic is quoting an $880 price tag and is still giving me a run-around.  The estimates I’ve gotten have been verbal, not written.  Do I have any legal recourse or is this normal?

Consumer Ed says: 

You didn’t say whether or not the mechanic has actually performed any work on your car.  If the mechanic hasn’t actually performed any work or maintenance on your car, get your car back and take it to several other repair shops to get additional diagnoses and estimates.

If the mechanic has already worked on your car, and you refuse to pay the repair bill, the mechanic can legally keep your car until you pay for the repairs.  So, you should pay the bill, making clear in writing that you disagree with what has been charged and are paying under protest.  However, you should take certain steps before you pay the bill so you are protected in case of potential legal actions against the mechanic.  If the amount the mechanic charged is much higher than the estimate, or if the work was done without your authorization and you feel that you have been overcharged, question the bill—again, in writing as well as verbally.  Have the shop write out the reasons for the difference in cost, and keep this written explanation together with the work estimate, final bill, and other paperwork.  You can also send the mechanic a written demand to return your old parts.

After paying the bill and getting your car back, you may be able to take legal action against the mechanic, but you should consult an attorney to discuss your options.  You can also submit a complaint to the Georgia Governor’s Office of Consumer Protection (“OCP”) by calling 404-651-8600, or visiting our interactive website at www.consumer.ga.gov.  While OCP does not represent individual consumers, it does look for patterns of unfair and deceptive business practices and may decide to conduct an investigation now or in the future.

You also could take your car to another repair shop as well. Give the second mechanic a copy of your itemized receipt from the first mechanic.  Request that the second mechanic inspect the repairs completed and the parts sold by the first mechanic. Get the report from the second mechanic in writing.

In the future, there are several precautions that you can take when getting your car repaired:

•    Ask for a written estimate before you authorize repairs.

•    Ask if repairs are guaranteed, and get the guarantees in writing.

•    Research the mechanic and repair shop using the Better Business Bureau, online search engines, and friends and family.

•    Get several estimates from different repair shops.

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Dear Consumer Ed:

I flipped my Jeep in a canal.  The towing company says it will cost $6,000 to recover the vehicle from the canal.  Are they allowed to charge this much for a two to three hour job?  I can hire a crane for $500 an hour to remove the vehicle.

Consumer Ed says: 

The short answer to your question is yes—towing companies are allowed to charge whatever price they deem appropriate when you hire them to tow your car.   When a person hires a towing company, the service rendered by the towers is called consensual towing.  Federal law prohibits states from setting price caps on fees for consensual towing.  States can, however, regulate the amount that towing companies charge to tow illegally parked cars.  The service rendered in this situation is called non-consensual towing.  In Georgia, towing companies may not charge more than $125 for the non-consensual towing of a vehicle that weighs less than 10,000 pounds.

As a Georgia consumer, however, you are protected by the Fair Business Practices Act, which prohibits unfair and deceptive acts or practices in the marketplace.  If, for example, the towing company originally told you that they would charge you $500 to recover your vehicle, but then charged you $6,000 after recovery, that act would probably be considered unfair and deceptive. The Governor's Office of Consumer Protection will pursue such violations if the Administrator determines there is a substantial public interest. You can contact us at www.consumer.ga.gov or by calling 404-651-8600 or 800-869-1123 (toll-free in Georgia, outside of the metro Atlanta calling area).

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Dear Consumer Ed:

I went to a dealership to buy a car, and the business manager was pressuring me to let him check my credit to get better financing terms than my credit union was offering.  I refused because I am happy with my credit union financing.  I got the buyer's order to take to my credit union to get the check to make the purchase, but the dealer told me that once they had the check and before I drove the car off the lot, I would have to give them my Social Security number.  They gave me a blank credit application to put it on.  They said they needed it to verify my identity, and if they did not check they could lose their license.  I told them that if my credit union was giving me a check to purchase the car, that should be assurance enough that I am who I say I am.  I have already given them my Georgia driver’s license.  Is this legal?         

Consumer Ed says: 

Car dealerships must fulfill a number of requirements in order to avoid penalties; however, looking for identity “red flags” after the customer has retained financing from a third-party is not one of them.  What the car dealership must do is file a Notice of Security Interest with the State of Georgia within 20 days of your purchase to inform the State about the financing involved with this sale. This notice requires minimal information about the purchaser of the vehicle, all of which can be found on your driver’s license.  Accessing a credit report in connection with a credit transaction involving the consumer is permitted under the Fair Credit Reporting Act; however, because you had already obtained credit from another source and didn’t apply for credit through the dealership (in fact, specifically expressed your wish not to do so), the dealer wouldn’t have had a legitimate reason to run your credit history.

Based on your description of your interaction with the car dealership’s business manager, this dealership might be in violation of the Georgia Fair Business Practices Act (“FBPA”).  The FBPA prohibits unfair and deceptive acts or practices in the marketplace.  For example, if the business manager says that he needs your social security number for a “required” background check, but it turns out that this background check is a pretext for finding and offering you alternative financing through the dealership, this act might be considered unfair and deceptive.

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