After my car broke down I had it towed to a Massachusetts mechanic. He called be two days later with an estimate. I called him back the next week to tell him to go ahead with the repairs. When I picked up the car, the bill had a $100 storage fee because, the mechanic says, I took so long to call about the repair. Does MA law allow that? (Posted by Tinyone on The Forum.)
Editor's Response:
There is a Massachusetts regulation that is relevant to your situation. Under Massachusetts law (940 CMR 5.05(4)), before getting permission to make repairs, mechanics must notify customers: (1) about any charges for storage; (2) about the customer's right to the return of replaced parts; and (3) whether the shop charges a fee for an estimate or diagnosis. The notice may be verbal or by conspicuous written notice.
It does not sound as though you received any notice of the storage fee. I would bring a copy of the regulation to your mechanic and ask him to remove the charge. If he does not, you may want to file a complaint with the MA Office of Consumer Affairs and Business Regulation, or consider using a 93A demand letter. (See article in our Quick Information Library)
For more information or to post a question, visit our Consumer Law Discussion Forum.
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