HOUSE DOCKET, NO. 2361        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2168

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to protecting consumers by providing notice.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2361        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2168

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 857 OF 2015-2016.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act relative to protecting consumers by providing notice.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 34R of Chapter 90 of the general laws, as appearing in the 2014 Official Edition, is hereby amended by striking subsection (b) and replacing it in its entirety with the following new subsection:-

“(b) Attached to any such estimate which identifies non-original manufacturer parts shall be the following notice and acknowledgment, printed in no less than twelve-point type:

NOTICE

The repair estimate is based in part on the use of replacement parts which are not made by the original manufacturer of the damaged parts in your vehicle. Warranties, if any, applicable to these replacement parts are provided by their manufacturer or supplier rather than the manufacturer of your vehicle.  The use of parts not made by the original manufacturer may void existing warranties. 

You have the right to have your vehicle repaired at any repair shop.  Your insurer or appraiser shall not require that the repairs to your motor vehicle be made at any specific repair shop.”

SECTION 2. Section 113T of Chapter 175 of the general laws, as appearing in the 2014 Official Edition, is hereby amended, by inserting the following paragraph at the end thereof:-

“Notwithstanding any general or special law to the contrary, any insurer, employee or agent thereof, who provides participating repair shop programs or endorsements shall, at the time an insured contacts the insurer to report an incident requiring the repair of the insured’s motor vehicle, read aloud, or if contacted electronically, provide a written notice, the following disclosure to the insured at the outset of the initial interaction:

“Under Massachusetts law, you have the right to choose a registered repair shop of your choice.  All registered repair shops must guarantee their repairs.”