PROTECTION OF OWNERS AND BUSINESSES IN THE REPAIRING OF MOTOR VEHICLES
Remedies for violation of chapter
[ Text of section effective until November 26, 2013. Repealed by 2013, 165, Sec. 1.]
Section 6. Section (6)(a) In addition to any other remedies that may be available under law, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.
(6)(b) An independent repair facility or owner who believes that a manufacturer has failed to provide information or a tool required by this chapter must notify the manufacturer in writing through the National Automotive Service Task Force (NASTF) Service Information Request process or its successor organization or process, and give the manufacturer thirty (30) days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures said complaint within the cure period, damages shall be limited to actual damages in any subsequent 93A litigation.
(6)(c) If the manufacturer fails to respond to the notice provided pursuant to (6)(b), or if an independent repair facility or owner is not satisfied with the manufacturer’s cure, the independent repair facility or owner may file a complaint in the superior court, or if applicable in the federal district court for the district of Massachusetts. Such complaint shall include, but not be limited to the following: (i) written information confirming that the complainant has visited the relevant manufacturer website and attempted to effect a proper repair utilizing information provided on such website, including communication with customer assistance via the manufacturer’s toll-free call-in assistance, if made available by such manufacturer; (ii) written information confirming that the complainant has obtained and utilized the relevant manufacturer’s scan or diagnostic tool necessary for such repair; and (iii) evidence of manufacturer notification as set out in (6)(b).