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Discount Tire No Written Repair Estimates Florida Class Action

Discount Tire Company maintains thirty-two repair shops in Florida. The complaint for this class action alleges that Discount has violated the Florida Motor Vehicle Repair Act (FMVRA) because, it claims, the company does not give each customer an itemized, written repair estimate of the anticipated cost of a repair before the repair is performed.

The class for this action is all persons in Florida who bought tires from a Florida Discount Tire and paid a repair invoice without being provided a written estimate, prior to the work being performed, that exceeded $100.

The FMVRA requires that Discount “provide each customer with a written repair estimate stating the estimated cost of the repair work,” the complaint alleges, including certain specific information, “when the customer requests repair work that exceeds $100.00.” This written estimate must be given to the customer before the repair work is done.

But Discount does not do this, the complaint alleges. Instead, its salespeople “confer with each customer, and once the tires are chosen, Discount Tire representatives enter the information into a computer.”

In fact, the company’s “representatives obtain payment in full of the pending repairs, and direct customers to a waiting area. After the repairs are performed the Discount Tire representative calls the customer back to the sales counter, and at that time the representative finally prints the repair invoice.” The representative folds the invoice, puts it into an envelope, and hands it to the customer along with the vehicle’s keys.

While the invoice includes the estimate, Discount does not give it to the customer before the repair is performed and it does not get the customer’s signature on the estimate form.

Also, the form does not show customer check marks for repair estimate options. These options allow the customer to request a written estimate, to waive the written estimate as long as the repairs do not exceed a specified amount, or simply not to request a written estimate. Instead of this, Discount uses an electronic disclaimer that states, “Signature on file.” However, the complaint alleges that Discount has no signature on file that pertains to the repair estimate or the legal requirements for the estimate.

Why is this a problem? The complaint alleges that customers cannot review the charges or “make meaningful choices for products that Discount Tire regularly adds to the invoices without customer approval. For example, Discount Tire added two ‘Certificates for refund, replacement,’ (Certificates) at a cost of $21 each” to the invoice of the plaintiff in this case. This constituted an extra charge of $42 that she was not aware of.

The complaint alleges that Discount “adds these undisclosed charges for ‘Certificates’ as a routine practice. Further, Discount Tire does not identify or define in any meaningful fashion on the invoice what a ‘Certificate’ actually constitutes on the itemized invoice.” The customer has no choice then to question or decline these charges. In fact, the complaint alleges, the Certificates are simple warranties on the tires.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Discount Tire No Written Repair Estimates Florida Class Action

November 3, 2021

Discount Tire Company maintains thirty-two repair shops in Florida. The complaint for this class action alleges that Discount has violated the Florida Motor Vehicle Repair Act (FMVRA) because, it claims, the company does not give each customer an itemized, written repair estimate of the anticipated cost of a repair before the repair is performed.

Discount Tire No Written Repair Estimates Florida Class Action

Case Event History

Discount Tire No Written Repair Estimates Florida Class Action

November 3, 2021

Discount Tire Company maintains thirty-two repair shops in Florida. The complaint for this class action alleges that Discount has violated the Florida Motor Vehicle Repair Act (FMVRA) because, it claims, the company does not give each customer an itemized, written repair estimate of the anticipated cost of a repair before the repair is performed.

Discount Tire No Written Repair Estimates Florida Class Action
Tags: Required Work Estimates