The Never-Ending Bill—Your Rights Against a Dishonest Mechanic

It is an all-too-well known situation. You bring your vehicle in for servicing or repair, only to be saddled with a bill much larger than originally quoted, with more work done than agreed to. Worse, you now are told if you fail to pay this outrageous bill promptly, the garage will file a mechanic’s lien on the vehicle, affecting your credit, and dispossessing you from your vehicle until the lien is resolved. You feel in your gut that this situation must be wrong, that there must be something that can be done. Fortunately, Texas law provides consumers protection from a variety of deceptive or fraudulent conduct, including from mechanics who seek to wrongly leverage their job.

In Texas, a prospective plaintiff who wishes to sue a mechanic for deceptive trade practices is protected under the Texas Deceptive Trade Practices Act (“DTPA”). The DTPA provides robust consumer protections against false, misleading, and deceptive business practices.

Understanding the DTPA: The DTPA is designed to protect consumers from deceptive business practices. To qualify as a consumer under the DTPA, the plaintiff must have sought or acquired goods or services by purchase or lease. This includes services provided by mechanics. Virtually all services engaged at a garage, repair shop, or servicing center will qualify a prospective plaintiff as a “consumer.”

Pre-Suit Notice: Before filing a lawsuit, the plaintiff must provide the mechanic with a written notice detailing the specific complaints and a stated, claimed amount of economic damages, mental anguish, and expenses incurred. This notice must be given at least 60 days before filing the suit. This step allows for potential settlement negotiations and gives the mechanic an opportunity to address the issues. If this step is not satisfied, and a lawsuit is filed without the required statutory notice, the mechanic may file a Plea in Abatement, which will halt the lawsuit for at least 60 days. Meaning, there is no good sense in avoiding or neglecting to send a DTPA Notice Letter. If the grievances are well-founded, it may hasten the resolution of the dispute.

Prohibited Practices: The DTPA prohibits a wide range of deceptive practices, including false advertising, misrepresentation of goods or services, and failure to disclose information about goods or services. For example, if a mechanic falsely claims that certain repairs are necessary when they are not, performs and charges the customer for work that they did not consent to or approve—particularly coupled with the presence of threats to withhold the vehicle, or if they use substandard parts without informing the customer; any of these actions could be considered deceptive under the DTPA.

Legal Remedies: If the case goes to court and the plaintiff prevails, they may be entitled to various remedies. These can include economic damages, damages for mental anguish, and in some cases, punitive damages if the conduct was particularly egregious. Additionally, if there is a finding of deceptive conduct, the plaintiff could be entitled to treble damages (a form of punitive damages) and attorney’s fees and court costs. The penalties upon the defendant may be heavy, but it is intended to be so to deter deceptive and fraudulent business practices.

Statute of Limitations: It is important to note that there is a statute of limitations for filing a DTPA lawsuit. The plaintiff must file the lawsuit within two years from the date the deceptive act occurred or from the date the plaintiff discovered or should have discovered the deceptive act. Sometimes, there may be a delay in time between the deceptive act and the plaintiff’s discovery of the deceptive act. However, courts will examine the discovery according to the “discover rule,” which examines whether a reasonable person would have likely discovered when the plaintiff did, or sooner. This determination can be crucial when there is a greater than two-year period of time when the plaintiff discovers the alleged deceptive conduct. Clearly, in instances of defective parts or repairs, the discovery rule may be of relevant concern.

By understanding these rights and procedures, a prospective plaintiff in Texas can effectively navigate the legal process to seek justice against a mechanic engaging in deceptive trade practices.

For a free consultation, please contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584.