§ 14-1402. Warranty Adjustment Program

   (a) Procedures. -- A manufacturer of motor vehicles sold in the State shall establish procedures under which each consumer in the State who owns or leases a motor vehicle to which an adjustment program of the manufacturer applies:

   (1) Is notified of the adjustment program;

   (2) On request, is provided with a copy of any service bulletin or any other document issued by the manufacturer pertaining to an adjustment program or to a condition that may substantially affect motor vehicle durability, reliability, or performance; and

   (3) Within 90 days after the establishment of a new adjustment program, is sent written notice by first-class mail of the terms and conditions of the adjustment program.

(b) Notice of rights and remedies. --

   (1) A manufacturer of motor vehicles sold in the State shall ensure that the purchaser of a new motor vehicle receives, at the time of purchase, a written notice describing the rights and remedies provided under this section.

   (2) The written notice shall be considered sufficient if stated in substantially the following form:

"Sometimes (insert manufacturer's name) offers a special adjustment program to pay all or part of the cost of certain repairs beyond the terms of the warranty. Check with your dealer to determine whether any adjustment program is applicable to your motor vehicle."

(c) Information to dealers. -- A manufacturer shall provide to its dealers information about each adjustment program of the manufacturer in a format that facilitates the disclosure of the terms and conditions of the adjustment program to a consumer seeking repairs at the dealer's repair facility.

(d) Reimbursement. --

   (1) A manufacturer that establishes an adjustment program shall implement procedures to ensure reimbursement of each consumer who:

      (i) Is eligible under the adjustment program; and

      (ii) Incurs expenses for the repair of a condition subject to the adjustment program before the consumer knows about the adjustment program.

   (2) Reimbursement under this subsection shall be consistent with the terms and conditions of the particular adjustment program.

   (3) (i) A consumer shall make a claim for reimbursement under this subsection in writing to the manufacturer within the later of:

         1. 2 years after the date of the consumer's payment for the repair of the condition; or

         2. 1 year after the date the manufacturer sends the notice required under subsection (a)(3) of this section.

      (ii) The manufacturer shall notify the consumer within 21 business days after receiving a claim for reimbursement whether the claim will be approved or denied.

      (iii) If the claim is denied, the manufacturer shall state in writing the specific reasons for the denial.

HISTORY: 2007, chs. 342, 343.