Current through Register Vol. XLI, No. 37, September 13, 2024
Section 142-3-3 - Option To Establish Informal Dispute Settlement Procedure3.1. Establishment of procedure. -- One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of these rules if:(a) A warrantor establishes such a procedure;(b) Such procedure and its implementation meet the requirements of these rules; and(c) A warrantor incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under the Act respecting such warranty.3.2. Effect of establishing procedure. -- If the requirements of Section 3.1 of these rules are met, then: (a) A consumer may not commence a civil action (other than a class action commenced pursuant to Section 3.4 of these rules) unless he initially resorts to such procedure;(b) A class of consumers may not proceed in a class action under Section 3.4 of these rules except to the extent a court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to warranty obligation) initially resort to such procedure.3.3. Authority to take remedial action. -- The Consumer Protection Division of the Attorney General's Office on its own initiative or upon written complaint filed by any interested person shall review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under the Act. If the Consumer Protection Division of the Attorney General's Office finds that such procedure or its implementation fails to comply with the requirements of these rules, the Consumer Protection Division of the Attorney General's Office may take appropriate remedial action under any authority it may have under any provision of law.3.4. Class actions. -- A consumer who is damaged by the failure of a manufacturer to comply with any obligation under the Act, or under a written warranty, implied warranty or service contract, may join in a class action suit for damages and other legal and equitable relief in a court of competent jurisdiction without resort to any dispute settlement procedure.3.5. Admissibility of a mechanism decision. -- Any decision rendered by a mechanism pursuant to these rules is admissible into evidence in any cause of action authorized by the Act.