Magnuson-Moss Warranty Act

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Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act was the first federal statute to address the law of Warranty. The act (15 U.S.C.A. § 2301 et seq.) mandates that a written warranty on any consumer product that costs more than $5 must completely and conspicuously disclose, in easily understood words, the terms and conditions of the warranty. A warranty may guarantee several things, such as that the item will perform in a certain way or that the manufacturer will repair or replace the item if it is defective.

The act was sponsored by Senators Warren G. Magnuson and Frank E. Moss. Congress passed the act in 1975. Its purpose was to improve the information available to consumers, prevent deception, and improve competition in the marketing of consumer products, which are defined as property distributed in commerce and actually used for personal, family, or household purposes. The act provides a federal Cause of Action for consumers who experience problems with warranted durable goods. If a plaintiff prevails against a seller in a lawsuit brought under the act, the plaintiff is entitled to recover all litigation expenses, including attorney's fees based on actual time expended, as determined by the court.

The Act does not require that manufacturers or sellers of consumer products provide written warranties. Instead, the act requires that manufacturers and sellers who do warrant their products to clearly disclose the terms of the warranty so that the consumer understands his or her rights under the warranty.

In addition, according to the act, a written warranty on a consumer product that costs more than $10 must be clearly labeled as "full" or "limited." A full warranty means that whoever promises to fix the item must do so in cases of defect or where the item does not conform to the warranty. This action must be done within a reasonable time and without charge. A limited warranty can contain reasonable restrictions regarding the responsibilities of the manufacturer or seller for the repair or replacement of the item.

Further readings

Schaefer, David T. 1996. "Attorney's Fees for Consumers in Warranty Actions—An Expanding Role for the UCC?" Indiana Law Journals 61 (summer).

Cross-references

Consumer Protection.

References in periodicals archive ?
25, 2011 /PRNewswire-USNewswire/ -- Following decades of successful protection for motoring consumers who wish to purchase aftermarket parts rather than the identical, but more expensive, car company-labeled parts, the pro-consumer Magnuson-Moss Act, passed in the mid-1970s, is currently being reviewed by the Federal Trade Commission (FTC).
doing business as Guaranty RV Centers: Plaintiff alleges violations of Magnuson-Moss Act, breach of warranties.
The court pointed out that its holding conflicted with an earlier state appeals court ruling that held that "there must be an identifiable purchase and sale before the provisions of the Magnuson-Moss Act apply.
sold vehicles covered under a company warranty as well as by the Uniform Commercial Code and the Magnuson-Moss Act.
sections] 10(a)(2) and the Magnuson-Moss Act regulations, 15 C.
Ellis (1982), "The Readability of Warranties: Did They Improve After the Magnuson-Moss Act and Are They More Complex Than Other Product Related Communications," unpublished working paper, Oklahoma State University, College of Business Administration, Stillwater.
She also specializes in state lemon law, UCC, Deceptive Trade Practices Act, Magnuson-Moss Act, accident and fire arbitration, and other consumer law actions.
Association Claims Honda Violating Magnuson-Moss Act
Express warranties have been extensively studied by scholars since the passage of the Magnuson-Moss Act (Kelley 1986).
As a leading authority explains, "Feeling that it is deceptive to use an express warranty as a means of disavowing more valuable implied warranties, the Magnuson-Moss Act in its most important provision states that the implied warranties on consumer products may not be disclaimed if a written express warranty is given" (Hawkland Uniform Commercial Code Series by William D.
Bass-Cors said, "Trebing's statement on warranty work is misleading since Right to Repair is not a 'parts' bill and passage of the Magnuson-Moss Act in Congress prohibits repairs from being tied to warranties.