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 classic literature ?
IDEAS SUGGESTED BY THE FEAST OF CALABASHES--INACCURACY OF CERTAIN PUBLISHED ACCOUNTS OF THE ISLANDS--A REASON--NEGLECTED STATE OF HEATHENISM IN THE VALLEY--EFFIGY OF A DEAD WARRIOR--A SINGULAR SUPERSTITION--THE PRIEST KOLORY AND THE GOD MOA ARTUA--AMAZING RELIGIOUS OBSERVANCE--A DILAPIDATED SHRINE--KORY-KORY AND THE IDOL--AN INFERENCE
In fact, this funny little image was the 'crack' god of the island; lording it over all the wooden lubbers who looked so grim and dreadful; its name was Moa Artua*.
Soon you see him returning with Kolory, who bears the god Moa Artua in his arms, and carries in one hand a small trough, hollowed out in the likeness of a canoe.
What under the sun Moa Artua on these occasions had to say to Kolory I never could find out; but I could not help thinking that the former showed a sad want of spirit in being disciplined into making those disclosures, which at first he seemed bent on withholding.
For a youngster scarcely ten inches high, and with so few early advantages as he doubtless had had, Moa Artua was certainly a precocious little fellow if he really said all that was imputed to him; but for what reason this poor devil of a deity, thus cuffed about, cajoled, and shut up in a box, was held in greater estimation than the full-grown and dignified personages of the Taboo Groves, I cannot divine.
Kory-Kory--who seemed to have devoted considerable attention to the study of theology, as he knew the names of all the graven images in the valley, and often repeated them over to me--likewise entertained some rather enlarged ideas with regard to the character and pretensions of Moa Artua.
Toyota, Ford, GM Strict Product Liability - Implied Warranty of Merchantability Song-Beverly Consumer Warranty Act for Breach of Express Warranty Song-Beverly Consumer Breach of Implied Warranty Act of Implied Warranty of Warranty of Merchantability Merchantability Magnuson-Moss Warranty Act Contract/Common Law Warranty Fraudulent Fraud by Concealment Concealment False Advertising Law Negligence Consumers Legal Remedies Act - Unfair Competition Law - Paul Spisto v.
Under the Magnuson-Moss Warranty Act (MMWA), in 1975, the FTC promulgated the Disclosure Rule, which provides disclosure requirements for written warranties on products that cost more than $15, specifies language for certain disclosures, and requires simple language in a single document, and the Pre-Sale Availability Rule, which describes how warrantors and sellers must provide warranty terms before a sale.
The suit specifically accuses Apple of violating the federal Magnuson-Moss Warranty Act, as well as violating the Song-Beverly Consumer Warranty Act and other California consumer protection laws.
The new rules were a result of the 2015 E-Warranty Act -- which had updated the Magnuson-Moss Warranty Act (MMWA).
Part IV(b) of this article will initially address the Magnuson-Moss Warranty Act, which enables customers who are injured due to the gross product warranty abuse of the manufacturer to have their day in court by allowing them to initiate a private cause of action.
The Magnuson-Moss Warranty Act prohibits printer warranties from being voided by using remanufactured toner cartridges.