The magnuson moss warranty act in a nutshell is the federal law that governs and monitors consumer product warranties. Magnusonmoss warranty act legal definition of magnuson. Magnusonmoss warranty act of 1975 legal definition of. To comply with the magnusonmoss act, consumers should obtain. P a g e 1 of 12 magnusonmoss warranty act public law 93637 15 u. The magnusonmoss warranty act an overview in 1975 congress. Oeimagnussonmoss warranty act one eye industries inc. In 1975 congress adopted a piece of landmark legislation, the magnuson moss warranty act. Magnuson moss warranty act the lemon law attorneys. Federal trade commission act, a manufacturer may not.
Businesspersons guide to federal warranty law federal. The complete text of the act as of november 21, 2016 is set forth below. Internet retailers to ensure consumers have access. The act was designed to prevent manufacturers from drafting grossly unfair consumer warranties and to make it economically viable for consumers to bring warranty suits by providing for the award of attorneys fees. It was passed by congress in 1975, and sets forth requirements and guidelines for manufacturers and sellers of consumer products to provide their customers with detailed information about their warranty coverage. The magnusonmoss warranty act, passed by congress in 1975, is the federal law that governs consumer product warranties. Passed by congress in 1975, the act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage. Section 185, page 5 of 17 for the replacement of or refund of the purchase price of defective products which are covered by a full warranty. Magnuson moss warranty act herein referred to as magnuson moss or the act.
In most instances, the magnuson moss warranty act provides broader. Magnuson moss warranty act us code title 15, chapter 50, sections 23012312 legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle per the magnuson moss warranty act 15 u. It also protects your right to extend oilchange intervals beyond whats given in your owners manual without fear of voiding your factory warranty. The magnusonmoss warranty act is federal law enacted in 1975 establishing warranty requirements. The magnuson moss act does not require manufacturers to provide a warranty, but sets specific rules when one is provided. To comply with the magnuson moss act, consumers should obtain. The trial court granted the manufacturers motion for summary judgment on the ground that expert witness testimony is required for the appellant to bring the aforementioned claims. The law requires warranties to be very detailed, with a clear breakdown of exactly what is and isnt covered. However, if your warranty covers both the parts provided for a repair and the labor involved in making that repair, the act does apply to you. Finally, the magnusson moss warranty act does not apply to any warranties on products that are sold for resale or for commercial purposes. Working in an auto dealership, youve hopefully already done your homework when it comes to the magnuson moss act informally known as the federal lemon law.
Magnusonmoss warranty act read the magnusonmoss warranty. Subsequently, the appellant filed this timely appeal. Under the federal magnusonmoss warranty act, the clean air act and general principles of the u. Nov 22, 2018 the acts purpose is to help consumers understand their products warranties and to make these warranties enforceable. The magnuson moss warranty act is often referred to as the federal lemon law because it imposes rules similar to the rules implemented by many state lemon law statutes. Although the magnuson moss act covers consumer products broadly, congress was particularly concerned with unfair and inequitable automobile warranties. The act s purpose is to help consumers understand their products warranties and to make these warranties enforceable. Unlike ucc article 2, which provides for no attorney fees or costs, the magnusonmoss warranty act. Violations of the california songbeverly consumer warranty act cal. The federal magnuson moss act of 1975, enacted to regulate written consumer product warranties, helped ease consumer concerns over voided warranties. How the magnuson moss act affects your dealership warranties. Magnuson groups liability for any and all losses and damages to buyer resulting from any cause shall be limited only to the replacement or the repair of the product.
Magnuson moss warranty act law and legal definition. Circuit court for baltimore county case no 03c15005174. Warranties and the magnusonmoss act synthetic warehouse. The federal act requires warranties to be written in. The magnuson moss warranty federal trade commission improvement act was the first federal statute to address the law of warranty.
Violations of the federal trade commission act 16 c. The law does not require any product to have a warranty it may be sold as is, but if it does have a warranty, the warranty must comply with this law. The act covers only warranties on consumer products. Passed by congress in 1975, the act requires manufacturers and sellers of consumer products to. Introduction while youve likely heard the term lemon law before, you may not know how the statute protects your rights.
This prohibition against conditioning warranties on the use of. The law is designed to provide a remedy to consumers for failure of manufacturers to. In essence, this statute was created to protect consumers from deceptive warranty practices and provide clarity regarding warranties on consumer products. The following is an overview of the act which outlines the situations in which the act applies.
Dealerships and manufacturers cannot deny a warranty claim or void a warranty if the consumer went to an independent mechanic, a chain shop, or performed repairs or routine maintenance on their own. More details on the act are found in nclcs consumer warranty law ch. To protect consumers, federal legislators passed the magnusonmoss warranty act act in warranties are promises by sellers that the. The magnuson moss warranty act is the main federal law governing consumer product warranties. Breach of the implied warranty of merchantability pursuant to the magnuson moss warranty act, 15 u. It was passed in 1975 and requires manufacturers and distributors sellers of consumer products to inform consumers about their rights under warranties. Magnusonmoss warranty act explained autoanything resource. What the magnusson moss warranty act does not require from businesses. In america, the federal magnuson moss warranty act protects your freedom to choose the brand of parts and lubricants you think is best. The magnuson moss warranty act is a federal law that governs the content and regulation of consumer product warranties. The magnuson moss warranty act makes it illegal for companies to void a warranty or deny coverage under the warranty because an aftermarket or recycled part was used.
Its a way of ensuring that consumers fully understand the warranties on the products they purchase, and it prevents deceptive warranty practices. The act encourages warranty competitiom the act promotes timely and complete performance of warranty obligations understanding the magnusonmoss w arranty act the magnusonmoss warranty act is the federal law that governs consumer product warranti. This act is designed to protect the rights of consumers and detail the obligations of warrantors that are offering written warranties with their consumer products. Defendant is a merchant with respect to motor vehicles.
Aug 15, 2017 the federal magnuson moss warranty act is the law that keeps manufacturers up at night, and rightfully so. What the act requires the magnuson moss warranty act is a consumer protection law enforced by the federal trade commission. The magnusonmoss act applies to limited warranties. The magnusonmoss warranty act a federal consumer product. The magnuson moss warranty act is a consumer protection law enforced by the federal trade. Consumers have the right, under magnuson moss, to pursue a case in court. Code chapter 50 consumer product warranties conspicuous disclosure of terms and conditions. Another portion of the magnuson moss act that often needs reinforcing surrounds aftermarket and recycled parts. General interest arbitration of magnusonmoss warranty. Oct 24, 2019 magnusonmoss warranty act of 1975 pdf 15 u. A guide to the pennsylvania lemon law and the federal. How the magnuson moss act affects your dealership warranties you need to know your obligations to the consumer and when you must honor their warranty in your auto dealership. Passed by congress in 1975, the act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.
This law applies to any product that you buy that does not perform as it should. In defines both the rights of consumers and the obligations of warrantors under written warranties. Rule 701 specifies the information that must appear written in a warranty on a consumer product. The manufacturer or dealer can, however, require consumers to use select parts if those parts are provided to consumers free of charge under the warranty. It also states the various duties and obligations of warrantors under product warranties. Magnuson moss warranty act protects the consumer under the federal government. Ftcs and better business bureaus handling of automobile warranty complaints hrd8957. Chapter 50 facing concern from the plague of complaints from consumers about warranties that do not live up to their promises, the johnson administration established a task force on appliance warranties and service, whose assignment was to study the problem and issue a report. Sep 24, 2018 what is the magnusonmoss warranty act.
Plaintiff incorporates by reference all of the above paragraphs of this complaint as though fully stated herein. The warrantors failure to allow the consumer to elect replacement or refund. The magnuson moss warranty act makes it illegal for companies to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part. Enacted in 1975, the federal statute governs warranties on consumer products. Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability.
To protect consumers, federal legislators passed the magnuson moss warranty act act in warranties are promises by sellers that the. The title is intended to provide consumers, at a glance, with a key to some of the important terms and conditions of a. Warranties, written or implied, cannot be conditioned on the consumers use of any article or service identi. The ftc defines an aftermarket part as a part manufactured by a company other than the original vehicle manufactureroriginal equipment manufacturer oem. The federal act requires warranties to be written in clear and easytounderstand. The federal magnuson moss warranty act is the law that keeps manufacturers up at night, and rightfully so. Furthermore, a manufacturer can only deny warranty coverage if it can demonstrate that a nonoriginal equipment part or related service caused a defect to occur in the original product.
Oct 02, 2019 magnusonmoss warranty act of 1975 pdf 15 u. The act requires manufacturers and sellers of consumer products to provide consumers with clear and detailed information about warranty coverage. Breaking down the magnusonmoss warranty act lexology. The federal act requires warranties to be written in clear and easytounderstand language and terms. The magnuson moss warranty act is federal law enacted in 1975 establishing warranty requirements. The magnuson moss warranty act, passed by congress in 1975, is the federal law that governs consumer product warranties. This act is designed to protect the rights of consumers and detail the obligations of warrantors that are offering written warranties with their consumer products the magnuson moss warranty act gives consumers considerable rights in dealing with manufacturers of lemon. Magnuson moss warranty act consumer practitioners often underappreciate the magnuson moss warranty act herein referred to as magnuson moss or the act. Implied warranty, even if there is no written warranty.
Warranty enforcement act, and the federal magnuson moss warranty act. P a g e 1 of 12 magnuson moss warranty act public law 93637 15 u. Jan 09, 2015 a comprehensive look at the pa lemon law and the federal magnuson moss warranty act, both of which provide 100% costfree legal help to distressed drivers with problematic vehicles. The michigan lemon law and the federal magnuson moss warranty act provide overlapping remedies to consumers who purchase defective vehicles, which may include replacement vehicles, refunds, reimbursement of repair costs, incidental expenses, and fee shifting. That this act enacting this chapter and sections 57a to 57c of this title, amending sections 45, 46, 49, 50, 52, 56, and 58 of this title, and enacting provisions set out as notes under sections 45, 56, 57a, and 57b of this title may be cited as the magnusonmoss warranty federal trade commission improvement act. Consumer purchasers of filters are sometimes told that an aftermarket brand of replacement filter cannot be used in the consumers vehicle during the warranty. The magnuson moss warranty act is the federal law that governs consumer product warranties. The magnuson moss warranty act creates a contractual right on the part of consumers. Magnusonmoss warranty act consumer practitioners often underappreciate the magnusonmoss warranty act herein referred to as magnusonmoss or the act. Magnuson groups warranty statement can be found by downloading the adobe acrobat pdf document. A limited written warranty may offer a remedy of repair, replacement or refund but it is not required. The magnuson moss warranty act is a component of the federal trade commission improvement act, and was passed in an effort to improve the adequacy of information available to consumers, to prevent deception, and improve competition it mandates disclosures designed to enhance consumer protection through awareness. If you encounter a repetitive nonconformity which begins after the 12 month12,000 mile window but occurs three or more times under an original, extended, or powertrain manufacturers warranty.
554 262 182 689 535 1167 375 1215 1458 1405 438 209 1282 217 714 1497 332 178 575 123 679 559 1294 476 750 617 1303 1228 838 1266 437 533 1047 113 1090 288 645 794 452