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The Magnuson-Moss Warranty Act Lemon Law - When the Dealer Can't Fix It

Magnuson-Moss Warranty Act Attorney in Jackson

Informed Legal Guidance Throughout Mississippi & Louisiana

The Magnuson-Moss Warranty Act can protect buyers without state lemon law protection. The Magnuson-Moss Warranty Act is an important part of the experienced lawyer’s consumer protection toolbox.

If you have a question about your non-conforming product, please call (888) 459-4333 or contact us online to schedule your free case review and consultation.

What is the Magnuson-Moss Warranty Act?

Passed by Congress in 1975, the Magnuson-Moss Warranty Act is federal law relevant to consumer product warranties. It stipulates that consumers be provided with detailed information about warranty coverage by the manufacturers and sellers of consumer products.

The Act established three basic requirements that may apply to your transaction:

  • A warrantor must designate, or title, its written warranty as either “full” or “limited.”
  • A warrantor must state certain specified information about the coverage of your warranty in a single, clear, and easy-to read document.
  • A warrantor or a seller must ensure that warranties are available where your warranted consumer products are sold so consumers can read them before buying.

The titling requirement, established by the Act, applies to all written warranties on consumer products costing more than $10. However, the disclosure and pre-sale availability requirements, established by FTC Rules, apply to all written warranties on consumer products costing more than $15.

There are three prohibitions under the Magnuson-Moss Act. They involve implied warranties, so-called “tie-in sales” provisions, and deceptive or misleading warranty terms.

Disclaimer or Modification of Implied Warranties

The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written warranty is, customers always will receive the basic protection of the implied warranty of merchantability.

There is one permissible modification of implied warranties, however. If the manufacturer offers a “limited” written warranty, the law allows it to include a provision that restricts the duration of implied warranties to the duration of your limited warranty.

If you buy a consumer product that comes with a written warranty from its manufacturer that does not warrant the product in writing, the seller can disclaim any implied warranties. But, regardless of whether they warrant the products they sell, a seller must give its customers copies of any written warranties from product manufacturers.

Consumer Lawsuits

The Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law and allowing consumers to recover court costs and reasonable attorney’ fees. This means that if you lose a lawsuit for breach of either a written or an implied warranty, you may have to pay the customer’s costs for bringing the suit, including lawyer’s fees.

Because of the stringent federal jurisdictional requirements under the Act, most Magnuson-Moss lawsuits are brought in state court. However, major cases involving many consumers can be brought in federal court as class action suits under the Act.

The manufacturers have experienced employees and attorney to guide them through this process. One way to protect your consumer rights is to consult an attorney with experience representing owners of defective vehicles and other products.

For a free claim evaluation and to schedule a personal consultation, please call (888) 459-4333.

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