15 U.S. Code Chapter 50 – CONSUMER PRODUCT WARRANTIES conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty. To protect consumers, federal legislators passed the Magnuson-Moss Warranty Act (Act) in Warranties are promises by sellers that the. The Magnuson-Moss Warranty Act a federal law that governs consumer product warranties. Passed by Congress in , the Act requires manufacturers and.
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Consumers are often victims of fraud or misrepresentation in the quality of consumer personal, family or household goods and in how they are intended to perform.
15 U.S. Code Chapter 50 – CONSUMER PRODUCT WARRANTIES
Warranties are promises by sellers that the material or workmanship is defect free or meets a certain level of performance over a certain time. If not, the seller promises to repair or replace the product or provide a refund.
Congress wanted to encourage sellers to provide written warranties to assure consumers and to foster competition for the best products. Although sellers are not required to provide written warranties, many consumers will be skeptical of products that do not have one. Further, Congress wanted all parties to have a quicker and less costly method of resolving disputes and to allow consumers an easier path to a remedy for breach of warranty lawsuits in the courts.
If a company does provide a written warranty, it must comply with the Act. There are 3 basic requirements:. Designate the warranty as limited or full 2. State certain specified information in language that is comprehensive but clear and easy to wardanty and understand 3. Ensure that warranties are available for consumers to read before buying the product in stores where the products are sold.
The Act makes deceptive language inapplicable such as promising maintenance or repair service where none is given or which the seller had no watranty of providing. The Act does not apply to products sold for commercial purposes or for re-sale. Any written warranty cannot modify an implied warranty, which applies to all consumer products.
For instance, an implied warranty of merchantability assures that the product is guaranteed to work for its intended purposes.
Warranyy warranties may not be time restricted or limited. Tie-in sale provisions are not permitted. These are clauses wherein the seller requires that you buy an additional item to be used with the subject product or that it only be serviced by its own factories or else the warranty is voided.
It can state that its warranty manguson-moss not cover repairs poorly done at facilities other than its own.
Magnuson Moss Warranty Act Law and Legal Definition | USLegal, Inc.
A seller can also use a tie-in provision so long as it first convinces the Federal Trade Commission FTC that a tie-in product is necessary to the proper performance of the product. The Act makes it easier for consumers to seek remedies.
However, a seller can require arbitration or other informal resolution measures before a lawsuit may be filed.
If mafnuson-moss informal resolution is achieved, the consumer may then file for breach of warranty in federal or state court though major cases are often brought as federal class action lawsuits. The FTC has a Dispute Resolution Rule comprising of certain criteria if a seller has an informal dispute mechanism such as arbitration.
Magnuson Moss Warranty-Federal Trade Commission Improvements Act | Federal Trade Commission
The arbitration entity must adhere to the following:. Call us at for a free consultation. There are 3 basic requirements: Ensure that warranties are available for consumers to read before buying the product in stores where the products are sold A warrantor must also describe: Disclaimers and Modifications The Act warrranty not apply to products sold for commercial purposes or for re-sale.
Tie-In Sales not Permitted Tie-in sale provisions are not permitted.
Remedies The Act makes it easier for consumers to seek remedies. The arbitration entity must adhere to the following: