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What is the Magnuson-Moss Act?
Also known as the Federal Lemon Law, the Magnuson-Moss Act stipulates that a manufacturer or other seller who warranties a product for consumers must "fully, clearly, and conspicuously" spell out the terms of a warranty and abide by rules designated by the Federal Trade Commission. If you want to look at these rules in more detail, they can be found at 16 C. F. R Part 700. They apply to consumer products that cost more than $15.
What are the warranty requirements under Magnuson-Moss?
A warrantor is required -- in the event that there is a malfunction, defect, or other problem that prevents a product from conforming with the warranty -- to do the following:
- Within a reasonable timeframe and without charging the customer, the warrantor must fix the product.
- Warrantor may not change the duration of any implied warranty on the vehicle.
- Warrantor cannot limit consequential damage for breach of the warranty (either expressed or implied) unless the warranty conspicuously states that there is a limitation or exclusion.
- If there is a malfunction or a defect, and the consumer has tried a reasonable number of times to get the problem fixed, the consumer may be able to choose either a free replacement of the product or a refund.
What remedies do consumers have under Magnuson-Moss?
The Act was designed to help consumers effectively and reasonably get remedies when a breach of warranty exists. It encourages parties to use alternative dispute resolution measures. If a manufacturer or other warrantor violates the Magnuson-Moss Act, consumers may seek redress in a Federal or State Court.
Are there limits to your rights according to the Magnuson-Moss Act?
Yes. The Act does not cover warranties for repairs or services. Also if the warrantor can show that a product was damaged by a consumer or damaged as a result of unreasonable use, the standards are waived.
Importantly, the Act does not prevent you from seeking remedy under state laws, such as the California Lemon Law (i.e., Song-Beverly and the Tanner Consumer Protection Act).
Where can you turn for Federal Lemon Law help?
The experienced attorneys at the Law Offices of Howard D. Silver can provide a free and no obligation consultation today. Phone us toll free at 1-866-49-LEMON, or e-mail us to schedule your consultation. We have demonstrated a 95% success rate with Lemon Law cases and we can organize an effective and timely strategy for you.