Magnuson-Moss Warranty Act

src: blog.partcycle.com

The Magnuson-Moss Warranty Act (P.L. 93-637) is the United States federal law (15 US, 2301 et seq. ). Stipulated in 1975, federal laws regulate guarantees on consumer products. The law does not require that any product be guaranteed (it may be sold "as is"), but if it does have warranties, the warranty must comply with this law. Laws are made to correct problems as a result of producers using refusal of warranties in an unfair or misleading manner.

Video Magnuson-Moss Warranty Act

Destination

According to a report from the House of Representatives accompanying the law (House Report No. 93-1197, 93d Cong 2d Sess.), The Magnuson-Moss Action is enacted by Congress in response to the widespread misuse of traders against express warranties and disclaimers. The legislative history shows that the purpose of such actions is to make assurances on consumer products easier to understand and workable and to provide the Federal Trade Commission with the means to better protect consumers.

The action was sponsored by Senator Warren G. Magnuson of Washington and US Representative John E. Moss of California, both Democrats, and Senator Frank Moss of Utah, who sponsored with Magnuson.

This law is remedial and is intended to protect consumers from fraudulent guarantee practices. Consumer products are not required to have collateral, but if something is given, it must comply with the Magnuson-Moss Act.

Maps Magnuson-Moss Warranty Act

Definitions used

The Magnuson-Moss Act contains many definitions:

• "Consumer" is the buyer of consumer goods for personal use. Buyers of consumer products for resale are not consumers.
• "Supplier" means any person engaged in the business of making consumer products directly or indirectly available to consumers.
• "Guarantor" means any supplier or other person providing or offering written or implied warranties under an implied warranty.
• "Consumer products" are generally real personal items for sale and are typically used for personal, family, or household purposes. It is important to note that determining whether an item is a consumer product requires factual findings, on a case-by-case basis. Najran Co. for Commercial and Trade Contracts v. Fleetwood Enterprises, Inc. , 659 F. Supp. 1081 (S.D. Ga. 1986).
• "Written warranties" (also called express warranties) are written promises made in connection with the sale of consumer products by the supplier to consumers relating to the material and/or workmanship and which affirms that the product is defect-free or will meet certain performance standards certain time.
• "implied warranty" is defined under state law. The Magnuson-Moss Act only provides restrictions on rejection and provides a cure for their offense.
• Appointment:
  • "Full warranty" is the one that meets federal minimum standards for warranties. Such guarantees should be "explicitly defined" as a full guarantee. If each of the following five statements is true about the terms and conditions of the warranty, it is a "full" guarantee:
    • There is no limit to the duration of the implied warranty.
    • The warranty service is provided to anyone who has the product during the warranty period; ie, coverage is not limited to the first buyer.
    • The warranty service is provided free of charge, including fees such as returning the product or removing and reinstalling the product when necessary.
    • There is provided, at customer's option, either a replacement or a full refund if, after a reasonable amount of attempts, warrants can not fix the product.
    • No customer is required to perform any task as a prerequisite for accepting services, except to notify that a service is required unless it can indicate that the assignment is reasonable.
  • "Limited warranty" is one that does not meet the federal minimum. Such guarantees should be "explicitly defined" as limited guarantees.
• "Multiple warranty" is full and partly limited.
• "Service contracts" differ from warranty because service contracts do not affirm the quality or workmanship of consumer products. Service contract is a written instrument in which the supplier agrees to perform, during a fixed period or for a specified period of time, services related to maintenance or repair, or both, of consumer products. Agreements that meet the definition of service contract law, but are sold and regulated under state law as insurance contracts, are not covered by the provisions of the Act.
• Disclaimer or Limitation of Implied Insurance when a service contract is sold:

Sellers of consumer products that make service contracts on their products are prohibited from acting from denying or limiting implied warranties. Sellers that extend written warranties on consumer products can not release implied warranties, regardless of whether they make service contracts on their products. However, sellers of consumer products that only sell service contracts as agents of service contracting companies and do not themselves extend the written warranty may deny implied warranties on the products they sell.

src: slideplayer.com

Requirements

Any warrant which guarantees consumer products to consumers with written warranties must disclose, in a complete and conspicuous manner, in simple and understandable language, warranty terms and conditions to the extent required by Federal Trade Commission rules. The FTC has enacted regulations governing disclosure of terms and conditions of consumer product warranties written on consumer products that actually cost consumers more than $ 5. Rules can be found at 16 C.F.R. Section 700.

Under the terms of the Act, the ambiguous statement in the warranty is interpreted against the concept of warranty.

Likewise, service contracts must be fully, clearly, and prominently disclose their terms and conditions in a simple and easy-to-understand language.

Guarantor must not require only branded parts used with the product to maintain the warranty. These are commonly referred to as "tie sales" provisions and are often mentioned in the context of third-party computer components, such as memory and hard drives.

Full Warranty Terms

Under full warranty, in case of defects, malfunctions, or failure to comply with a written warranty, warrant:

• can improve consumer products within a reasonable and no cost time;
• must not impose any restrictions on the duration of any implied warranty on the product;
• shall not exclude or limit the consequential damages of any written or implied warranty infringement on the product unless exceptions or limitations appear prominently in the presence of the warranty; and
• if the product, or component component, contains defects or malfunctions, it shall permit the consumer to choose a refund or replacement at no cost, after a reasonable amount of remedial action.

In addition, warrants should not impose any obligation, in addition to notices, to any consumer, as a condition to secure the repair of any consumer product that is malfunctioning, defective, or incompatible with a written warranty. However, warrants may require consumers to return defective items to their purchases for repair.

src: blog.partcycle.com

Limitations

The Magnuson-Moss Warranty Act does not invalidate or limit any rights or attempts of any consumer under other federal laws, nor does it act in place of the Federal Trade Commission Act as it relates to antitrust action.

The act does not invalidate or limit any right or endeavor by any consumer under state law. This action is not a dominant rule of consumer product warranty, and while it regulates certain disclosures and limits certain restrictions on warranties, it leaves other warranty legislation untouched.

Although this law includes guarantees for repair or replacement of parts in consumer products, warranties for service for repairs are not covered.

Federal minimum standards for full warranties are waived if warrants can indicate that issues related to a consumer's product are guaranteed to be caused by damage when in the possession of the consumer, or by unreasonable use, including failure to provide reasonable and necessary maintenance.

src: images.slideplayer.com

Remedies under the Act

This action is intended to give consumers access to a reasonable and effective recovery where there is a breach of warranties on consumer products. This law regulates procedures for resolving informal disputes and actions taken by governments and by private parties.

The FTC has been mandated by Congress to announce rules to encourage the use of alternative dispute resolution, and full guarantee may require mediation and/or arbitration as the first step towards settling disputes.

In addition, the federal government has the authority to take legal action against suppliers or guarantor failing to comply with statutory requirements.

Finally, consumers can seek redress in court over alleged violations of the Magnuson-Moss Act. A consumer who has been injured by supplier noncompliance may file an act in federal court if the amount in controversy is greater than $ 50,000 or a class action if the number of class plaintiffs is greater than 100. If the number of jurisdictions, or the number of plaintiffs, does not meet this threshold, under the law can only be filed in state courts. In addition, one key to aid for action effectiveness is that the applicable plaintiff can recover reasonable lawsuit charges, including attorney's fees.

src: images.slideplayer.com

See also

• Special Equipment Market Association
• Warranty claim
• Lemon Law
• Electronics are right for fixing

src: veroimport.com

Source

• American jurisprudence, second
• Federal Trade Commission
• 15 US. 2301 et seq.
• 16 Federal Regulatory Code 700
• House Report No. 93-1606, 93d Cong 2d Sess.
• Davis v. South Energy House, Inc. 305 F.3d 1268 (11th Cir. 2002).
• Richardson v. Palm Harbor Homes, Inc. , 254 F.3d 1321, 45 U.C.C. Rep. Serv. 2d 56 (11th Cir. 2001).
• Najran Co. for Commercial and Trade Contracts v. Fleetwood Enterprises, Inc. , 659 F. Supp. 1081 (S.D. Ga. 1986).

src: images.slideplayer.com

References

src: media1.forthepeople.com

External links

• Legal text (one page can be printed version).
• Businessperson Guidelines for Federal Warranties, from ftc.gov
• American Law Encyclopedia: Magnuson-Moss Warranty Act
• John E. Moss Foundation
• Magnuson Moss Guarantee Act: A hidden gem that most consumers do not know about

Source of the article : Wikipedia