The Magnuson Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law that governs and monitors consumer product
warranties. This Act is designed to affect both the rights of consumers and the obligations of
warrantors that are offering written warranties.
The Magnuson-Moss Warranty Act gives consumers considerable rights in dealing with
manufacturers of “lemon” products. The buyer is guaranteed that certain minimum requirements of
warranties must be met, and provides for disclosure of warranties before purchase.
Law firms representing manufacturers have in the past argued successfully to juries that the
lemon manufacturers should be given three attempts to fix the defect. Continued attempts to
repair beyond the initial three should not be allowed. This is popularly called the "three strikes
and you're out" principle.
A consumer may pursue legal action in any court of general jurisdiction in the United States
to enforce their rights under the Magnuson-Moss Warranty Act.
The Act and the Rules establish three basic requirements that apply to a seller or a warrantor:
What the Magnuson-Moss Warranty Act Requires
- As a warrantor, you must designate, or title, your written warranty as either "full" or "limited."
- As a warrantor you may not disclaim implied warranties that arise as a matter of law if you enter into
a warranty or service contract with the consumer. As a warrantor, you must also take all necessary
measures to live up to your warranty and are only allowed a “reasonable” opportunity to cure. Should
a warrantor fail to repair or take other necessary measures as required by its warranty after being
afforded a reasonable opportunity to do so, the warrantor may be liable for monetary damages, refund,
replacement, and attorneys’ fees and costs.
- As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer
products are sold so that consumers can read them before buying.
How does the Magnuson-Moss Warranty Act help Consumers?
Although the Act does not require a manufacturer to provide purchasers with a warranty as explained above,
if a warranty was provided, the Act provides various protections for the consumer by making it easier for
consumers who purchased lemon products to bring a claim against the manufacturer for breach of warranty,
which is a violation of federal law. It also allows consumers to recover court costs and reasonable
attorneys' fees.
The Krohn & Moss Consumer Law Center®can represent your rights under the Magnuson-Moss Warranty Act. It is our goal
to provide legal services to consumers utilizing the laws that provide for payment of our attorneys’ fees
by the manufacturer or defendant. Thus our clients do not pay attorneys’ fees, only minimal court costs and
filing fees.
Contact us for a free case review if you would like to see if you qualify under The Magnuson-Moss Warranty Act.
You can Contact the Krohn & Moss Consumer Law Center® by calling
our toll free telephone number
1-800-US-LEMON (1-800-875-3666),
emailing us at queries@consumerlawcenter.com,
or completing our Free Lemon Law Case Review.
We will attempt to quickly resolve your claim with the manufacturer at no cost to you.