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.

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