Your Warranty Rights Under Federal Law

The Magnuson-Moss Warranty Act is a federal law enacted in 1975 that governs warranties on consumer products. The law was created to make warranties easier to understand and enforce, and to protect consumers from deceptive warranty practices.

Key protections:

• Warranties must be written in clear, easy-to-understand language
• Warranties must be available before purchase
• Manufacturers cannot disclaim implied warranties if they offer written warranties
• Manufacturers cannot require branded parts or service to maintain warranty
• Consumers can sue for breach of warranty and recover attorney's fees

What Magnuson-Moss covers:

• Written warranties on consumer products costing more than $15
• Products purchased for personal, family, or household use
• Both full and limited warranties

What it does NOT cover:

• Service warranties (only product warranties)
• Products bought for commercial or business use
• Oral warranties (only written warranties)

What Is an Express Warranty?

An express warranty is a specific promise or guarantee made by the manufacturer or seller about a product:

Express warranties can be:

• Written: Warranty booklet, product packaging, owner's manual
• Oral: Salesperson's statements about the product (harder to prove but legally binding)
• Advertising: Claims made in ads about product performance or quality
• Product descriptions: Specifications or features listed in catalog, website, packaging
• Product samples or models: If shown sample, actual product should match

You don't need magic words: A warranty exists if the seller makes a statement of fact or promise about the product that you rely on when purchasing. Doesn't have to say "warranty" or "guarantee."

What Creates an Express Warranty

Affirmations of fact:

• "This paint will last 10 years without fading"
• "This car gets 35 mpg highway"
• "100% pure cotton"
• "Water resistant to 100 feet"

Promises about the product:

• "We'll repair or replace any defects for one year"
• "Lifetime warranty against manufacturing defects"
• "Satisfaction guaranteed"

Descriptions of the product:

• Technical specifications (horsepower, battery life, capacity)
• Materials (leather, hardwood, stainless steel)
• Features (Bluetooth enabled, dishwasher safe, etc.)

What is NOT an express warranty:

• Puffery: "Best quality," "finest materials," "superior performance" (too vague)
• Opinions: "I think you'll love it," "Should last a long time"
• Seller's opinion of value: "Great deal," "Worth every penny"

Reading a Written Warranty

Written warranties must include specific information:

Required information:

• What is covered: Which parts, components, or defects
• What is NOT covered: Exclusions and limitations
• How long coverage lasts: Specific time period or conditions
• What the warrantor will do: Repair, replace, refund
• How to get service: Where to take product, how to make claim
• How state law applies: Statement that you have legal rights beyond the warranty
• Dispute resolution: Arbitration or other procedures (if required before lawsuit)

Red flags in warranties:

• Very short warranty period (30 days or less) on expensive items
• Excessive exclusions (warranty doesn't cover much)
• Vague terms ("we may repair or replace at our discretion")
• Mandatory arbitration clauses
• Requirements that void warranty easily (specific cleaning products, professional service, etc.)

What Are Implied Warranties?

Implied warranties are unwritten, automatic guarantees that all products carry under state law. These exist even if there's no written warranty:

Key concept: When you buy something, the law assumes certain basic promises are being made, even if not explicitly stated. These "implied" warranties protect you.

Implied Warranty of Merchantability

The most important implied warranty. Means the product must:

• Be fit for the ordinary purposes for which such goods are used
• Pass without objection in the trade under the contract description
• Be of fair average quality
• Be adequately packaged and labeled
• Conform to any promises or claims made on the label

In plain English: The product must work for its normal, intended purpose. A toaster must toast bread. A car must drive. A washing machine must wash clothes.

Real examples:

• Refrigerator that doesn't keep food cold breaches implied warranty
• Shoes that fall apart after one week breach implied warranty
• Electronics that don't power on breach implied warranty
• Furniture that collapses under normal use breaches implied warranty

Applies to:

• New and used products (though "merchantability" for used items considers age and price)
• All sellers who regularly deal in such goods (not private party sales)
• All consumer products

Implied Warranty of Fitness for a Particular Purpose

If you rely on the seller's expertise to select a product for a specific purpose, the product must be suitable for that purpose:

When it applies:

• You tell seller you need product for specific purpose
• Seller knows about the specific purpose
• You rely on seller's skill or judgment to select the product
• Seller recommends specific product

Real examples:

• You tell paint store you need exterior paint for harsh climate. They recommend specific paint. Paint must withstand that climate.
• You tell hardware store you need drill for concrete. They recommend specific drill. Drill must work on concrete.
• You explain medical condition to pharmacist, who recommends over-the-counter medication. Medication must be suitable for that condition.

Key difference from merchantability:

• Merchantability = product works for normal use
• Fitness for particular purpose = product works for your specific, stated use

Can Implied Warranties Be Disclaimed?

Generally, NO for consumer products (thanks to Magnuson-Moss):

• If manufacturer or seller provides written warranty, they CANNOT disclaim implied warranties
• Can only limit duration of implied warranties to duration of written warranty (if written warranty is reasonable length)
• Limitation must be conspicuous, in writing, and clearly stated

If NO written warranty exists:

• Seller MAY be able to disclaim implied warranties under state law
• Requires conspicuous language like "AS IS" or "WITH ALL FAULTS"
• Many states limit ability to disclaim implied warranties for consumer goods
• Even "as is" sales may not disclaim implied warranties in some states

State law variations:

• Some states prohibit disclaimer of implied warranties for consumer goods
• Some limit disclaimers to specific products or circumstances
• Check your state Attorney General for specific rules

How Long Do Implied Warranties Last?

Varies by state, typically:

• If written warranty exists: Implied warranty lasts at least as long as written warranty
• If no written warranty: Implied warranty lasts "reasonable time" based on product type and price
• Expensive products = longer implied warranty period
• Products expected to last long time = longer period

Typical reasonable periods:

• Major appliances: 5-10 years
• Electronics: 2-5 years
• Clothing/shoes: 1-2 years
• Furniture: 5-10+ years
• Automobiles: Varies by state lemon laws

Magnuson-Moss Classifications

Written warranties on products costing more than $15 must be labeled as either "full" or "limited":

Full Warranty

Provides strongest protection. Must meet federal minimum standards:

Requirements for "full warranty" designation:

• Free repair or replacement: Defective product will be fixed or replaced at no charge
• No unreasonable duties: Can't require you to do anything unreasonable to get service (can't require shipping 100-pound item across country at your expense)
• Reasonable time for repairs: Must fix within reasonable time
• No limit on number of repair attempts: But after reasonable number of failed attempts, must offer replacement or refund
• Refund or replacement: If can't fix after reasonable attempts, consumer chooses refund or replacement
• No pro-rating: Can't reduce coverage based on time (unless stated as "Full 5-year warranty")
• Applies to subsequent owners: Warranty transfers if product sold (unless stated as "Full warranty for first purchaser only")

Example full warranty language:

"Full One-Year Warranty: We will repair or replace this product free of charge if it proves defective in materials or workmanship within one year of purchase. If we cannot repair it after a reasonable number of attempts, you may choose a replacement or full refund."

Limited Warranty

Anything that doesn't meet all requirements for full warranty:

Common limitations:

• Coverage limited to certain parts: "Warranted only against defects in motor"
• Pro-rated coverage: Warranty value decreases over time
• Labor not covered: Free parts but you pay for installation/repair labor
• Requires you to pay costs: Shipping, handling, service call charges
• Repair only, no replacement: Won't replace even if can't be fixed
• First purchaser only: Doesn't transfer to subsequent owners
• No refunds: Repair or replacement only

Limited warranties are still valuable:

• Provide more protection than no warranty
• Cover specific defects or parts
• You still have implied warranty protection
• Better than nothing, just not as comprehensive as full warranty

Example limited warranty language:

"Limited 90-Day Warranty: We will repair or replace defective parts for 90 days from purchase. This warranty covers parts only; customer is responsible for labor, shipping, and service charges. Warranty valid for original purchaser only."

Comparing Full and Limited Warranties

Typically Covered

Manufacturing defects:

• Product doesn't work due to defect in materials or workmanship
• Parts fail under normal use
• Product doesn't meet specifications
• Covers defects that exist at time of purchase (even if discovered later)

Example covered issues:

• Appliance motor burns out after 1 month of normal use
• Seams on clothing split after first washing
• Electronics have faulty circuit board
• Furniture joints come apart
• Paint peels off product surface

Typically NOT Covered

Normal wear and tear:

• Gradual deterioration from regular use
• Tires wearing down from driving
• Carpet wearing thin from foot traffic
• Batteries losing capacity over time

Misuse or abuse:

• Using product in ways not intended
• Failing to maintain properly
• Accidental damage
• Neglect

Common warranty exclusions:

• Cosmetic damage: Scratches, dents that don't affect function
• Consumables: Batteries, light bulbs, filters
• Unauthorized repairs: Damage from non-authorized service
• Commercial use: Using consumer product in business setting
• Acts of God: Lightning, flood, earthquake damage
• Lost or stolen: Warranty doesn't cover theft or loss

Consequential Damages

What are consequential damages?

• Additional losses caused by defective product
• Beyond the product itself

Examples:

• Defective washing machine floods basement, causing $5,000 water damage
• Defective car breaks down, causing you to miss work and lose wages
• Defective refrigerator stops working, spoiling $300 worth of food
• Defective product injures you, causing medical bills

Coverage of consequential damages:

• Many warranties exclude consequential damages
• This exclusion is legal in most states
• HOWEVER: Some states prohibit excluding consequential damages for consumer products
• Even if warranty excludes them, you may be able to sue under other theories (negligence, strict liability)

Pre-Sale Availability

Warranties must be available BEFORE purchase:

For products sold in stores:

• Warranty must be displayed near product, OR
• Clearly visible sign tells you warranty is available, OR
• Warranty available in binder for customer review

For catalog/online sales:

• Full text of warranty must be available on website, OR
• Website must provide address/phone to get warranty text before purchase
• Catalog must include warranty text or tell you how to get it

Why this matters: You have right to review warranty terms before deciding whether to buy. Don't buy expensive items without seeing warranty first.

Written in Clear Language

Warranties must be:

• Easy to read and understand
• Simple, commonly understood words
• Short sentences and paragraphs
• Clear format with headings

No legal jargon: While some legal terms may be necessary, overall warranty should be understandable to average consumer.

Required Warranty Disclosures

Every written warranty must identify:

1. Products covered: Exactly which products or parts are covered
2. What warrantor will do: Repair, replace, refund - and specifically what
3. Who's covered: Original purchaser only or subsequent owners too
4. Time period: How long warranty lasts
5. What's NOT covered: Exclusions and limitations
6. How to get service: Procedures for making warranty claims
7. State law rights: Statement that you have legal rights beyond the warranty
8. Informal dispute resolution: If available or required

Standard language you'll see:

"This warranty gives you specific legal rights, and you may also have other rights which vary from state to state."

How to Make a Warranty Claim

Step 1: Review the warranty

• Find warranty documentation (owner's manual, separate warranty booklet, receipt)
• Check what's covered and how long coverage lasts
• Note procedure for making claims
• Confirm you're still within warranty period

Step 2: Gather documentation

• Proof of purchase (receipt, invoice, credit card statement)
• Warranty document
• Product serial number and model number
• Photos or videos showing the defect
• Description of problem and when it started

Step 3: Contact warrantor

• Follow procedure in warranty (may need to contact manufacturer, retailer, or service center)
• Call customer service number in warranty
• Explain problem clearly and calmly
• State you're making warranty claim
• Get claim number and representative's name

Step 4: Follow up in writing

• Send written claim letter via certified mail
• Include all documentation copies
• State what remedy you want (repair, replacement, refund)
• Keep copies of everything

Step 5: Be persistent

• Follow up if you don't hear back in reasonable time (typically 10-14 days)
• Keep records of all communications
• Escalate to supervisor or corporate if needed

Warranty Claim Letter Template

Common Warranty Claim Issues

"We need to inspect the product first"

• Reasonable request for many products
• Warranty should explain inspection procedure
• They should pay shipping if product is large/heavy
• Get tracking number when shipping for inspection

"You need to ship it to our service center"

• Common requirement
• Under full warranty, they must pay shipping if unreasonable burden
• Under limited warranty, you may pay shipping
• Always insure shipment and get tracking

"We'll repair it but you pay labor"

• Legal under limited warranty if disclosed
• NOT allowed under full warranty
• Check warranty terms

"You voided the warranty by [using wrong oil/cleaning product/etc.]"

• See "Tie-In Sales Prohibited" section below
• Usually ILLEGAL to require specific brands to maintain warranty
• Can only void warranty if your action actually caused the defect

Common Reasons for Denial

1. "Outside warranty period"

• Check warranty start date (purchase date or delivery date?)
• You still have implied warranty protection even if written warranty expired
• If defect existed during warranty period but you just discovered it, may still be covered

2. "Not covered under warranty terms"

• Review warranty exclusions carefully
• If defect should be covered, challenge denial
• Remember: implied warranty may cover issues express warranty doesn't

3. "Caused by misuse or abuse"

• Burden is on manufacturer to prove misuse
• Normal use is covered even if product failed quickly
• If you used product as intended, dispute misuse claim

4. "You didn't maintain it properly"

• Only valid if warranty requires specific maintenance AND you didn't do it AND that caused the defect
• Cannot require branded products for maintenance (see Tie-In Sales below)
• Must be reasonable maintenance requirements

5. "Unauthorized repairs void warranty"

• Generally cannot void entire warranty for unauthorized repairs
• Can only void warranty for parts affected by unauthorized repair
• If defect unrelated to your repair, still covered

Steps to Take When Claim Denied

1. Get denial in writing

• Request written explanation of why claim was denied
• Ask for specific warranty provision they're relying on
• Get details of their inspection or determination

2. Review denial carefully

• Is their reasoning valid under warranty terms?
• Did they correctly interpret warranty?
• Do you have evidence contradicting their claims?

3. Respond with facts

• Write detailed response explaining why denial is incorrect
• Provide additional evidence
• Cite specific warranty language
• Reference Magnuson-Moss Act if applicable
• Reference state consumer protection laws

4. Escalate within company

• Ask for supervisor or manager
• Contact corporate customer service
• Reach out on social media (companies respond to public complaints)
• File complaint with Better Business Bureau

5. Use informal dispute resolution (if available)

• Some warranties require or offer arbitration or mediation
• Check warranty for dispute resolution procedures
• Usually free or low-cost
• Faster than court

6. File complaints

• State Attorney General consumer protection division
• Federal Trade Commission
• Better Business Bureau
• Creates regulatory pressure

7. Consider legal action

• Small claims court for products under small claims limit ($2,500-$10,000 depending on state)
• Consult attorney for higher-value items
• Magnuson-Moss allows recovery of attorney's fees if you win
• Makes it economical to sue even for moderate amounts

You Can't Be Required to Use Specific Brands

One of the most important Magnuson-Moss protections: Manufacturers generally CANNOT require you to use their brand of parts, accessories, or service to maintain warranty coverage.

What this means:

• Car warranty cannot require you use dealer for oil changes
• Can use any oil that meets specifications in owner's manual
• Can use independent mechanics
• Printer warranty cannot require use of brand-name ink cartridges
• Appliance warranty cannot require brand-name filters or parts

Exceptions to Tie-In Prohibition

Manufacturers CAN require specific parts/service only if:

1. They provide the parts/service for FREE

• If manufacturer provides free replacement parts or free service during warranty period
• Then they can require you use those free parts/services
• Example: "Free scheduled maintenance must be performed by dealer"

2. They get FTC waiver

• Very rare
• Manufacturer must prove specific parts/service necessary
• Almost never granted

What You Need to Know

Burden of proof is on manufacturer:

• If they claim your use of third-party parts/service voided warranty
• They must prove that specific part/service caused the defect
• Can't void entire warranty just because you used generic ink, oil, filters, etc.

Real example:

• You use third-party ink in printer
• Printer's printhead fails
• Manufacturer cannot deny warranty claim unless they prove third-party ink caused printhead failure
• If printhead failed due to manufacturing defect, claim must be honored

Document what you use:

• Keep receipts for oil, filters, parts you purchase
• Show products meet manufacturer's specifications
• Proves you maintained product properly with appropriate (even if not branded) products

What to Do If Warranty Voided for Using Third-Party Products

Step 1: Challenge the denial

• Cite Magnuson-Moss Warranty Act Section 102(c)
• State that manufacturer cannot void warranty for use of third-party products
• Demand proof that third-party product caused the specific defect

Step 2: Escalate

• If customer service won't budge, escalate to corporate
• File FTC complaint (FTC enforces Magnuson-Moss)
• File state Attorney General complaint

Step 3: Legal action

• Tie-in violations are clear violations of federal law
• Good cases for small claims or attorney representation
• Can recover attorney's fees under Magnuson-Moss

What Are Extended Warranties?

Extended warranties (also called "service contracts") are optional plans you can purchase to extend coverage beyond manufacturer's warranty:

Typically offered:

• At time of purchase ("Would you like extended coverage?")
• For electronics, appliances, automobiles, furniture
• Sold by retailers, manufacturers, or third parties
• Cost typically 10-50% of product price

Are Extended Warranties Worth It?

Generally NO, for most consumers:

Why extended warranties usually aren't worth it:

• Products rarely break during extended warranty period (most defects appear early)
• Repair costs often less than extended warranty price
• You already have implied warranty protection
• Many credit cards offer extended warranty benefits for free
• High markup - retailer makes 50%+ profit on extended warranties
• Difficult to file claims, many exclusions
• Company may go out of business before you need coverage

When extended warranties might make sense:

• Very expensive electronics you use heavily (commercial-grade laptop)
• Products with high repair costs (large appliances in remote areas)
• If you're hard on equipment
• If warranty includes accidental damage coverage

Extended Warranty Fine Print

If you do buy extended warranty, watch for:

Common exclusions:

• Pre-existing conditions (defects that existed before you bought warranty)
• Normal wear and tear
• Cosmetic damage
• Batteries, consumables
• Damage from neglect or misuse

Hidden costs:

• Deductibles per claim
• Service call charges
• Shipping costs
• Claim limits (max per year or per contract)

Service issues:

• Must use authorized service centers (may be far away)
• Replacement with "comparable" product (may be refurbished or lesser model)
• Long wait times for service

Your Rights with Extended Warranties

Cancellation rights:

• Many states require 30-60 day cancellation period
• Full refund if cancelled within period and no claims filed
• Pro-rated refund if cancelled later
• Check state law and contract terms

Transfer rights:

• Some extended warranties transfer to new owner if you sell product
• May increase resale value
• Check transfer terms

If company goes out of business:

• Some states require warranty companies to be bonded or insured
• Check if any recourse through state insurance department
• Another reason to be cautious about extended warranties

What Are Lemon Laws?

Lemon laws are state laws providing special protections for vehicles (and sometimes other products) with serious defects that can't be repaired:

Coverage:

• All 50 states have lemon laws for new vehicles
• Many states extend to used vehicles (usually with warranty)
• Some states cover motorcycles, RVs, boats
• Some states cover wheelchairs, major appliances

New Car Lemon Laws

While specifics vary by state, typical lemon law protections:

When vehicle is a "lemon":

• Serious defect: Problem that substantially impairs use, value, or safety
• Reasonable repair attempts: Usually 3-4 attempts to fix same problem, OR
• Out of service time: Vehicle out of service 30+ days (cumulative) for repairs, OR
• Dangerous defect: 1-2 attempts to fix safety defect
• Within coverage period: Usually first 12-24 months or 12,000-18,000 miles

Remedies:

• Replacement: Manufacturer provides comparable new vehicle
• Refund: Manufacturer refunds purchase price minus reasonable use allowance
• Manufacturer pays your attorney's fees if you win

What counts as "reasonable repair attempts":

• Varies by state (typically 3-4 attempts)
• Must be for same problem
• Must occur during warranty period
• Final attempt often must be made before filing lemon law claim

How to Document Lemon Law Claim

Critical: Keep detailed records

For each repair visit:

• Date vehicle dropped off and picked up
• Description of problem you reported
• Copy of repair order/invoice
• What repair shop did (or didn't do)
• Whether problem was fixed (it usually isn't for lemon law cases)
• Current mileage

Other documentation:

• Purchase contract and financing papers
• Warranty information
• All correspondence with dealer or manufacturer
• Photos or videos of problem (if visible)
• Records of rental cars needed while vehicle was in shop

Lemon Law Process

Step 1: Give manufacturer final chance to repair

• Most states require final repair attempt
• Send written notice to manufacturer (not just dealer)
• Describe problem and repair history
• Request final repair opportunity
• Send certified mail

Step 2: File lemon law claim

• If final repair fails (or manufacturer doesn't respond)
• File claim with manufacturer's arbitration program, OR
• File claim through state-run arbitration program, OR
• Hire attorney and file lawsuit

Step 3: Arbitration

• Most states require arbitration before lawsuit
• Usually free
• Present evidence: repair orders, testimony, expert reports
• Arbitrator decides if vehicle is lemon
• Decision typically within 40-60 days

Step 4: If you win

• Choose replacement or refund
• Manufacturer must comply within reasonable time
• If manufacturer doesn't comply, you can sue

Step 5: If you lose arbitration

• You can still sue (arbitration decision usually not binding on you)
• Consult lemon law attorney
• Many lemon law attorneys work on contingency
• Manufacturer pays your attorney's fees if you win in court

Used Car Lemon Laws

Some states have lemon laws covering used vehicles:

Typical requirements:

• Vehicle under certain age (typically 3-7 years old)
• Under certain mileage (typically 18,000-100,000 miles)
• Purchased from dealer (not private party)
• Sold with warranty (even dealer's 30-day warranty)

Coverage varies significantly:

• Some states: Full lemon law protection like new cars
• Some states: Limited warranty period (30-90 days)
• Some states: No used car lemon law
• Check your state Attorney General for specifics

States with Strong Lemon Laws

California:

• Covers new and used vehicles with manufacturer's warranty
• 4 repair attempts for same problem, OR 30 days out of service
• Covers serious safety defects after 2 repair attempts
• Refund includes sales tax, registration, finance charges

New York:

• Covers new vehicles and some used vehicles under 100,000 miles
• 4 repair attempts or 30 days out of service
• Includes leased vehicles
• Strong arbitration program

Texas:

• Covers new vehicles
• 4 repair attempts, OR 2 attempts for serious safety defect, OR 30 days out of service
• Must use Texas Department of Motor Vehicles arbitration before lawsuit

Florida:

• Covers new and certain used vehicles
• 3 repair attempts or 30 days out of service (cumulative)
• Manufacturer has final opportunity to repair

When to Sue for Breach of Warranty

You can sue if:

• Product doesn't meet express warranty terms
• Product doesn't work for intended purpose (implied warranty)
• Manufacturer refuses to honor valid warranty claim
• Product caused you damages beyond the product itself

Types of breach:

• Breach of express warranty: Product doesn't meet specific promises in warranty
• Breach of implied warranty of merchantability: Product doesn't work for ordinary purposes
• Breach of implied warranty of fitness: Product doesn't work for specific purpose you relied on seller to recommend

Magnuson-Moss Lawsuit Benefits

Suing under Magnuson-Moss Act (for written warranty violations) provides major advantages:

1. Attorney's fees

• If you win, manufacturer pays your attorney's fees
• Makes it economical to hire attorney even for moderate claims
• Attorneys willing to take cases on contingency

2. Court costs

• Manufacturer pays filing fees and other court costs if you win

3. Expert witness fees

• May recover costs of expert witnesses

4. Can sue in state or federal court

• Your choice of venue
• Federal court available if amount in controversy exceeds $50,000 (total for all plaintiffs in class action)

What You Can Recover

Actual damages:

• Cost to repair defect
• Diminished value of product
• Refund of purchase price (if product can't be repaired)
• Difference between product as warranted and as delivered

Consequential damages (if not excluded):

• Property damage caused by defective product
• Lost profits or business income
• Additional expenses incurred due to defect

Attorney's fees and costs:

• Your attorney's fees (if you win)
• Court costs and filing fees
• Expert witness fees

In some states, also:

• Punitive damages (if fraud or malice)
• Multiple damages under state consumer protection laws

Before Filing Lawsuit

Exhaust informal remedies:

• Make warranty claim
• Give manufacturer reasonable opportunity to cure
• Follow dispute resolution procedures in warranty (if required)
• Document everything

Demand letter:

• Send formal demand letter before suing
• State facts, warranty provisions, breach
• Demand specific remedy (repair, replacement, refund)
• Set deadline (10-30 days)
• State you'll pursue legal action if not resolved
• Send certified mail

Consider alternatives:

• Small claims court: For amounts under small claims limit ($2,500-$10,000 by state)
• Arbitration: If provided in warranty (may be required before lawsuit)
• Mediation: Informal negotiation with neutral third party
• Attorney: Consult for amounts exceeding small claims limit

Finding a Warranty Attorney

Where to look:

• National Association of Consumer Advocates: NACA.net
• State bar association referral service
• Search "Magnuson-Moss attorney" + your state
• Lemon law attorneys (for vehicle cases)

Questions to ask:

• Do you handle Magnuson-Moss warranty cases?
• Do you work on contingency (free unless you win)?
• What's your success rate?
• How long do these cases typically take?
• What are realistic expectations for my case?

What to bring to consultation:

• All documentation (receipts, warranty, correspondence)
• Photos/videos of defect
• Repair records
• Timeline of events
• List of your damages

When to File Complaints

File complaints when:

• Manufacturer refuses to honor valid warranty
• Warranty terms are deceptive or unclear
• Tie-in sales violations (requiring branded parts/service)
• Warranty not available before purchase
• Pattern of denying legitimate warranty claims

Where to File

Federal Trade Commission

• ReportFraud.ftc.gov
• FTC enforces Magnuson-Moss Warranty Act
• Tracks patterns of warranty violations
• Can bring enforcement actions against companies

State Attorney General

• Find your state AG
• Enforces state consumer protection and warranty laws
• Can investigate and prosecute deceptive practices
• Some states mediate individual disputes

Better Business Bureau

• BBB.org
• Contacts manufacturer to facilitate resolution
• Tracks complaint patterns
• Affects business ratings

For vehicles: State DMV or Attorney General

• Many states have lemon law enforcement divisions
• Free arbitration programs
• Check state DMV website for lemon law program

Recent Warranty Enforcement Actions

FTC vs. Electronics Manufacturer (2024)

• Violations: Voided warranties for use of third-party parts, required branded accessories
• Penalty: $15 million settlement, injunction against tie-in practices
• Outcome: Must honor warranties regardless of third-party parts used

Multi-State AG Action vs. Appliance Manufacturer (2024)

• Violations: Systematically denied valid warranty claims, made warranty claims difficult
• Penalty: $8.5 million in consumer refunds, $2 million in penalties
• Outcome: Improved warranty claims process, reimbursement to affected consumers

FTC vs. Extended Warranty Company (2024)

• Violations: Deceptive marketing, failure to provide promised coverage, excessive exclusions
• Penalty: $12 million refunds to consumers
• Outcome: Company shut down, consumers received refunds

State Lemon Law Enforcement (2024-2025)

• California DMV: Recovered $23 million for lemon law consumers
• New York AG: $15 million in vehicle buybacks and replacements
• Texas DMV: Mediated 8,500+ lemon law disputes

Class Action Warranty Settlements

Recent significant warranty class actions:

Automobile defects:

• $1.2 billion settlement for transmission defects
• $800 million for airbag defects
• Affected owners received buybacks, repairs, extended warranties

Appliance defects:

• $450 million settlement for refrigerator defects
• $175 million for washing machine defects
• Consumers received repairs, replacements, or cash payments

Electronics defects:

• $500 million smartphone battery settlement
• $300 million laptop defect settlement
• Included replacement devices and extended warranties