Magnuson–Moss Warranty Act: Difference between revisions
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TODO: Would like someone to look over [https://www.law.cornell.edu/uscode/text/15/chapter-50 the law's text]and give a more robust summary; until then the summary is from [[wikipedia:Magnuson–Moss_Warranty_Act|Wikipedia]]. | TODO: Would like someone to look over [https://www.law.cornell.edu/uscode/text/15/chapter-50 the law's text]and give a more robust summary; until then the summary is from [[wikipedia:Magnuson–Moss_Warranty_Act|Wikipedia]]. | ||
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*There are additional requirements imposed upon manufacturers if they choose to advertise a "full warranty." | *There are additional requirements imposed upon manufacturers if they choose to advertise a "full warranty." | ||
*prevents manufactures from using misleading or unfair disclaimers to circumvent their warranty obligations. | *prevents manufactures from using misleading or unfair disclaimers to circumvent their warranty obligations. | ||
**one example of such disclaimers is "warranty void if removed stickers" <ref>https://www.ifixit.com/News/74736/warranty-void-stickers-are-illegal-in-the-us-what-about-elsewhere</ref> | **one example of such disclaimers is "warranty void if removed stickers" <ref>[https://web.archive.org/web/20250129195020/https://www.ifixit.com/News/74736/warranty-void-stickers-are-illegal-in-the-us-what-about-elsewhere "Warranty Void Stickers Are Illegal in the US. What about Elsewhere?"] - archive.org - archived 2025-01-29</ref> | ||
In cases of violation, consumers are encouraged to negotiate with warrantors under arbitration. Additionally, the federal government and consumers are able to file civil suits in the courts. | In cases of violation, consumers are encouraged to negotiate with warrantors under arbitration. Additionally, the federal government and consumers are able to file civil suits in the courts. | ||
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The act is an important piece of legislation, but its enforcement is a mixed bag. Although it is enforced, often the fines are little to nothing, which encourages manufacturers to disregard it. This effectively prevents the act from properly keeping vendors accountable. | The act is an important piece of legislation, but its enforcement is a mixed bag. Although it is enforced, often the fines are little to nothing, which encourages manufacturers to disregard it. This effectively prevents the act from properly keeping vendors accountable. | ||
Toyota held labile for all damages in used car's in-warranty repair case - June 16, 1992. <ref name=":0">https://law.justia.com/cases/north-carolina/court-of-appeals/1992/9110dc643-1.html | Toyota held labile for all damages in used car's in-warranty repair case - June 16, 1992. <ref name=":0">[https://web.archive.org/web/20250129195115/https://law.justia.com/cases/north-carolina/court-of-appeals/1992/9110dc643-1.html "Ismael v. Goodman Toyota"] - archive.org - archived 2025-01-29</ref> | ||
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"Due to the purchase of the subject vehicle in used `as is' condition, the Defendant (Toyota) dealer assumed and bore no responsibility for subsequent repair of the vehicle or its road worthiness. " the plaintiff (vehicle owner) was found to be correct and the defendant (toyota) was found liable for damages plaintiff (vehicle owner) suffered as a result of that violation<ref name=":0" /> | |||
==References== | |||
<references /> | <references /> | ||
[[Category:US legislation]] |
Latest revision as of 17:17, 20 February 2025
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TODO: Would like someone to look over the law's textand give a more robust summary; until then the summary is from Wikipedia.
Summary[edit | edit source]
The Magnuson-Moss Warranty Act of 1975 is a federal law enacted in the United States. The law sets some of the rules that manufacturers must follow when giving warranties, if they choose to provide one. Some of the rules are (may not be legally valid; consult legal experts for specifics):
- Warranties must be specified in clear language.
- It is prohibited to require only "branded parts" as a requirement for a warranty.
- There are additional requirements imposed upon manufacturers if they choose to advertise a "full warranty."
- prevents manufactures from using misleading or unfair disclaimers to circumvent their warranty obligations.
- one example of such disclaimers is "warranty void if removed stickers" [1]
In cases of violation, consumers are encouraged to negotiate with warrantors under arbitration. Additionally, the federal government and consumers are able to file civil suits in the courts.
History of Enforcement[edit | edit source]
The act is an important piece of legislation, but its enforcement is a mixed bag. Although it is enforced, often the fines are little to nothing, which encourages manufacturers to disregard it. This effectively prevents the act from properly keeping vendors accountable.
Toyota held labile for all damages in used car's in-warranty repair case - June 16, 1992. [2]
"Due to the purchase of the subject vehicle in used `as is' condition, the Defendant (Toyota) dealer assumed and bore no responsibility for subsequent repair of the vehicle or its road worthiness. " the plaintiff (vehicle owner) was found to be correct and the defendant (toyota) was found liable for damages plaintiff (vehicle owner) suffered as a result of that violation[2]
References[edit | edit source]
- ↑ "Warranty Void Stickers Are Illegal in the US. What about Elsewhere?" - archive.org - archived 2025-01-29
- ↑ 2.0 2.1 "Ismael v. Goodman Toyota" - archive.org - archived 2025-01-29