Magnuson-Moss Act

Question 1

Magnuson-Moss Act

Answer 1

MMA covers all consumer products manufactured after July 4, 1975, that are covered by a written warranty

Question 2

Written Warranty

Answer 2

any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or

any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking.

Question 3

The stated purposes of the statute are:

Answer 3

To improve the adequacy of information available to consumers

To prevent deception and

To improve competition in the marketing of consumer products

Question 4

To qualify for MMA:

Answer 4

1. New consumer product
   —-Consumer product = household item
2. Minimum of $10
3. No privity required
4. Not unilateral services or products sold for resale/commercial purposes

Question 5

The Magnuson-Moss Warranty Act provides for two types of written warranties on consumer products:

Answer 5

those described as “full” warranties and those described as “limited” warranties

Question 6

Full Warranties

Answer 6

a consumer must be given the election to receive a refund or replacement without charge of a product or part which is defective or malfunctions after a reasonable number of attempts by the warrantor to correct such condition.
—-consumers are given the right to sue for damages and “other legal and equitable relief afforded under state or federal law

Question 7

Limited Warranty

Answer 7

(a) No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.

(b) For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.

(c) A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.