Magnuson-Moss Warranty Act – Complete Consumer Guide

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    Magnuson-Moss Warranty Act – Complete Consumer Guide

    The Magnuson-Moss Warranty Act (often called Mag-Moss) is a federal law that protects consumers when manufacturers fail to honor their written warranties.

    It applies to all products — including vehicles — that cost more than $10 and come with a written warranty, but it’s especially powerful for auto defect cases.

    1. What the Magnuson-Moss Warranty Act Covers

    • Who’s Protected: Any consumer who purchases a product with a written warranty for personal, family, or household use.

    • What’s Covered:

      • Cars, trucks, motorcycles, RVs, boats, electronics, appliances, and other products with warranties.

      • Defects that appear during the warranty period and are not repaired within a reasonable number of attempts.

    • What’s Not Covered:

      • Items without a written warranty

      • Damage caused by misuse, neglect, or unauthorized modifications

      • Normal wear and tear

    2. How Mag-Moss Works for Vehicle Owners

    While state Lemon Laws often have strict deadlines and mileage limits, Mag-Moss:

    • Applies for the entire warranty period, even if the defect occurs after your state lemon law time limit.

    • Covers both new and used vehicles still under a manufacturer’s warranty.

    • Allows you to sue in federal court for breach of warranty.

    • Requires the manufacturer to pay your attorney’s fees if you win.

    3. Key Rights Under the Magnuson-Moss Act

    • Full Disclosure: Warranties must be written in plain language and clearly state coverage.

    • No Disclaimer of Implied Warranties: If a written warranty is provided, implied warranties (like merchantability) cannot be disclaimed in most states.

    • Right to Repair or Replace: If the product fails during the warranty period, the warrantor must fix it or provide a replacement/refund.

    • Attorney’s Fees Recovery: If you win your case, the manufacturer must pay your legal costs.

    4. How Mag-Moss Works with State Lemon Laws

    • Lemon Laws: Typically apply only to vehicles, with strict time/mileage limits.

    • Mag-Moss: Applies to any covered product with a written warranty — and can be used after Lemon Law deadlines expire if the defect appears during the warranty period.

    • Often, we file both Lemon Law and Mag-Moss claims together for maximum protection.

    5. The Process – Step-by-Step

    Step 1 – Document the Defect

    • Keep all repair orders, invoices, and warranty paperwork.

    Step 2 – Give the Manufacturer a Chance to Repair

    • You must allow the manufacturer or authorized service provider a reasonable number of repair attempts.

    Step 3 – Written Demand Letter

    • Send a certified letter describing the defect and requesting a final repair or refund/replacement.

    Step 4 – File a Lawsuit if Needed

    • If repairs fail, you can sue in state or federal court under Mag-Moss.

    • Claims often include breach of warranty, Lemon Law, and state consumer protection violations.

    6. Litigation Process in a Mag-Moss Case

    A. Filing the Lawsuit

    • Filed in federal or state court depending on strategy.

    • We often combine with Lemon Law and state consumer protection claims.

    B. Discovery Phase

    • Both sides exchange evidence, including:

      • Repair history

      • Warranty policies

      • Manufacturer’s technical bulletins

    C. Expert Evaluation

    • Independent mechanic confirms the defect and repair attempts.

    D. Settlement Negotiations

    • Possible resolutions:

      • Refund or replacement

      • “Cash and keep” compensation

      • Expense reimbursement

    E. Trial

    • Judge or jury decides if the warranty was breached and what remedy applies.

    • If you win, the manufacturer pays your attorney’s fees.

    7. Common Myths About Mag-Moss

    • Myth: “It’s only for new cars.”
      Truth: It covers any product — including used cars — still under warranty.

    • Myth: “It’s too expensive to sue.”
      Truth: If you win, the manufacturer must pay your legal fees.

    • Myth: “You must prove fraud.”
      Truth: You only need to prove the manufacturer failed to honor its warranty.

    8. How We Help

    At Ginsburg Law Group, we:

    • Review your warranty and repair history

    • Communicate with the manufacturer on your behalf

    • File and litigate your Mag-Moss claim at no upfront cost to you

    • Seek the maximum remedy available under federal and state law

    9. What to Do Now

    1. Gather Your Records

      • Warranty documents

      • Repair orders and receipts

      • Any communications with the manufacturer

    2. Contact Us

    3. Act Quickly

      • You must file within the warranty period or the applicable statute of limitations.

    CLICK HERE TO READ THE MAGNUSON MOSS STATUTE.