The Magnuson-Moss Warranty Act – What is it?
The Magnuson-Moss Warranty Act was passed in 1975 to provide protection to the buyers of any product, costing $25 or more, and has a written warranty. The Act applies to any such product which turns out to be a lemon or which doesn’t work as it should. Actually, the Magnuson-Moss Warranty Act is a federal law that administers and examines consumer product warranties.
The law preserves the rights of a lemon owner. If any product which has a written warranty is found to be defective, the warrantor is required to either refund or replace the product.
Under Magnuson-Moss Warrant Act, the juries have designed a principle, “three strikes and you’re out”. Under this, a manufacturer will be given three attempts to fix a problem. Attempting again and again to repair that same problem will not be allowed. Like if your vehicle is giving you problems, you are entitled to repair. If a manufacturer or dealer fails to fix that problem in three attempts then you have the right to claim a refund or replacement under Magnuson-Moss Warrant Act.
Vehicles are considered to be a medium of transportation and people buy them to travel from place to place or to transfer goods from one destination to another. But, if a vehicle starts throwing out problems within the warranty period, then, the buyer is entitled to file a claim for his/her lemon vehicle under the Magnuson-Moss Warranty Act. This Federal Law gives buyers a chance to tackle manufacturers of lemon cars.
A buyer can easily claim his/her lemon in any court in the United States. Under the lemon law of some states, you can even claim your lemon attorney’s fees as well as other expenses you have had in the shape of time and money.
Lemon law cases earn bad publicity and huge fines for manufacturers. To avoid such situations, manufacturers try their level best not to deliver lemon products. And if this happens, they are forced to refund or replace the product under the Magnuson-Moss Warrant Act.
How Magnuson-Moss Warranty Act Affects Warranty?
Passed in 1975, the Magnuson-Moss Warranty Act is a law designed to help consumers in taking any of their unsettled warranties to the courts. However, this act is only applicable to written warranties. This act safeguards consumers against low-quality and defective products. As manufacturers or dealers are required to pay huge amounts in compensation, they try their level best to maintain their quality so as to avoid facing the Magnuson-Moss Warranty Act.
If a vehicle is not working as it should or as it was at the time of purchase, then, the buyer is entitled to claim his/her lemon under the Magnuson-Moss Warranty Act. The act says that if any part of the product, which has a written warranty, is defective, the warrantor has to give a choice of refund or replacement to the buyer.
Magnuson-Moss Warranty Act – Buyer Lawsuits
If a manufacturer is unable to meet the standards set in the warranty, the Magnuson-Moss Warranty Act entitles the buyer to claim re-compensation by making a breach of warranty a violation of federal law. The manufacturers are also required to pay back the court costs and attorney’s fees to the buyer. This means that in case the manufacturer loses that case, he will have to pay the cost of the lawsuit, the fee of the lawyer of the buyer, and a refund or replacement. The heavy expenses involved are a big turn-off for the manufacturers and they try to avoid such court proceedings.
Most of the state lemon laws give the manufacturers three chances to set the product right according to the buyer’s requirement. And in case the product is still malfunctioning; the buyer can claim a refund or replacement under the Magnuson-Moss Warranty Act. However, some of the states have five attempts limit for the manufacturers.
Magnuson-Moss Warranty Act – Substitute to Consumer Lawsuits
The Magnuson-Moss Warranty Act also has a substitute for lawsuits. It has a purchaser lawsuit for violation of warranty, which requires the manufacturer to use an informal dispute dissolution mechanism. This informal dispute-resolution mechanism is used for resolving warranty problems that are at a standstill.
Magnuson-Moss Warranty Act has forced manufacturers to maintain a standard and meet the promised warranty. It has positively affected the warranties, standard of the products, and thus customers’ rights.