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MAGNUSON
MOSS WARRANTY ACT
US
Code - Title 15, Chapter 50, Sections 2301-2312
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Legally,
a vehicle manufacturer cannot void the warranty on a vehicle due to an
aftermarket part unless they can prove that the aftermarket part caused
or contributed to the failure in the vehicle (per
the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)).
If
your vehicle manufacturer fails to honor emission/warranty claims, contact
EPA at (202) 260-2080 or www.epa.gov.
If federal warranty protection is denied, contact the FTC at (202) 326-3128
or www.ftc.gov.
For
additional information, check out the following links:
Consumers
Bill of Rights
What
You Can Do If Your Warranty Is Denied
Federal
Warranty Laws
Vehicle
Manufacturer Warranty Contact Phone Numbers
Section
2301. Definitions
(1) The term
"consumer product" means any tangible personal property which
is distributed in commerce and which is normally used for personal, family,
or household purposes (including any such property intended to be attached
to or installed in any real property without regard to whether it is so
attached or installed).
(2) The term
"Commission" means the Federal Trade Commission.
(3) The term
"consumer" means a buyer (other than for purposes of resale)
of any consumer product, any person to whom such product is transferred
during the duration of an implied or written warranty (or service contract)
applicable to the product, and any other person who is entitled by the
terms of such warranty (or service contract) or under applicable State
law to enforce against the warrantor (or service contractor) the obligations
of the warranty (or service contract).
(4) The term
"supplier" means any person engaged in the business of making
a consumer product directly or indirectly available to consumers.
(5) The term
"warrantor" means any supplier or other person who gives or
offers to give a written warranty or who is or may be obligated under
an implied warranty.
(6) The term
"written warranty" means -
(A) 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
(B) 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, which written
affirmation, promise, or undertaking becomes part of the basis of the
bargain between a supplier and a buyer for purposes other than resale
of such product.
(7) The term
"implied warranty" means an implied warranty arising under State
law (as modified by sections 2308 and 2304(a) of this title) in connection
with the sale by a supplier of a consumer product.
(8) The term
"service contract" means a contract in writing to perform, over
a fixed period of time or for a specified duration, services relating
to the maintenance or repair (or both) of a consumer product.
(9) The term
"reasonable and necessary maintenance" consists of those operations
(A) which
the consumer reasonably can be expected to perform or have performed
and
(B) which
are necessary to keep any consumer product performing its intended function
and operating at a reasonable level of performance.
(10) The
term "remedy" means whichever of the following actions the warrantor
elects:
(A) repair,
(B) replacement,
or
(C) refund;
except
that the warrantor may not elect refund unless (i) the warrantor is
unable to provide replacement and repair is not commercially practicable
or cannot be timely made, or (ii) the consumer is willing to accept
such refund.
(11) The
term ''replacement'' means furnishing a new consumer product which is
identical or reasonably equivalent to the warranted consumer product.
(12) The
term "refund" means refunding the actual purchase price (less
reasonable depreciation based on actual use where permitted by rules of
the Commission).
(13) The
term "distributed in commerce" means sold in commerce, introduced
or delivered for introduction into commerce, or held for sale or distribution
after introduction into commerce.
(14) The
term "commerce" means trade, traffic, commerce, or transportation
-
(A) between
a place in a State and any place outside thereof,
or
(B) which affects trade, traffic, commerce, or transportation described
in subparagraph (A).
(15) The
term "State" means a State, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American
Samoa. The term "State law" includes a law of the United States
applicable only to the District of Columbia or only to a territory or
possession of the United States; and the term "Federal law'"
excludes any State law.
Section
2302. Rules governing contents of warranties
(a) Full
and conspicuous disclosure of terms and conditions; additional requirements
for contents In order to improve the adequacy of information available
to consumers, prevent deception, and improve competition in the marketing
of consumer products, any warrantor warranting a consumer product to
a consumer by means of a written warranty shall, to the extent required
by rules of the Commission, fully and conspicuously disclose in simple
and readily understood language the terms and conditions of such warranty.
Such rules may require inclusion in the written warranty of any of the
following items among others:
(1) The
clear identification of the names and addresses of the warrantors.
(2) The
identity of the party or parties to whom the warranty is extended.
(3) The
products or parts covered.
(4) A
statement of what the warrantor will do in the event of a defect,
malfunction, or failure to conform with such written warranty - at
whose expense - and for what period of time.
(5) A
statement of what the consumer must do and expenses he must bear.
(6) Exceptions
and exclusions from the terms of the warranty.
(7) The
step-by-step procedure which the consumer should take in order to
obtain performance of any obligation under the warranty, including
the identification of any person or class of persons authorized to
perform the obligations set forth in the warranty.
(8) Information
respecting the availability of any informal dispute settlement procedure
offered by the warrantor and a recital, where the warranty so provides,
that the purchaser may be required to resort to such procedure before
pursuing any legal remedies in the courts.
(9) A
brief, general description of the legal remedies available to the
consumer.
(10)
The time at which the warrantor will perform any obligations under
the warranty.
(11)
The period of time within which, after notice of a defect, malfunction,
or failure to conform with the warranty, the warrantor will perform
any obligations under the warranty.
(12)
The characteristics or properties of the products, or parts thereof,
that are not covered by the warranty.
(13)
The elements of the warranty in words or phrases which would not mislead
a reasonable, average consumer as to the nature or scope of the warranty.
(b) Availability
of terms to consumer; manner and form for presentation and display of
information; duration; extension of period for written warranty or service
contract
(1)
(A)
The Commission shall prescribe rules requiring that the terms of
any written warranty on a consumer product be made available to
the consumer (or prospective consumer) prior to the sale of the
product to him.
(B)
The Commission may prescribe rules for determining the manner and
form in which information with respect to any written warranty of
a consumer product shall be clearly and conspicuously presented
or displayed so as not to mislead the reasonable, average consumer,
when such information is contained in advertising, labeling, point-of-sale
material, or other representations in writing.
(2) Nothing
in this chapter (other than paragraph (3) of this subsection) shall
be deemed to authorize the Commission to prescribe the duration of
written warranties given or to require that a consumer product or
any of its components be warranted.
(3) The
Commission may prescribe rules for extending the period of time a
written warranty or service contract is in effect to correspond with
any period of time in excess of a reasonable period (not less than
10 days) during which the consumer is deprived of the use of such
consumer product by reason of failure of the product to conform with
the written warranty or by reason of the failure of the warrantor
(or service contractor) to carry out such warranty (or service contract)
within the period specified in the warranty (or service contract).
(c) Prohibition
on conditions for written or implied warranty; waiver by Commission
No warrantor of a consumer product may condition his written or implied
warranty of such product on the consumer's using, in connection with
such product, any article or service (other than article or service
provided without charge under the terms of the warranty) which is identified
by brand, trade, or corporate name; except that the prohibition of this
subsection may be waived by the Commission if -
(1) the
warrantor satisfies the Commission that the warranted product will
function properly only if the article or service so identified is
used in connection with the warranted product, and
(2) the
Commission finds that such a waiver is in the public interest. The
Commission shall identify in the Federal Register, and permit public
comment on, all applications for waiver of the prohibition of this
subsection, and shall publish in the Federal Register its disposition
of any such application, including the reasons therefor.
(d) Incorporation
by reference of detailed substantive warranty provisions
The Commission may by rule devise detailed substantive warranty provisions
which warrantors may incorporate by reference in their warranties.
(e) Applicability
to consumer products costing more than $5
The provisions of this section apply only to warranties which pertain
to consumer products actually costing the consumer more than $5.
Section
2303. Designation of written warranties
(a) Full
(statement of duration) or limited warranty
Any warrantor warranting a consumer product by means of a written warranty
shall clearly and conspicuously designate such warranty in the following
manner, unless exempted from doing so by the Commission pursuant to
subsection (c) of this section:
(1) If
the written warranty meets the Federal minimum standards for warranty
set forth in section 2304 of this title, then it shall be conspicuously
designated a ''full (statement of duration) warranty''.
(2) If
the written warranty does not meet the Federal minimum standards for
warranty set forth in section 2304 of this title, then it shall be
conspicuously designated a "limited warranty".
(b) Applicability
of requirements, standards, etc., to representations or statements of
customer satisfaction
This section and sections 2302 and 2304 of this title shall not apply
to statements or representations which are similar to expressions of
general policy concerning customer satisfaction and which are not subject
to any specific limitations.
(c) Exemptions
by Commission
In addition to exercising the authority pertaining to disclosure granted
in section 2302 of this title, the Commission may by rule determine
when a written warranty does not have to be designated either ''full
(statement of duration)'' or ''limited'' in accordance with this section.
(d) Applicability
to consumer products costing more than $10 and not designated as full
warranties
The provisions of subsections (a) and (c) of this section apply only
to warranties which pertain to consumer products actually costing the
consumer more than $10 and which are not designated "full (statement
of duration) warranties".
Section
2304. Federal minimum standards for warranties
(a) Remedies
under written warranty; duration of implied warranty; exclusion or limitation
on consequential damages for breach of written or implied warranty;
election of refund or replacement. In order for a warrantor warranting
a consumer product by means of a written warranty to meet the Federal
minimum standards for warranty -
(1) such
warrantor must as a minimum remedy such consumer product within a
reasonable time and without charge, in the case of a defect, malfunction,
or failure to conform with such written warranty;
(2) notwithstanding
section 2308(b) of this title, such warrantor may not impose any limitation
on the duration of any implied warranty on the product;
(3) such
warrantor may not exclude or limit consequential damages for breach
of any written or implied warranty on such product, unless such exclusion
or limitation conspicuously appears on the face of the warranty; and
(4) if
the product (or a component part thereof) contains a defect or malfunction
after a reasonable number of attempts by the warrantor to remedy defects
or malfunctions in such product, such warrantor must permit the consumer
to elect either a refund for, or replacement without charge of, such
product or part (as the case may be). The Commission may by rule specify
for purposes of this paragraph, what constitutes a reasonable number
of attempts to remedy particular kinds of defects or malfunctions
under different circumstances. If the warrantor replaces a component
part of a consumer product, such replacement shall include installing
the part in the product without charge.
(b) Duties
and conditions imposed on consumer by warrantor
(1) In
fulfilling the duties under subsection (a) of this section respecting
a written warranty, the warrantor shall not impose any duty other
than notification upon any consumer as a condition of securing remedy
of any consumer product which malfunctions, is defective, or does
not conform to the written warranty, unless the warrantor has demonstrated
in a rule making proceeding, or can demonstrate in an administrative
or judicial enforcement proceeding (including private enforcement),
or in an informal dispute settlement proceeding, that such a duty
is reasonable.
(2) Notwithstanding
paragraph (1), a warrantor may require, as a condition to replacement
of, or refund for, any consumer product under subsection (a) of this
section, that such consumer product shall be made available to the
warrantor free and clear of liens and other encumbrances, except as
otherwise provided by rule or order of the Commission in cases in
which such a requirement would not be practicable.
(3) The
Commission may, by rule define in detail the duties set forth in subsection
(a) of this section and the applicability of such duties to warrantors
of different categories of consumer products with ''full (statement
of duration)'' warranties.
(4) The
duties under subsection (a) of this section extend from the warrantor
to each person who is a consumer with respect to the consumer product.
(c) Waiver
of standards
The performance of the duties under subsection (a) of this section shall
not be required of the warrantor if he can show that the defect, malfunction,
or failure of any warranted consumer product to conform with a written
warranty, was caused by damage (not resulting from defect or malfunction)
while in the possession of the consumer, or unreasonable use (including
failure to provide reasonable and necessary maintenance).
(d) Remedy
without charge
For purposes of this section and of section 2302(c) of this title, the
term ''without charge'' means that the warrantor may not assess the
consumer for any costs the warrantor or his representatives incur in
connection with the required remedy of a warranted consumer product.
An obligation under subsection (a)(1)(A) of this section to remedy without
charge does not necessarily require the warrantor to compensate the
consumer for incidental expenses; however, if any incidental expenses
are incurred because the remedy is not made within a reasonable time
or because the warrantor imposed an unreasonable duty upon the consumer
as a condition of securing remedy, then the consumer shall be entitled
to recover reasonable incidental expenses which are so incurred in any
action against the warrantor.
(e) Incorporation
of standards to products designated with full warranty for purposes
of judicial actions
If a supplier designates a warranty applicable to a consumer product
as a ''full (statement of duration)'' warranty, then the warranty on
such product shall, for purposes of any action under section 2310(d)
of this title or under any State law, be deemed to incorporate at least
the minimum requirements of this section and rules prescribed under
this section.
Section
2305. Full and limited warranting of a consumer product
Nothing
in this chapter shall prohibit the selling of a consumer product which
has both full and limited warranties if such warranties are clearly
and conspicuously differentiated.
Section
2306. Service contracts; rules for full, clear and conspicuous disclosure
of terms and conditions; addition to or in lieu of written warranty
(a) The
Commission may prescribe by rule the manner and form in which the terms
and conditions of service contracts shall be fully, clearly, and conspicuously
disclosed.
(b) Nothing
in this chapter shall be construed to prevent a supplier or warrantor
from entering into a service contract with the consumer in addition
to or in lieu of a written warranty if such contract fully, clearly,
and conspicuously discloses its terms and conditions in simple and readily
understood language.
Section
2307. Designation of representatives by warrantor to perform duties under
written or implied warranty
Nothing
in this chapter shall be construed to prevent any warrantor from designating
representatives to perform duties under the written or implied warranty:
Provided, That such warrantor shall make reasonable arrangements for
compensation of such designated representatives, but no such designation
shall relieve the warrantor of his direct responsibilities to the consumer
or make the representative a co-warrantor.
Section
2308. Implied warranties
(a) Restrictions
on disclaimers or modifications
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) Limitation
on duration
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) Effectiveness
of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation of this
section shall be ineffective for purposes of this chapter and State
law.
Section
2309. Procedures applicable to promulgation of rules by Commission
(a) Oral
presentation
Any rule prescribed under this chapter shall be prescribed in accordance
with section 553 of title 5; except that the Commission shall give interested
persons an opportunity for oral presentations of data, views, and arguments,
in addition to written submissions. A transcript shall be kept of any
oral presentation. Any such rule shall be subject to judicial review
under section 57a(e) of this title in the same manner as rules prescribed
under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B)
of this title shall not apply.
(b) Warranties
and warranty practices involved in sale of used motor vehicles
The Commission shall initiate within one year after January 4, 1975,
a rulemaking proceeding dealing with warranties and warranty practices
in connection with the sale of used motor vehicles; and, to the extent
necessary to supplement the protections offered the consumer by this
chapter, shall prescribe rules dealing with such warranties and practices.
In prescribing rules under this subsection, the Commission may exercise
any authority it may have under this chapter, or other law, and in addition
it may require disclosure that a used motor vehicle is sold without
any warranty and specify the form and content of such disclosure.
Section
2310. Remedies in consumer disputes
(a) Informal
dispute settlement procedures; establishment; rules setting forth minimum
requirements; effect of compliance by warrantor; review of informal
procedures or implementation by Commission; application to existing
informal procedures
(1) Congress
hereby declares it to be its policy to encourage warrantors to establish
procedures whereby consumer disputes are fairly and expeditiously
settled through informal dispute settlement mechanisms.
(2) The
Commission shall prescribe rules setting forth minimum requirements
for any informal dispute settlement procedure which is incorporated
into the terms of a written warranty to which any provision of this
chapter applies. Such rules shall provide for participation in such
procedure by independent or governmental entities.
(3) One
or more warrantors may establish an informal dispute settlement procedure
which meets the requirements of the Commission's rules under paragraph
(2). If -
(A)
a warrantor establishes such a procedure,
(B)
such procedure, and its implementation, meets the requirements of
such rules, and
(C)
he incorporates in a written warranty a requirement that the consumer
resort to such procedure before pursuing any legal remedy under
this section respecting such warranty, then
(i)
the consumer may not commence a civil action (other than a class
action) under subsection (d) of this section unless he initially
resorts to such procedure; and
(ii)
a class of consumers may not proceed in a class action under subsection
(d) of this section except to the extent the court determines
necessary to establish the representative capacity of the named
plaintiffs, unless the named plaintiffs (upon notifying the defendant
that they are named plaintiffs in a class action with respect
to a warranty obligation) initially resort to such procedure.
In the case of such a class action which is brought in a district
court of the United States, the representative capacity of the
named plaintiffs shall be established in the application of rule
23 of the Federal Rules of Civil Procedure. In any civil action
arising out of a warranty obligation and relating to a matter
considered in such a procedure, any decision in such procedure
shall be admissible in evidence.
(4) The
Commission on its own initiative may, or upon written complaint filed
by any interested person shall, review the bona fide operation of
any dispute settlement procedure resort to which is stated in a written
warranty to be a prerequisite to pursuing a legal remedy under this
section.
If the
Commission finds that such procedure or its implementation fails to
comply with the requirements of the rules under paragraph (2), the
Commission may take appropriate remedial action under any authority
it may have under this chapter or any other provision of law.
(5) Until
rules under paragraph (2) take effect, this subsection shall not affect
the validity of any informal dispute settlement procedure respecting
consumer warranties, but in any action under subsection (d) of this
section, the court may invalidate any such procedure if it finds that
such procedure is unfair.
(b) Prohibited
acts It shall be a violation of section 45(a)(1) of this title for any
person to fail to comply with any requirement imposed on such person
by this chapter (or a rule thereunder) or to violate any prohibition
contained in this chapter (or a rule thereunder).
(c) Injunction
proceedings by Attorney General or Commission for deceptive warranty,
noncompliance with requirements, or violating prohibitions; procedures;
definitions
(1) The
district courts of the United States shall have jurisdiction of any
action brought by the Attorney General (in his capacity as such),
or by the Commission by any of its attorneys designated by it for
such purpose, to restrain
(A)
any warrantor from making a deceptive warranty with respect to a
consumer product, or
(B)
any person from failing to comply with any requirement imposed on
such person by or pursuant to this chapter or from violating any
prohibition contained in this chapter. Upon proper showing that,
weighing the equities and considering the Commission's or Attorney
General's likelihood of ultimate success, such action would be in
the public interest and after notice to the defendant, a temporary
restraining order or preliminary injunction may be granted without
bond. In the case of an action brought by the Commission, if a complaint
under section 45 of this title is not filed within such period (not
exceeding 10 days) as may be specified by the court after the issuance
of the temporary restraining order or preliminary injunction, the
order or injunction shall be dissolved by the court and be of no
further force and effect. Any suit shall be brought in the district
in which such person resides or transacts business. Whenever it
appears to the court that the ends of justice require that other
persons should be parties in the action, the court may cause them
to be summoned whether or not they reside in the district in which
the court is held, and to that end process may be served in any
district.
(2) For
the purposes of this subsection, the term ''deceptive warranty'' means
(A)
a written warranty which (i) contains an affirmation, promise, description,
or representation which is either false or fraudulent, or which,
in light of all of the circumstances, would mislead a reasonable
individual exercising due care; or (ii) fails to contain information
which is necessary in light of all of the circumstances, to make
the warranty not misleading to a reasonable individual exercising
due care; or
(B)
a written warranty created by the use of such terms as ''guaranty''
or ''warranty'', if the terms and conditions of such warranty so
limit its scope and application as to deceive a reasonable individual.
(d) Civil
action by consumer for damages, etc.; jurisdiction; recovery of costs
and expenses; cognizably claims
(1) Subject
to subsections (a)(3) and (e) of this section, a consumer who is damaged
by the failure of a supplier, warrantor, or service contractor to
comply with any obligation under this chapter, or under a written
warranty, implied warranty, or service contract, may bring suit for
damages and other legal and equitable relief -
(A)
in any court of competent jurisdiction in any State or the District
of Columbia; or
(B)
in an appropriate district court of the United States, subject to
paragraph (3) of this subsection.
(2) If
a consumer finally prevails in any action brought under paragraph
(1) of this subsection, he may be allowed by the court to recover
as part of the judgment a sum equal to the aggregate amount of cost
and expenses (including attorneys' fees based on actual time expended)
determined by the court to have been reasonably incurred by the plaintiff
for or in connection with the commencement and prosecution of such
action, unless the court in its discretion shall determine that such
an award of attorneys' fees would be inappropriate.
(3) No
claim shall be cognizably in a suit brought under paragraph (1)(B)
of this subsection -
(A)
if the amount in controversy of any individual claim is less than
the sum or value of $25;
(B)
if the amount in controversy is less than the sum or value of $50,000
(exclusive of interests and costs) computed on the basis of all
claims to be determined in this suit; or
(C)
if the action is brought as a class action, and the number of named
plaintiffs is less than one hundred.
(e) Class
actions; conditions; procedures applicable
No action (other than a class action or an action respecting a warranty
to which subsection (a)(3) of this section applies) may be brought under
subsection (d) of this section for failure to comply with any obligation
under any written or implied warranty or service contract, and a class
of consumers may not proceed in a class action under such subsection
with respect to such a failure except to the extent the court determines
necessary to establish the representative capacity of the named plaintiffs,
unless the person obligated under the warranty or service contract is
afforded a reasonable opportunity to cure such failure to comply. In
the case of such a class action (other than a class action respecting
a warranty to which subsection (a)(3) of this section applies) brought
under subsection (d) of this section for breach of any written or implied
warranty or service contract, such reasonable opportunity will be afforded
by the named plaintiffs and they shall at that time notify the defendant
that they are acting on behalf of the class. In the case of such a class
action which is brought in a district court of the United States, the
representative capacity of the named plaintiffs shall be established
in the application of rule 23 of the Federal Rules of Civil Procedure.
(f) Warrantors
subject to enforcement of remedies
For purposes of this section, only the warrantor actually making a written
affirmation of fact, promise, or undertaking shall be deemed to have
created a written warranty, and any rights arising thereunder may be
enforced under this section only against such warrantor and no other
person.
Section
2311. Applicability to other laws
(a) Federal
Trade Commission Act and Federal Seed Act
(1) Nothing
contained in this chapter shall be construed to repeal, invalidate,
or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any statute defined therein as an Antitrust Act.
(2) Nothing
in this chapter shall be construed to repeal, invalidate, or supersede
the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter
shall apply to seed for planting.
(b) Rights,
remedies, and liabilities
(1) Nothing
in this chapter shall invalidate or restrict any right or remedy of
any consumer under State law or any other Federal law.
(2) Nothing
in this chapter (other than sections 2308 and 2304(a)(2) and (4) of
this title) shall (A) affect the liability of, or impose liability
on, any person for personal injury, or (B) supersede any provision
of State law regarding consequential damages for injury to the person
or other injury.
(c) State
warranty laws
(1) Except
as provided in subsection (b) of this section and in paragraph (2)
of this subsection, a State requirement -
(A)
which relates to labeling or disclosure with respect to written
warranties or performance thereunder;
(B)
which is within the scope of an applicable requirement of sections
2302, 2303, and 2304 of this title (and rules implementing such
sections), and
(C)
which is not identical to a requirement of section 2302, 2303, or
2304 of this title (or a rule thereunder), shall not be applicable
to written warranties complying with such sections (or rules thereunder).
(2) If,
upon application of an appropriate State agency, the Commission determines
(pursuant to rules issued in accordance with section 2309 of this
title) that any requirement of such State covering any transaction
to which this chapter applies
(A)
affords protection to consumers greater than the requirements of
this chapter and
(B)
does not unduly burden interstate commerce, then such State requirement
shall be applicable (notwithstanding the provisions of paragraph
(1) of this subsection) to the extent specified in such determination
for so long as the State administers and enforces effectively any
such greater requirement.
(d)
Other Federal warranty laws This chapter (other than section 2302(c)
of this title) shall be inapplicable to any written warranty the
making or content of which is otherwise governed by Federal law.
If only a portion of a written warranty is so governed by Federal
law, the remaining portion shall be subject to this chapter.
Section
2312. Effective dates
(a) Effective
date of chapter
Except as provided in subsection (b) of this section, this chapter shall
take effect 6 months after January 4, 1975, but shall not apply to consumer
products manufactured prior to such date.
(b) Effective
date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after the final
publication of rules respecting such section; except that the Commission,
for good cause shown, may postpone the applicability of such sections
until one year after such final publication in order to permit any designated
classes of suppliers to bring their written warranties into compliance
with rules promulgated pursuant to this chapter.
(c) Promulgation
of rules
The Commission shall promulgate rules for initial implementation of
this chapter as soon as possible after January 4, 1975, but in no event
later than one year after such date.
You'll often hear this myth regarding hacking or modding your car: it automatically cancels your warranty. Don't believe it as gospel. Sure, changing the windshield wiper blades can't cause the transmission to break, but your warranty won't allow you to do whatever you want to your car.
Warranty requirements
When it comes to new car warranties, automotive owners and enthusiasts have a very important lobbying body on their side, namely SEMA (the Specialty Equipment Market Association). SEMA represents the aftermarket manufacturers, wholesalers, retailers, and distributors in North America. Because this association of aftermarket parts suppliers has a vested interest in the continued sale of aftermarket parts, it has helped to keep new car manufacturers in check by successfully lobbying for legislation that prevents new car dealership service providers from denying warranty coverage, for example in a seized motor, because you chose to use those snazzy aftermarket carbon fiber windshield wipers instead of the OEM (Original Equipment Manufacturer) parts sold through their parts/service departments.
Magnuson-Moss Warranty Act
The relevant legislation here, the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act of 1975, protects consumers from being wrongfully denied warranty coverage by new car dealers.
The Magnuson-Moss Warranty Act states, in part, in Title 15, United States Code, Section 2302, subdivision (c):
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the [Federal Trade] Commission if —
(1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefore.
Under this federal statute, a manufacturer who issues a warranty on your motor vehicle is prohibited from requiring you to use a service or maintenance item, unless such item is provided, free of charge, under your warranty or unless the Federal Trade Commission (FTC) waives this prohibition against the manufacturer.
Further, under the act, aftermarket equipment that improves performance does not automatically void a vehicle manufacturer's original warranty, unless the warranty clearly states the addition of aftermarket equipment automatically voids your vehicle's warranty, or if it can be proven that the aftermarket device is the direct cause of the failure.
Specifically, the rules and regulations adopted by the FTC to govern the interpretation and enforcement of the Magnuson-Moss Warranty Act are set forth in the Code of Federal Regulations, Title 16 - Commercial Practices, Chapter I - Federal Trade Commission, Subchapter G - Rules, Regulations, Statements and Interpretations under the Magnuson-Moss Warranty Act, Part 700 - Interpretations under the Magnuson-Moss Warranty Act. Contained within these rules and regulations is Section 700.10, which states:
No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance. For example, provisions such as, "This warranty is void if service is performed by anyone other than an authorized 'ABC' dealer and all replacement parts must be genuine 'ABC' parts," and the like, are prohibited where the service or parts are not covered by the warranty. These provisions violate the Act in two ways. First, they violate the section 102(c) ban against tying arrangements. Second, such provisions are deceptive under section 110 of the Act, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of "unauthorized" articles or service. This does notprecludea warrantor from expressly excluding liability for defects or damage caused by such "unauthorized" articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused.
Under the Magnuson-Moss Act, a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before it can deny warranty coverage. If the dealer cannot prove such a claim — or it proffers a questionable explanation — it is your legal right to demand compliance with the warranty. The Federal Trade Commission administers the Magnuson-Moss Act and monitors compliance with warranty law.
That being said, if you choose to modify your car, and suddenly the fancy new electronic control boxes that you added to your car make it run rough, not start when cold, or buck like a bronco, the dealer can and will charge a diagnostic fee to find out what is wrong with your car. If it turns out that your modifications are the cause of the problem, the dealer has every right not only to charge you for the diagnosis and repair, but to also void the portion of the warranty that has been compromised by the use of those aftermarket parts. Likewise, a dealer may refuse to service your car if it is adorned with aftermarket parts to the extent that its technicians cannot reasonably be expected to diagnose what is wrong with your car. As an example, all cars manufactured after 1994 are equipped with OBDII (On Board Diagnostics II) ports that dealers use to read engine diagnostic codes for everything from an engine vacuum leak to a malfunctioning emissions system. If your chosen modification has compromised the dealer service center's ability to scan for these codes (aftermarket ECUs generally do not support OBDII), then there is a strong probability that the dealer service center will
*Deny warranty coverage
*Refuse to service the car
*Note with your factory field representative for your region/district that your car has been "modified"
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Your car's manufacturer notes are your car's "permanent record." Above all else, avoid compromising these notes. This is nearly always connected with your vehicles' VIN (Vehicle Identification Number) and will |
*Ensure that your car will not have its warranty honored at any dealer service center in your area.
*Dramatically reduce the resale and/or trade-in value of your car.
Federal Warranty Laws For Your Car, Truck, Van Or Suv
1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))
This federal law regulates warranties for the protection of consumers. The essence of the law concerning new aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name... (15 U.S.C. 2302(C)).
2. Clean Air Act Warranty Provisions (42 U.S.C. S 7541 (C) (3) (B))
The federal Clean Air Act requires vehicle makers to provide two emissions-related warranties -- a production warranty and a performance warranty. The production warranty requires the vehicle maker to warrant that the vehicle is designed, built and equipped so that it conforms with emissions requirements at the time of sale. The performance warranty requires the vehicle maker to warrant that the vehicle will comply with applicable emissions requirements as tested under state vehicle emissions inspection programs for the warranty periods specified in the law (for model year 1995 and later vehicles, the warranty is 2 years / 24,000 miles for all emissions-related parts and 8 years / 80,000 miles for the catalytic converter, electronic emissions control unit and on-board diagnostic device). The performance warranty is conditioned on the vehicle being properly maintained and operated.
Like the Magnuson-Moss Act, vehicle manufacturers may not refuse warranty repairs under the Clean Air Acts performance and defect warranties merely because aftermarket parts have been installed on the vehicle. The only circumstance under which the vehicle manufacturer can void the emissions warranties is if an aftermarket part is responsible for (causes) the warranty claim.
There
are rules to be followed. It's not just the Wild West, shooting from
the hip.
They
can't deny everything, all the time!
HOPE
THIS HELPS!
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