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Consumer Warranty Law: § 2301. Definitions

For the purposes of this chapter:

(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.

Consumer Warranty Law: § 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.

Consumer Warranty Law: § 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:

Consumer Warranty Law: § 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—

Consumer Warranty Law: § 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.

Consumer Warranty Law: § 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 cowarrantor.

Consumer Warranty Law: § 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.

Consumer Warranty Law: § 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.

Consumer Warranty Law: § 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.

Consumer Warranty Law: § 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.

Consumer Warranty Law: 1.1.1 Overview

This treatise on consumer warranty law addresses the rights of consumers when personal property they have purchased or leased does not meet their expectations. The book focuses on defective new and used cars, manufactured homes, automobile repairs, home improvements, and wheelchairs and other assistive devices. It also analyzes common law and statutory warranties that arise in the sale of a new house or condominium. The treatise only indirectly touches on warranty rights concerning other real property transactions or personal property purchased for business purposes.

Consumer Warranty Law: 1.1.3 This Chapter Contains Important Substantive Information

This chapter provides introductory material concerning this treatise: a description of its digital edition; a brief summary of the contents of its other chapters, and appendices, and also the pleadings and other companion material available online; conventions and caveats for use of this treatise; and a listing of other NCLC treatises with related content.

Of even greater significance, this chapter covers a number of important substantive topics, provides an overview of warranty law, and an automobile litigation checklist. The substantive topics include:

Consumer Warranty Law: 1.1.5 The Appendices and Indices

The appendices reprint or summarize key warranty laws and contain various practice aids. The Magnuson-Moss Warranty Act, the Federal Trade Commission’s Magnuson-Moss rules, relevant sections of the federal National Manufactured Housing Construction and Safety Standards Act, and the Federal Trade Commission’s Used Car Rule are reprinted in Appendices A–D, infra, respectively.

Consumer Warranty Law: 1.1.6 Additional Pleadings, Primary Sources, and Practice Tools

The treatise’s digital edition also includes pleadings and discovery, practice tools, and primary sources that can easily be downloaded, emailed, and cut and pasted into documents. They are listed at the bottom of the digital table of contents found in the website’s left pane and are fully searchable. Search filters allow users to search only for pleadings, only for primary sources, or only for practice tools. Searching for pleadings is recommended using the Advanced Pleadings Search tool, found above the Search box.

Consumer Warranty Law: 1.1.7 Conventions and Caveats

Although the official comments to the UCC are extensively cited, some states have not adopted the comments. While still helpful in states not adopting the comments, practitioners should ascertain whether their state has adopted the official comments or adopted their own state comments to the UCC.

Consumer Warranty Law: 1.2.1 Magnuson-Moss Warranty Act

The federal Magnuson-Moss Warranty Act17 is central to most consumer warranty cases. The Act substantively regulates consumer warranty terms and remedies, and specifies disclosure requirements. A key concept in the Act is the term “written warranty,” which refers to those express warranties that are in writing and that meet certain standards specified by the Act. The Act also has important applications to claims based on breaches of implied warranties and service contracts.

Consumer Warranty Law: 1.2.3 UCC Article 2A

Every state except Louisiana has enacted UCC Article 2A, governing the relationship of lessor to lessee. Article 2A warranty provisions generally parallel those of Article 2, although Article 2A creates different warranty rights depending on whether the lessor helps the consumer select the goods or whether the lessor is unconnected to the sale.

Consumer Warranty Law: 1.2.4 UCC Article 1

Article 1 of the UCC does not directly address consumer warranty issues, but its provisions have an important impact on those issues. Among other things, Article 1 includes definitions for such critical terms as “agreement” and “conspicuous.” It establishes the duty of good faith, the rule of liberal construction, and the rule that remedies are to be liberally administered. It requires that trade usage, the parties’ course of dealing and, in revised Article 1, the parties’ course of performance be taken into account in determining the parties’ contractual obligations.