What rights do I have under the Magnuson-Moss Warranty Act?
The Magnuson-Moss Warranty Act is a federal law that governs written warranties on consumer products, including vehicles. It gives consumers the right to sue for breach of warranty and recover attorney's fees — making it a valuable tool even on lower-value claims where the economics of litigation might otherwise be difficult.
The Act applies whenever a seller provides a written warranty on a consumer product. For car purchases, this includes manufacturer's warranties, dealer warranties on certified pre-owned vehicles, and any other written promise about the condition or performance of the vehicle. If you received any written warranty document — even a limited one — the Act applies.
Under the Act, a warrantor must remedy a defect covered by the warranty within a reasonable time and without charge. If the warrantor fails to do so after a reasonable number of attempts, the consumer may be entitled to a replacement or a refund. The Act also prohibits warrantors from conditioning warranty coverage on the use of specific products or services (such as requiring you to use the dealer's service department for oil changes).
The attorney's fee provision is one of the Act's most important features. If you prevail in a Magnuson-Moss claim, the court may award you reasonable attorney's fees. This means that even if your damages are modest, it may be economically viable to pursue the claim because the warrantor may be required to pay your lawyer. This provision was specifically designed to make it practical for individual consumers to enforce their warranty rights.
The Act also has implications for as-is sales. A dealer cannot disclaim implied warranties if it provides a written warranty on the same product. So if a dealer gives you a limited written warranty but also includes an as-is clause in the contract, the as-is clause may be ineffective with respect to the implied warranty of merchantability.
Magnuson-Moss claims are often combined with FDUTPA claims in Florida consumer cases. The two statutes complement each other: Magnuson-Moss addresses warranty breaches, while FDUTPA addresses deceptive practices. Together, they provide a comprehensive framework for holding dealers accountable for both what they promised and what they misrepresented.