Magnuson-Moss Warranty Act Lawyer Manual

Magnuson-Moss Warranty Act

Overview and scope

The Act does not create any new warranties. The Act has three purposes:

1. To promote better understanding of consumers purchasing products with written warranties through specific disclosures;
2. To make it easier for consumers to obtain court enforcement of a warranty by providing for attorneys fees and costs;
3. To stimulate the production of more reliable products by requiring clear disclosure of what the warranty promises. 

The main features of the Act are disclosure in simple and readily understood language, minimum requirements for full warranties, the prohibition of tie-ins, and recovery of attorneys fees.

The Act applies only to consumer products manufactured after July 4, 1975. 15 U.S.C. §2302(e). Consumer products are defined as any tangible personal property normally used for personal, family or household purposes. 15 U.S.C. §2301(1). Most of its provisions are restricted to products with written warranties. However, damages and attorneys fees for breach of both express and implied warranties are available.

The Act requires that for each written warranty within the scope of the Act, the terms of the warranty must be disclosed before the sale, clearly and conspicuously, in easily understood language, including the following information.