The Magnuson-Moss Warranty Act: Your Federal Warranty Rights
The Magnuson-Moss Warranty Act (15 U.S.C. 2301 and following) is the federal law that governs written warranties on consumer products, from appliances and electronics to cars. It sets disclosure and labeling rules, defines what a "full" warranty must include, limits how sellers can restrict implied warranties, and generally bars warrantors from requiring a particular brand of parts or service as a condition of coverage. It works alongside, and does not cut back, consumer rights under state law, including state lemon laws.
What the law says
- The Act covers only written warranties on tangible property normally used for personal, family, or household purposes; it does not apply to warranties on services, and oral warranties are not covered. FTC, Businessperson's Guide to Federal Warranty Law
- Under the FTC's rules, written warranties on consumer products costing more than $10 must be titled "full" or "limited," and the disclosure and pre-sale availability requirements apply to written warranties on consumer products costing more than $15. FTC, Businessperson's Guide to Federal Warranty Law
- The statute requires warrantors to fully and conspicuously disclose warranty terms in simple, readily understood language, as FTC rules require. Those rules may require the warranty to state who the warrantor is, what products or parts are covered, what the warrantor will do about a defect and at whose expense, what is excluded, the step-by-step claim procedure, any informal dispute process, and when the warrantor will perform. 15 U.S.C. 2302(a) (via Cornell LII)
- The FTC tells consumers that whenever there is a warranty, the law says it must be available to read before buying, whether shopping in person or online. FTC, Warranties
- Beyond offering a refund or replacement when a product can't be fixed, a "full" warranty must not limit the duration of implied warranties, must cover anyone who owns the product during the warranty period, must provide service free of charge, and may not impose duties beyond notifying the warrantor unless they are reasonable. The FTC gives requiring customers to return a registration card as an example of a duty not allowed in a full warranty. FTC, Businessperson's Guide to Federal Warranty Law
- A warranty that does not meet every full-warranty condition is "limited," and a warranty can be partly full and partly limited. A limited warranty may restrict the duration of implied warranties to the duration of the limited warranty; a full warranty cannot. FTC, Businessperson's Guide to Federal Warranty Law
- A supplier may not disclaim or modify implied warranties if it gives a written warranty on the product or, within 90 days of the sale, enters into a service contract covering it. Implied warranties may be limited in duration only to a written warranty of reasonable duration, if the limit is conscionable and set out in clear and unmistakable language prominently displayed on the face of the warranty. A disclaimer or limitation that violates these rules is ineffective under federal and state law. 15 U.S.C. 2308 (via Cornell LII)
- The Act's tie-in ban says a warrantor may not condition a written or implied warranty on the consumer using an article or service identified by brand, trade, or corporate name, unless that item is provided free under the warranty or the FTC grants a waiver after finding the product will work properly only with it. 15 U.S.C. 2302(c) (via Cornell LII)
- In July 2024 the FTC sent warning letters to eight companies selling products such as air purifiers, treadmills, and PC components, citing statements that consumers must use specified parts or service providers to keep their warranties and "warranty void if removed" stickers placed where they hinder routine maintenance and repair. FTC, press release (July 2024)
- For cars, the FTC says you don't have to use the dealer for repairs or maintenance to keep your warranty in effect, and that the warranty stays in effect if you use aftermarket or recycled parts; the manufacturer or dealer must prove such a part caused the damage before denying coverage for it. FTC, Auto Warranties and Auto Service Contracts
FAQ
How does the Act relate to state lemon laws and other state warranty law?
The Act says nothing in it invalidates or restricts any right or remedy a consumer has under state law. State labeling or disclosure requirements for written warranties that differ from the federal rules generally do not apply to warranties that comply with the federal rules, unless the FTC finds the state rule gives consumers greater protection.
Does the Act cover products other than cars?
Yes. It covers written warranties on tangible consumer products normally used for personal, family, or household purposes, not just vehicles.
Is an extended warranty the same as a warranty?
No. The FTC explains that service contracts, unlike warranties, are purchased separately from a product and don't need a "full" or "limited" title. A seller that makes its own service contract on a product may not disclaim or limit implied warranties.
Can I sue under the Magnuson-Moss Warranty Act?
A consumer damaged by a warrantor's failure to comply may sue in state court or, in some cases, federal court. A federal-court case is not allowed if any individual claim is under $25, if the total amount in controversy is under $50,000, or, for a class action, if there are fewer than 100 named plaintiffs.
Do I have to give the warrantor a chance to fix the problem first?
Generally, yes. The statute says a lawsuit for failure to comply with a warranty or service contract may not proceed unless the warrantor or service contractor is given a reasonable opportunity to cure the failure.
Does a "warranty void if seal is broken" notice cancel my coverage?
In 2018 FTC staff warned six companies that selling cars, cell phones, and video game systems that statements voiding coverage when a warranty seal is removed, or when non-company parts or service are used, are generally prohibited by the Act unless the parts or services are free or the FTC grants a waiver.
Related
- What Is a Lemon Law?
- What Is Price Gouging?
- Where to File a Consumer Complaint
- Consumer Protection by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.