Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
When products fail prematurely, you have more rights than manufacturers want you to know. The FTC's guide to warranty law outlines consumer protections under the Magnuson-Moss Warranty Act. Beyond the written warranty in the box, federal and state laws provide additional protections that can help you get repairs, replacements, or refunds.
Beyond Written Warranties: Even if the manufacturer's warranty has expired, implied warranties under state law may still protect you. Products must be fit for their ordinary purpose.
Types of Warranties
Express Warranties
- Written guarantees from manufacturer
- Advertising claims and promises
- Sales rep statements about product
- Product demonstrations
Implied Warranty of Merchantability
- Automatic under UCC (state law)
- Product must work as expected
- Must be fit for ordinary purpose
- Cannot always be disclaimed
Implied Warranty of Fitness
- Applies when seller knows your purpose
- You relied on seller's expertise
- Product must be suitable for that purpose
"As Is" Doesn't Always Work: Some states don't allow "as is" disclaimers for consumer goods. Even with disclaimers, fraud or misrepresentation may still create liability.
Federal Warranty Law
Magnuson-Moss Warranty Act
Federal law for consumer products:
- Requires clear warranty disclosure
- "Full" vs. "Limited" warranty distinctions
- Prohibits tying warranty to using specific parts/service
- Allows consumers to sue and recover attorney fees
Full vs. Limited Warranties
- Full warranty: Must fix within reasonable time, refund if can't fix
- Limited warranty: Can have restrictions and exclusions
- Must clearly state which type
What Companies Cannot Do
- Void warranty for using third-party parts
- Require you to register for coverage
- Make you pay for shipping both ways (full warranty)
- Hide warranty terms
State Lemon Laws
New Car Lemon Laws
If a new car can't be fixed after multiple attempts:
- Right to refund or replacement
- Usually 3-4 repair attempts or 30+ days out of service
- Must be reported within warranty period
- All states have new car lemon laws
Used Car and Other Product Laws
- Some states cover used cars
- California covers many consumer goods
- Check your state's specific coverage
Filing a Warranty Claim
Step 1: Document the Problem
- Photos and videos of defect
- When problem first appeared
- How product failed to perform
- Keep the defective product
Step 2: Gather Documents
- Receipt or proof of purchase
- Warranty card or documentation
- Product registration (if any)
- Previous repair records
Step 3: Contact Manufacturer
- Call customer service
- Describe problem clearly
- Request specific remedy
- Get claim number and document call
Step 4: Follow Up in Writing
- Send written claim with documentation
- Reference warranty terms
- Set deadline for response
- Keep copies of everything
When Warranty Claims Are Denied
Common Denial Reasons
- Warranty expired (check implied warranty)
- User damage or abuse
- Modified product
- Not covered under warranty terms
- No proof of purchase
Challenging Denials
- Request written denial with specific reason
- Review warranty language carefully
- Research Magnuson-Moss requirements
- Check implied warranty rights
- Escalate to executive level
Arguments That May Help
- Product failed for normal use
- Defect was inherent, not user-caused
- Similar complaints from other consumers
- Product didn't last reasonable lifetime
- Warranty disclaimer invalid under state law
Extended Warranties and Service Plans
What They Cover
- Repairs after manufacturer warranty ends
- May include accidental damage
- Often exclude pre-existing conditions
- Read terms carefully before buying
Common Problems
- Claims denied on technicalities
- Long wait times for repairs
- Replacement with inferior product
- Company goes out of business
Escalation Options
Within the Company
- Executive customer service
- Corporate headquarters
- CEO email (often gets response)
- Social media complaints
External Remedies
- BBB complaint: Creates record, prompts response
- State AG: Consumer protection division
- FTC: For pattern of deceptive practices
- Credit card dispute: If paid by card
Legal Action
- Small claims court: For smaller amounts
- Consumer attorney: Magnuson-Moss allows fee recovery
- Class action: For widespread defects
Special Product Categories
Electronics
- Often have short warranties (1 year)
- Implied warranty may extend coverage
- Right to repair laws emerging
Appliances
- Should last reasonable lifetime
- Premature failure may be covered by implied warranty
- Energy Star claims are enforceable
Vehicles
- Federal emissions warranty (8 years/80,000 miles)
- State lemon laws for persistent defects
- Secret warranties (TSBs) may exist
Get Your Product Fixed or Replaced
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