PA Lemon Law Blog

The Magnuson-Moss Warranty Act is also known as the “Federal Lemon Law”. It is a very broad law that covers many types of products. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. This can include an item as small as a radio or an item as large as an RV. In order to qualify for protection under the Magnuson Moss Act, the product must be solely for personal use, such as a Television or the vehicle that you drive to work. The Act does not apply to Commercial Use products, such as a roofer’s work truck or the professional landscaper’s lawnmower. If your personal use product suffered a substantial defect while under the original manufacturer’s warranty, the Magnuson-Moss Warranty Act may offer you some recourse.

The Magnuson-Moss Warranty Act is similar to many states’ Lemon Laws. Here in Pennsylvania, I can say that it is very similar to the Pennsylvania Lemon Law. The Magnuson Moss Act provides for a free replacement of the defective product or a full refund of the purchase price, and further provides for recovery of all associated costs including Attorney fees. If the purchaser can show that the product suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, (in Pennsylvania, the number is three (3)) the Magnuson-Moss Warranty Act will provide the choice of the aforementioned relief to the purchaser.  Another measure of damages for this type of claim would be “diminution in value”, that is, the decrease in value of the product/vehicle because of the defects.  This measure is not in addition to, but rather, in the alternative.

The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give.

In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective cars, trucks, vans, SUV’s, motorcycles and RV’s. If your vehicle has suffered a defect while still under the original manufacturer’s warranty, you may be entitled to cash compensation, a full refund or free replacement, plus free legal representation.