Magnuson Moss Warranty Act - Federal
The Magnuson Moss Warranty Act is a Federal Law that is often referred to as the "Federal Lemon Law". The Act applies to any consumer product that costs over $25.00, making it the perfect compliment to the Pennsylvania Lemon Law.
Every defective vehicle lawsuit, whether it involves a new Car, Truck, Van, SUV, Motorcycle or RV, has a claim brought under the Magnuson Moss Warranty Act.
The Act provides that a consumer who has purchased a defective product, which the Manufacturer cannot properly repair after a reasonable number of attempts, is entitled to a free replacement product or a full refund of the purchase price, in addition to reasonable Attorney Fees for prosecuting the action.
A replacement or refund is not always the remedy in warranty cases. Often times, a cash award can be obtained based upon the decrease in value of the vehicle that is present because of the defects. This is the remedy of choice for claims brought under this Act.
The great thing about the Act is that it does not have mileage restrictions, like the PA Lemon Law does. As a refresher, the PA Lemon Law requires that the consumer provide notice of the defective vehicle within the first 12,000 miles of the vehicle's use. The Magnuson Moss Warranty Act does not have a similar provision.
The next helpful aspect of the Act is that it is not limited solely to Brand New vehicles as the PA Lemon Law is. As long as the first occurrence of the defect happens while the vehicle is under the Manufacturer's Original Warranty, then the consumer will be able to maintain an action under the Magnuson Moss Warranty Act if the Manufacturer cannot repair the defect within a reasonable number of attempts. That means that this act applies to used vehicles as well as new ones.
Please feel free to contact me with any questions that you may have about the Pennsylvania Lemon Law, Magnuson Moss Warranty Act, or any other defective automobile related issue at 1-888-LEMON-44 or via email to Attorney Greg Artim