Consumer & Personal Injury Litigators

How warranty laws protect consumers

The Magnuson-Moss Act and the Federal Trade Commission provide protections to those buying products in Pennsylvania and other states. For example, a copy of the warranty must be made available to buyers prior to making a purchase. It must be written in a manner that is clear and easy to read. Furthermore, the party that is offering the warranty must disclose whether it is a full warranty or if it is limited in any way.

If a seller or other party grants a warranty, it must be able to abide by its terms. Offering a warranty that cannot be fulfilled is a violation of the law. The same is true for warranty terms that are misleading or deceptive to consumers. An implied warranty cannot be disclaimed or modified if there is a written warranty available. However, it may be possible for the party offering protection to limit the implied warranty for the duration of the written warranty.

An implied warranty may be disclaimed by a seller if one is available from another party. Generally, this means that the company that made the product offers some sort of guarantee to the consumer. Therefore, the seller does not have to offer additional protection unless it wants to do so. The seller will still need to provide a copy of the manufacturer’s warranty prior to purchase.

If a product is damaged, a consumer generally has the right to have it repaired at the seller or manufacturer’s expense. While warranties may be limited in scope and duration, companies that sell products may not engage in misrepresentation of products or warranties. If that occurs, consumers may be entitled to a myriad of damages. An attorney may help a person pursue a product liability or personal injury lawsuit against a company.

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