The Magnuson Moss Warranty Act is otherwise known as the Federal Lemon Law. The Magnuson Moss Act is a warranty related act that forces manufacturers and sometimes dealers to comply with the strict terms set forth in their given written warranties.
The Act applies to any personal use consumer products that are valued at $25 or more that come with a warranty. This can range from Computers to Washing Machines to your new or slightly used car, and anything in between. Generally, our firm only handles vehicle claims under the Act.
If your product becomes defective, you must give the manufacturer a reasonable opportunity to repair the item under the warranty. Typically, a reasonable opportunity means three repair attempts at the same defect. The law is less strict than the PA Lemon Law in that it does not contain mileage requirements and the time for filing a claim is longer. This is the “go to” law on most used vehicle cases that we handle.
The Magnuson Moss Act provides that manufacturers must offer a free replacement or full refund to consumers if they are unable to repair the item after a reasonable number of attempts. A full refund is not always the remedy as the two parties can obviously disagree on the appropriate compensation in any given case. Most times, a cash award to the consumer is the end result. Damages are often assessed at the diminution in value that the vehicle has suffered as a result of the defect. In a nutshell, how much less is the vehicle worth because of the inherent defects?
Our firm typically uses the Act on “newer” used vehicle claims. That is, the Act is a great weapon for late model vehicle claims. Since the PA Lemon Law only applies to brand new vehicle purchases, the Mag Moss Act is the “go to” law for pursuing issues that arise on that 2-3 year old model that you recently purchased.
It’s actually a little easier to pursue a claim under the Act because it has lesser restrictions than the PA Lemon Law. The Act applies to new and used vehicles as long as they have a written warranty. The Act also does not have a mileage restriction (the Pa Lemon Law requires an initial repair attempt within the first 12,000 miles, the Mag Moss Act does not). The PA Lemon Law also requires that the defects in the vehicle must have arisen during the first year of ownership. The Magnuson Moss Act has no such requirement.
If you have a defective product claim there is no reason to go it alone. Our firm handles these types of cases on a daily basis, AT NO COST TO YOU! Call Attorney Artim at (412) 823-8003 to discuss your defective product and find out if you are entitled to cash compensation or a replacement item. If you prefer, send an email to Attorney Greg Artim