Magnuson-Moss Warranty and Federal Trade Commission Improvement Act - The "Federal Lemon Law"
A lawsuit filed under the State of Ohio Lemon Law should also allege violations of the Magnuson-Moss Warranty Act, for breach of written and implied warranties. If proven, these claims could entitle the consumer to recover damages for loss in value of the vehicle and other incidental and consequential damages. It can also provide a secondary position for the consumer in the event a Lemon Law claim proves unsuccessful. As it covers any "consumer product," Magnuson-Moss Warranty Act claims can also be brought for defective boats, watercraft, trailers and campers. The Magnuson-Moss Warranty Act also covers televisions, washers, dryers, dishwashers, refrigerators, computers, lawnmowers and other consumer products sold with warranties that do not meet the Lemon Law definition of a "motor vehicle." Although there are differences with the state of Ohio lemon law, the Magnuson-Moss Warranty Act can be thought of as sort of a "Federal Lemon Law".
Although it is a federal statutes, Magnuson-Moss Warranty Act cases are normally filed in state court. This is due to the $50,000 minimum amount in controversy, which can prove difficult for most consumers to reach. Common claims for violation of the Magnuson-Moss Warranty Act include breach of the express warranty (i.e. the actual written warranty), breach of the implied warranty of merchantability and breach of the implied warranty of fitness for a particular purpose. In order to prove a breach of express warranty, a consumer must prove that a written warranty exists and that the manufacturer failed to remedy a defect in the vehicle after a reasonable number of repair attempts. In order to prove a breach of implied warranty, a consumer must prove that the vehicle was not fit for the normal purposed for which it is intended and/or that it is not fit for the particular purpose for which the consumer uses it.
Click here to review the entire text of the Magnuson-Moss Warranty Act.
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