Abstract
This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a claim for any implied warranty, and a narrow approach where courts only permit an implied warranty claim under the Act where a written warranty is offered. This Article concludes that neither is consistent with the Act’s language and purposes, and proposes a different approach. Courts should permit implied warranty claims under the Act only for consumer products covered by written warranties but should do so without regard to which supplier in the distribution chain gave the warranty. This approach would provide more consumer protection than the current predominant approach while also respecting the central importance of written warranties to the Act.
Recommended Citation
Stephen E. Friedman, Implied Warranty Claims Under the Magnuson-Moss Warranty Act: Resolving Fifty Years of Uncertainty, 44 Pace L. Rev. 49 (2023)DOI: https://doi.org/10.58948/2331-3528.2082
Available at: https://digitalcommons.pace.edu/plr/vol44/iss1/2
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