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Magnuson Moss Federal Warranty Law

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THE MAGNUSON-MOSS WARRANTY—FEDERAL TRADE COMMISSION IMRPOVEMENT ACT, ALSO KNOWN AS THE FEDERAL WARRANTY LAW

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2301. Definitions

For the purposes of this chapter:
(1) The term ``consumer product'' means any tangible personal
property which is distributed in commerce and which is normally used
for personal, family, or household purposes (including any such
property intended to be attached to or installed in any real
property without regard to whether it is so attached or installed).
(2) The term ``Commission'' means the Federal Trade Commission.
(3) The term ``consumer'' means a buyer (other than for purposes
of resale) of any consumer product, any person to whom such product
is transferred during the duration of an implied or written warranty
(or service contract) applicable to the product, and any other
person who is entitled by the terms of such warranty (or service
contract) or under applicable State law to enforce against the
warrantor (or service contractor) the obligations of the warranty
(or service contract).
(4) The term ``supplier'' means any person engaged in the
business of making a consumer product directly or indirectly
available to consumers.
(5) The term ``warrantor'' means any supplier or other person
who gives or offers to give a written warranty or who is or may be
obligated under an implied warranty.
(6) The term ``written warranty'' means--
(A) any written affirmation of fact or written promise made
in connection with the sale of a consumer product by a supplier
to a buyer which relates to the nature of the material or
workmanship and affirms or promises that such material or
workmanship is defect free or will meet a specified level of
performance over a specified period of time, or
(B) any undertaking in writing in connection with the sale
by a supplier of a consumer product to refund, repair, replace,
or take other remedial action with respect to such product in
the event that such product fails to meet the specifications set
forth in the undertaking,

which written affirmation, promise, or undertaking becomes part of
the basis of the bargain between a supplier and a buyer for purposes
other than resale of such product.
(7) The term ``implied warranty'' means an implied warranty
arising under State law (as modified by sections 2308 and 2304(a) of
this title) in connection with the sale by a supplier of a consumer
product.
(8) The term ``service contract'' means a contract in writing to
perform, over a fixed period of time or for a specified duration,
services relating to the maintenance or repair (or both) of a
consumer product.
(9) The term ``reasonable and necessary maintenance'' consists
of those operations (A) which the consumer reasonably can be
expected to perform or have performed and (B) which are necessary to
keep any consumer product performing its intended function and
operating at a reasonable level of performance.
(10) The term ``remedy'' means whichever of the following
actions the warrantor elects:
(A) repair,
(B) replacement, or
(C) refund;

except that the warrantor may not elect refund unless (i) the
warrantor is unable to provide replacement and repair is not
commercially practicable or cannot be timely made, or (ii) the
consumer is willing to accept such refund.
(11) The term ``replacement'' means furnishing a new consumer
product which is identical or reasonably equivalent to the warranted
consumer product.
(12) The term ``refund'' means refunding the actual purchase
price (less reasonable depreciation based on actual use where
permitted by rules of the Commission).
(13) The term ``distributed in commerce'' means sold in
commerce, introduced or delivered for introduction into commerce, or
held for sale or distribution after introduction into commerce.
(14) The term ``commerce'' means trade, traffic, commerce, or
transportation--
(A) between a place in a State and any place outside
thereof, or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).

(15) The term ``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal
Zone, or American Samoa. The term ``State law'' includes a law of
the United States applicable only to the District of Columbia or
only to a territory or possession of the United States; and the term
``Federal law'' excludes any State law.

(Pub. L. 93-637, title I, Sec. 101, Jan. 4, 1975, 88 Stat. 2183.)

References in Text

For definition of Canal Zone, referred to in par. (15), see section
3602(b) of Title 22, Foreign Relations and Intercourse.


Short Title

Section 1 of Pub. L. 93-637 provided: ``That this act [enacting this
chapter and sections 57a to 57c of this title, amending sections 45, 46,
49, 50, 52, 56, and 58 of this title, and enacting provisions set out as
notes under sections 45, 56, 57a, and 57b of this title] may be cited as
the `Magnuson-Moss Warranty--Federal Trade Commission Improvement
Act'.''
TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2302. Rules governing contents of warranties


(a) Full and conspicuous disclosure of terms and conditions; additional
requirements for contents

In order to improve the adequacy of information available to
consumers, prevent deception, and improve competition in the marketing
of consumer products, any warrantor warranting a consumer product to a
consumer by means of a written warranty shall, to the extent required by
rules of the Commission, fully and conspicuously disclose in simple and
readily understood language the terms and conditions of such warranty.
Such rules may require inclusion in the written warranty of any of the
following items among others:
(1) The clear identification of the names and addresses of the
warrantors.
(2) The identity of the party or parties to whom the warranty is
extended.
(3) The products or parts covered.
(4) A statement of what the warrantor will do in the event of a
defect, malfunction, or failure to conform with such written
warranty--at whose expense--and for what period of time.
(5) A statement of what the consumer must do and expenses he
must bear.
(6) Exceptions and exclusions from the terms of the warranty.
(7) The step-by-step procedure which the consumer should take in
order to obtain performance of any obligation under the warranty,
including the identification of any person or class of persons
authorized to perform the obligations set forth in the warranty.
(8) Information respecting the availability of any informal
dispute settlement procedure offered by the warrantor and a recital,
where the warranty so provides, that the purchaser may be required
to resort to such procedure before pursuing any legal remedies in
the courts.
(9) A brief, general description of the legal remedies available
to the consumer.
(10) The time at which the warrantor will perform any
obligations under the warranty.
(11) The period of time within which, after notice of a defect,
malfunction, or failure to conform with the warranty, the warrantor
will perform any obligations under the warranty.
(12) The characteristics or properties of the products, or parts
thereof, that are not covered by the warranty.
(13) The elements of the warranty in words or phrases which
would not mislead a reasonable, average consumer as to the nature or
scope of the warranty.

(b) Availability of terms to consumer; manner and form for presentation
and display of information; duration; extension of period for
written warranty or service contract

(1)(A) The Commission shall prescribe rules requiring that the terms
of any written warranty on a consumer product be made available to the
consumer (or prospective consumer) prior to the sale of the product to
him.
(B) The Commission may prescribe rules for determining the manner
and form in which information with respect to any written warranty of a
consumer product shall be clearly and conspicuously presented or
displayed so as not to mislead the reasonable, average consumer, when
such information is contained in advertising, labeling, point-of-sale
material, or other representations in writing.
(2) Nothing in this chapter (other than paragraph (3) of this
subsection) shall be deemed to authorize the Commission to prescribe the
duration of written warranties given or to require that a consumer
product or any of its components be warranted.
(3) The Commission may prescribe rules for extending the period of
time a written warranty or service contract is in effect to correspond
with any period of time in excess of a reasonable period (not less than
10 days) during which the consumer is deprived of the use of such
consumer product by reason of failure of the product to conform with the
written warranty or by reason of the failure of the warrantor (or
service contractor) to carry out such warranty (or service contract)
within the period specified in the warranty (or service contract).

(c) Prohibition on conditions for written or implied warranty; waiver by
Commission

No warrantor of a consumer product may condition his written or
implied warranty of such product on the consumer's using, in connection
with such product, any article or service (other than article or service
provided without charge under the terms of the warranty) which is
identified by brand, trade, or corporate name; except that the
prohibition of this subsection may be waived by the Commission if--
(1) the warrantor satisfies the Commission that the warranted
product will function properly only if the article or service so
identified is used in connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public
interest.

The Commission shall identify in the Federal Register, and permit public
comment on, all applications for waiver of the prohibition of this
subsection, and shall publish in the Federal Register its disposition of
any such application, including the reasons therefor.

(d) Incorporation by reference of detailed substantive warranty
provisions

The Commission may by rule devise detailed substantive warranty
provisions which warrantors may incorporate by reference in their
warranties.

(e) Applicability to consumer products costing more than $5

The provisions of this section apply only to warranties which
pertain to consumer products actually costing the consumer more than $5.

(Pub. L. 93-637, title I, Sec. 102, Jan. 4, 1975, 88 Stat. 2185.)

Section Referred to in Other Sections

This section is referred to in sections 2303, 2304, 2311, 2312 of
this title.
TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2303. Designation of written warranties


(a) Full (statement of duration) or limited warranty

Any warrantor warranting a consumer product by means of a written
warranty shall clearly and conspicuously designate such warranty in the
following manner, unless exempted from doing so by the Commission
pursuant to subsection (c) of this section:
(1) If the written warranty meets the Federal minimum standards
for warranty set forth in section 2304 of this title, then it shall
be conspicuously designated a ``full (statement of duration)
warranty''.
(2) If the written warranty does not meet the Federal minimum
standards for warranty set forth in section 2304 of this title, then
it shall be conspicuously designated a ``limited warranty''.

(b) Applicability of requirements, standards, etc., to representations
or statements of customer satisfaction

This section and sections 2302 and 2304 of this title shall not
apply to statements or representations which are similar to expressions
of general policy concerning customer satisfaction and which are not
subject to any specific limitations.

(c) Exemptions by Commission

In addition to exercising the authority pertaining to disclosure
granted in section 2302 of this title, the Commission may by rule
determine when a written warranty does not have to be designated either
``full (statement of duration)'' or ``limited'' in accordance with this
section.

(d) Applicability to consumer products costing more than $10 and not
designated as full warranties

The provisions of subsections (a) and (c) of this section apply only
to warranties which pertain to consumer products actually costing the
consumer more than $10 and which are not designated ``full (statement of
duration) warranties''.

(Pub. L. 93-637, title I, Sec. 103, Jan. 4, 1975, 88 Stat. 2187.)

Section Referred to in Other Sections

This section is referred to in section 2311 of this title.

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2304. Federal minimum standards for warranties


(a) Remedies under written warranty; duration of implied warranty;
exclusion or limitation on consequential damages for breach of
written or implied warranty; election of refund or replacement

In order for a warrantor warranting a consumer product by means of a
written warranty to meet the Federal minimum standards for warranty--
(1) such warrantor must as a minimum remedy such consumer
product within a reasonable time and without charge, in the case of
a defect, malfunction, or failure to conform with such written
warranty;
(2) notwithstanding section 2308(b) of this title, such
warrantor may not impose any limitation on the duration of any
implied warranty on the product;
(3) such warrantor may not exclude or limit consequential
damages for breach of any written or implied warranty on such
product, unless such exclusion or limitation conspicuously appears
on the face of the warranty; and
(4) if the product (or a component part thereof) contains a
defect or malfunction after a reasonable number of attempts by the
warrantor to remedy defects or malfunctions in such product, such
warrantor must permit the consumer to elect either a refund for, or
replacement without charge of, such product or part (as the case may
be). The Commission may by rule specify for purposes of this
paragraph, what constitutes a reasonable number of attempts to
remedy particular kinds of defects or malfunctions under different
circumstances. If the warrantor replaces a component part of a
consumer product, such replacement shall include installing the part
in the product without charge.

(b) Duties and conditions imposed on consumer by warrantor

(1) In fulfilling the duties under subsection (a) of this section
respecting a written warranty, the warrantor shall not impose any duty
other than notification upon any consumer as a condition of securing
remedy of any consumer product which malfunctions, is defective, or does
not conform to the written warranty, unless the warrantor has
demonstrated in a rulemaking proceeding, or can demonstrate in an
administrative or judicial enforcement proceeding (including private
enforcement), or in an informal dispute settlement proceeding, that such
a duty is reasonable.
(2) Notwithstanding paragraph (1), a warrantor may require, as a
condition to replacement of, or refund for, any consumer product under
subsection (a) of this section, that such consumer product shall be made
available to the warrantor free and clear of liens and other
encumbrances, except as otherwise provided by rule or order of the
Commission in cases in which such a requirement would not be
practicable.
(3) The Commission may, by rule define in detail the duties set
forth in subsection (a) of this section and the applicability of such
duties to warrantors of different categories of consumer products with
``full (statement of duration)'' warranties.
(4) The duties under subsection (a) of this section extend from the
warrantor to each person who is a consumer with respect to the consumer
product.

(c) Waiver of standards

The performance of the duties under subsection (a) of this section
shall not be required of the warrantor if he can show that the defect,
malfunction, or failure of any warranted consumer product to conform
with a written warranty, was caused by damage (not resulting from defect
or malfunction) while in the possession of the consumer, or unreasonable
use (including failure to provide reasonable and necessary maintenance).

(d) Remedy without charge

For purposes of this section and of section 2302(c) of this title,
the term ``without charge'' means that the warrantor may not assess the
consumer for any costs the warrantor or his representatives incur in
connection with the required remedy of a warranted consumer product. An
obligation under subsection (a)(1)(A) of this section to remedy without
charge does not necessarily require the warrantor to compensate the
consumer for incidental expenses; however, if any incidental expenses
are incurred because the remedy is not made within a reasonable time or
because the warrantor imposed an unreasonable duty upon the consumer as
a condition of securing remedy, then the consumer shall be entitled to
recover reasonable incidental expenses which are so incurred in any
action against the warrantor.

(e) Incorporation of standards to products designated with full warranty
for purposes of judicial actions

If a supplier designates a warranty applicable to a consumer product
as a ``full (statement of duration)'' warranty, then the warranty on
such product shall, for purposes of any action under section 2310(d) of
this title or under any State law, be deemed to incorporate at least the
minimum requirements of this section and rules prescribed under this
section.

(Pub. L. 93-637, title I, Sec. 104, Jan. 4, 1975, 88 Stat. 2187.)

Section Referred to in Other Sections

This section is referred to in sections 2301, 2303, 2308, 2311 of
this title.

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2305. Full and limited warranting of a consumer product

Nothing in this chapter shall prohibit the selling of a consumer
product which has both full and limited warranties if such warranties
are clearly and conspicuously differentiated.

(Pub. L. 93-637, title I, Sec. 105, Jan. 4, 1975, 88 Stat. 2188.)


TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2306. Service contracts; rules for full, clear and
conspicuous disclosure of terms and conditions; addition to or
in lieu of written warranty

(a) The Commission may prescribe by rule the manner and form in
which the terms and conditions of service contracts shall be fully,
clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier
or warrantor from entering into a service contract with the consumer in
addition to or in lieu of a written warranty if such contract fully,
clearly, and conspicuously discloses its terms and conditions in simple
and readily understood language.

(Pub. L. 93-637, title I, Sec. 106, Jan. 4, 1975, 88 Stat. 2188.)
TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2307. Designation of representatives by warrantor to
perform duties under written or implied warranty

Nothing in this chapter shall be construed to prevent any warrantor
from designating representatives to perform duties under the written or
implied warranty: Provided, That such warrantor shall make reasonable
arrangements for compensation of such designated representatives, but no
such designation shall relieve the warrantor of his direct
responsibilities to the consumer or make the representative a
cowarrantor.

(Pub. L. 93-637, title I, Sec. 107, Jan. 4, 1975, 88 Stat. 2189.)


TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2308. Implied warranties


(a) Restrictions on disclaimers or modifications

No supplier may disclaim or modify (except as provided in subsection
(b) of this section) any implied warranty to a consumer with respect to
such consumer product if (1) such supplier makes any written warranty to
the consumer with respect to such consumer Product, or (2) at the time
of sale, or within 90 days thereafter, such supplier enters into a
service contract with the consumer which applies to such consumer
product.

(b) Limitation on duration

For purposes of this chapter (other than section 2304(a)(2) of this
title), implied warranties may be limited in duration to the duration of
a written warranty of reasonable duration, if such limitation is
conscionable and is set forth in clear and unmistakable language and
prominently displayed on the face of the warranty.

(c) Effectiveness of disclaimers, modifications, or limitations

A disclaimer, modification, or limitation made in violation of this
section shall be ineffective for purposes of this chapter and State law.

(Pub. L. 93-637, title I, Sec. 108, Jan. 4, 1975, 88 Stat. 2189.)

Section Referred to in Other Sections

This section is referred to in sections 2301, 2304, 2311 of this
title.

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2309. Procedures applicable to promulgation of rules by
Commission


(a) Oral presentation

Any rule prescribed under this chapter shall be prescribed in
accordance with section 553 of title 5; except that the Commission shall
give interested persons an opportunity for oral presentations of data,
views, and arguments, in addition to written submissions. A transcript
shall be kept of any oral presentation. Any such rule shall be subject
to judicial review under section 57a(e) of this title in the same manner
as rules prescribed under section 57a(a)(1)(B) of this title, except
that section 57a(e)(3)(B) of this title shall not apply.

(b) Warranties and warranty practices involved in sale of used motor
vehicles

The Commission shall initiate within one year after January 4, 1975,
a rulemaking proceeding dealing with warranties and warranty practices
in connection with the sale of used motor vehicles; and, to the extent
necessary to supplement the protections offered the consumer by this
chapter, shall prescribe rules dealing with such warranties and
practices. In prescribing rules under this subsection, the Commission
may exercise any authority it may have under this chapter, or other law,
and in addition it may require disclosure that a used motor vehicle is
sold without any warranty and specify the form and content of such
disclosure.

(Pub. L. 93-637, title I, Sec. 109, Jan. 4, 1975, 88 Stat. 2189.)

Section Referred to in Other Sections

This section is referred to in section 2311 of this title.
TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2310. Remedies in consumer disputes


(a) Informal dispute settlement procedures; establishment; rules setting
forth minimum requirements; effect of compliance by warrantor;
review of informal procedures or implementation by Commission;
application to existing informal procedures

(1) Congress hereby declares it to be its policy to encourage
warrantors to establish procedures whereby consumer disputes are fairly
and expeditiously settled through informal dispute settlement
mechanisms.
(2) The Commission shall prescribe rules setting forth minimum
requirements for any informal dispute settlement procedure which is
incorporated into the terms of a written warranty to which any provision
of this chapter applies. Such rules shall provide for participation in
such procedure by independent or governmental entities.
(3) One or more warrantors may establish an informal dispute
settlement procedure which meets the requirements of the Commission's
rules under paragraph (2). If--
(A) a warrantor establishes such a procedure,
(B) such procedure, and its implementation, meets the
requirements of such rules, and
(C) he incorporates in a written warranty a requirement that the
consumer resort to such procedure before pursuing any legal remedy
under this section respecting such warranty,

then (i) the consumer may not commence a civil action (other than a
class action) under subsection (d) of this section unless he initially
resorts to such procedure; and (ii) a class of consumers may not proceed
in a class action under subsection (d) of this section except to the
extent the court determines necessary to establish the representative
capacity of the named plaintiffs, unless the named plaintiffs (upon
notifying the defendant that they are named plaintiffs in a class action
with respect to a warranty obligation) initially resort to such
procedure. In the case of such a class action which is brought in a
district court of the United States, the representative capacity of the
named plaintiffs shall be established in the application of rule 23 of
the Federal Rules of Civil Procedure. In any civil action arising out of
a warranty obligation and relating to a matter considered in such a
procedure, any decision in such procedure shall be admissible in
evidence.
(4) The Commission on its own initiative may, or upon written
complaint filed by any interested person shall, review the bona fide
operation of any dispute settlement procedure resort to which is stated
in a written warranty to be a prerequisite to pursuing a legal remedy
under this section. If the Commission finds that such procedure or its
implementation fails to comply with the requirements of the rules under
paragraph (2), the Commission may take appropriate remedial action under
any authority it may have under this chapter or any other provision of
law.
(5) Until rules under paragraph (2) take effect, this subsection
shall not affect the validity of any informal dispute settlement
procedure respecting consumer warranties, but in any action under
subsection (d) of this section, the court may invalidate any such
procedure if it finds that such procedure is unfair.

(b) Prohibited acts

It shall be a violation of section 45(a)(1) of this title for any
person to fail to comply with any requirement imposed on such person by
this chapter (or a rule thereunder) or to violate any prohibition
contained in this chapter (or a rule thereunder).

(c) Injunction proceedings by Attorney General or Commission for
deceptive warranty, noncompliance with requirements, or
violating prohibitions; procedures; definitions

(1) The district courts of the United States shall have jurisdiction
of any action brought by the Attorney General (in his capacity as such),
or by the Commission by any of its attorneys designated by it for such
purpose, to restrain (A) any warrantor from making a deceptive warranty
with respect to a consumer product, or (B) any person from failing to
comply with any requirement imposed on such person by or pursuant to
this chapter or from violating any prohibition contained in this
chapter. Upon proper showing that, weighing the equities and considering
the Commission's or Attorney General's likelihood of ultimate success,
such action would be in the public interest and after notice to the
defendant, a temporary restraining order or preliminary injunction may
be granted without bond. In the case of an action brought by the
Commission, if a complaint under section 45 of this title is not filed
within such period (not exceeding 10 days) as may be specified by the
court after the issuance of the temporary restraining order or
preliminary injunction, the order or injunction shall be dissolved by
the court and be of no further force and effect. Any suit shall be
brought in the district in which such person resides or transacts
business. Whenever it appears to the court that the ends of justice
require that other persons should be parties in the action, the court
may cause them to be summoned whether or not they reside in the district
in which the court is held, and to that end process may be served in any
district.
(2) For the purposes of this subsection, the term ``deceptive
warranty'' means (A) a written warranty which (i) contains an
affirmation, promise, description, or representation which is either
false or fraudulent, or which, in light of all of the circumstances,
would mislead a reasonable individual exercising due care; or (ii) fails
to contain information which is necessary in light of all of the
circumstances, to make the warranty not misleading to a reasonable
individual exercising due care; or (B) a written warranty created by the
use of such terms as ``guaranty'' or ``warranty'', if the terms and
conditions of such warranty so limit its scope and application as to
deceive a reasonable individual.

(d) Civil action by consumer for damages, etc.; jurisdiction; recovery
of costs and expenses; cognizable claims

(1) Subject to subsections (a)(3) and (e) of this section, a
consumer who is damaged by the failure of a supplier, warrantor, or
service contractor to comply with any obligation under this chapter, or
under a written warranty, implied warranty, or service contract, may
bring suit for damages and other legal and equitable relief--
(A) in any court of competent jurisdiction in any State or the
District of Columbia; or
(B) in an appropriate district court of the United States,
subject to paragraph (3) of this subsection.

(2) If a consumer finally prevails in any action brought under
paragraph (1) of this subsection, he may be allowed by the court to
recover as part of the judgment a sum equal to the aggregate amount of
cost and expenses (including attorneys' fees based on actual time
expended) determined by the court to have been reasonably incurred by
the plaintiff for or in connection with the commencement and prosecution
of such action, unless the court in its discretion shall determine that
such an award of attorneys' fees would be inappropriate.
(3) No claim shall be cognizable in a suit brought under paragraph
(1)(B) of this subsection--
(A) if the amount in controversy of any individual claim is less
than the sum or value of $25;
(B) if the amount in controversy is less than the sum or value
of $50,000 (exclusive of interests and costs) computed on the basis
of all claims to be determined in this suit; or
(C) if the action is brought as a class action, and the number
of named plaintiffs is less than one hundred.

(e) Class actions; conditions; procedures applicable

No action (other than a class action or an action respecting a
warranty to which subsection (a)(3) of this section applies) may be
brought under subsection (d) of this section for failure to comply with
any obligation under any written or implied warranty or service
contract, and a class of consumers may not proceed in a class action
under such subsection with respect to such a failure except to the
extent the court determines necessary to establish the representative
capacity of the named plaintiffs, unless the person obligated under the
warranty or service contract is afforded a reasonable opportunity to
cure such failure to comply. In the case of such a class action (other
than a class action respecting a warranty to which subsection (a)(3) of
this section applies) brought under subsection (d) of this section for
breach of any written or implied warranty or service contract, such
reasonable opportunity will be afforded by the named plaintiffs and they
shall at that time notify the defendant that they are acting on behalf
of the class. In the case of such a class action which is brought in a
district court of the United States, the representative capacity of the
named plaintiffs shall be established in the application of rule 23 of
the Federal Rules of Civil Procedure.

(f) Warrantors subject to enforcement of remedies

For purposes of this section, only the warrantor actually making a
written affirmation of fact, promise, or undertaking shall be deemed to
have created a written warranty, and any rights arising thereunder may
be enforced under this section only against such warrantor and no other
person.

(Pub. L. 93-637, title I, Sec. 110, Jan. 4, 1975, 88 Stat. 2189.)

References in Text

Rule 23 of the Federal Rules of Civil Procedure, referred to in
subsecs. (a)(3) and (e), is set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in section 2304 of this title.

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2311. Applicability to other laws


(a) Federal Trade Commission Act and Federal Seed Act

(1) Nothing contained in this chapter shall be construed to repeal,
invalidate, or supersede the Federal Trade Commission Act [15 U.S.C. 41
et seq.] or any statute defined therein as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal,
invalidate, or supersede the Federal Seed Act [7 U.S.C. 1551 et seq.]
and nothing in this chapter shall apply to seed for planting.

(b) Rights, remedies, and liabilities

(1) Nothing in this chapter shall invalidate or restrict any right
or remedy of any consumer under State law or any other Federal law.
(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2)
and (4) of this title) shall (A) affect the liability of, or impose
liability on, any person for personal injury, or (B) supersede any
provision of State law regarding consequential damages for injury to the
person or other injury.

(c) State warranty laws

(1) Except as provided in subsection (b) of this section and in
paragraph (2) of this subsection, a State requirement--
(A) which relates to labeling or disclosure with respect to
written warranties or performance thereunder;
(B) which is within the scope of an applicable requirement of
sections 2302, 2303, and 2304 of this title (and rules implementing
such sections), and
(C) which is not identical to a requirement of section 2302,
2303, or 2304 of this title (or a rule thereunder),

shall not be applicable to written warranties complying with such
sections (or rules thereunder).
(2) If, upon application of an appropriate State agency, the
Commission determines (pursuant to rules issued in accordance with
section 2309 of this title) that any requirement of such State covering
any transaction to which this chapter applies (A) affords protection to
consumers greater than the requirements of this chapter and (B) does not
unduly burden interstate commerce, then such State requirement shall be
applicable (notwithstanding the provisions of paragraph (1) of this
subsection) to the extent specified in such determination for so long as
the State administers and enforces effectively any such greater
requirement.

(d) Other Federal warranty laws

This chapter (other than section 2302(c) of this title) shall be
inapplicable to any written warranty the making or content of which is
otherwise governed by Federal law. If only a portion of a written
warranty is so governed by Federal law, the remaining portion shall be
subject to this chapter.

(Pub. L. 93-637, title I, Sec. 111, Jan. 4, 1975, 88 Stat. 2192.)

References in Text

The Federal Trade Commission Act, referred to in subsec. (a)(1), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
this title. For complete classification of this Act to the Code, see
section 58 of this title and Tables.
The Antitrust Acts, referred to in subsec. (a)(1), are defined in
section 44 of this title.
The Federal Seed Act, referred to in subsec. (a)(2), is act Aug. 9,
1939, ch. 615, 53 Stat. 1275, as amended, which is classified generally
to chapter 37 (Sec. 1551 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see section 1551 of Title 7 and
Tables.

TITLE 15--COMMERCE AND TRADE

CHAPTER 50--CONSUMER PRODUCT WARRANTIES

Sec. 2312. Effective dates


(a) Effective date of chapter

Except as provided in subsection (b) of this section, this chapter
shall take effect 6 months after January 4, 1975, but shall not apply to
consumer products manufactured prior to such date.

(b) Effective date of section 2302(a)

Section 2302(a) of this title shall take effect 6 months after the
final publication of rules respecting such section; except that the
Commission, for good cause shown, may postpone the applicability of such
sections until one year after such final publication in order to permit
any designated classes of suppliers to bring their written warranties
into compliance with rules promulgated pursuant to this chapter.

(c) Promulgation of rules

The Commission shall promulgate rules for initial implementation of
this chapter as soon as possible after January 4, 1975, but in no event
later than one year after such date.

(Pub. L. 93-637, title I, Sec. 112, Jan. 4, 1975, 88 Stat. 2192.)

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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