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US Code - Title 15, Chapter 50, Sections 2301-2312
Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) . For best results, consider working with performance-oriented dealerships with a proven history of working with customers. If your vehicle manufacturer fails to honor emission/warranty claims, contact EPA at (202) 260-2080 or www.epa.gov.
If federal warranty protection is denied, contact the FTC at (202) 326-3128 orwww.ftc.gov.
Section
2301.
Definitions
(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.
Section
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.
Section
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".
Section
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.
Section
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.
Section
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.
Section
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
co-warrantor.
Section
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.
Section
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.
Section
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.
Section
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.
Section
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.
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