Illinois Complaint Against Car Manufacturer for Breach of Warranty under Magnuson Moss Act
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How to fill out Illinois Complaint Against Car Manufacturer For Breach Of Warranty Under Magnuson Moss Act?
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FAQ
What are the obligations of merchants under the Magnusson-Moss Warranty Act? When a written warranty is offered on consumer goods costing more than $10 and sold in interstate commerce, the warranty must be labeled as full or limited.
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.The Act enables consumers to comparison shop for warranties.
The federal Magnuson-Moss Warranty Act is the law that keeps manufacturers up at night, and rightfully so. The law is designed to provide a remedy to consumers for failure of manufacturers to abide by their warranties, but it provides an even heavier cudgel for attacking manufacturers than Congress may have intended.
The Magnuson-Moss Act applies to vehicles under their original or extended manufacturers warranty, and the car must be in the shop for 3 or more times for the same problem.
The Uniform Commercial Code (UCC) The Magnuson-Moss Act and many state Lemon Laws also provide for attorney fees under the UCC. For used vehicle sales, the UCC states the sale automatically includes an implied warranty that the vehicle is fit for transportation.
The company must clearly and conspicuously disclose written warranties in a single document, and include, in simple and readily understood language, certain items of information, such as: (1) the identities of the parties to whom the warranty is extended; (2) a description of the products and parts covered by the
To prevail under Magnuson-Moss, a plaintiff must show there is a valid warranty, the product was presented for repair during the warranty period, and the manufacturer failed to conform the product to the provisions of the warranty within a reasonable amount of time or number of repair attempts.