New Jersey Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
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How to fill out Complaint Regarding Defective Auto, Breach Of Warranty, Motor Vehicle Warranty Act, And Magnuson Moss Act, Punitive Damages?
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FAQ
Written warranties must be titled either ?full? or ?limited.? Warranties must outline the coverage they provide using language that is easy to understand. Warranties must be available for consumers wherever the product they cover is sold.
Of the Magnuson-Moss Warranty Act in federal court, provided that no such claim would be cognizable ?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.? 28 U.S.C.
The amount in controversy may also include punitive damages. The courts may, however, scrutinize punitive damages claims closely, especially if such claims make up the bulk of the amount in controversy.
A "consumer" may sue a "supplier, warrantor, or service contractor" for breach of a written warranty, implied warranty, or service contract, and for a violation of the Act.
?Diversity jurisdiction? in federal court under 28 U.S.C. § 1332 exists when two conditions are met. First, the amount in controversy must exceed $75,000. Second, all plaintiffs must be of different citizenship than all defendants.
Passed by Congress in 1975 - Section 102(c), 15 U.S.C. 2302(c), the Magnuson-Moss Warranty Act (MMWA) prevents manufacturers from using disclaimers on warranties in an unfair or misleading manner.
The Magnuson-Moss Warranty Act requires that every written warranty on a consumer product that costs more than $10 have a title that says the warranty is either "full" or "limited" (The Act calls these titles "designations.") The title is intended to provide consumers, at a glance, with a key to some of the important ...
The Magnuson-Moss Warranty Act prevents written warranties from lessening the coverage provided by implied warranties. However, a written limited warranty may restrict the duration of an implied warranty to match its own.